We've learned a lot in the past few years while developing and deploying the Suicide Prevention App. Our takeoff was shaky, our initial products were less than good, and we've had our fair share of hiccups and setbacks along the way. However, we didn't give up, we kept our nose to the grindstone and have constantly strived to iterate our product to be the best it can be with the resources we had.
Are we done yet? No way in hell! We still have many more hills to climb, eons of obstacles to overcome, and unforeseen challenges ahead of us that will attempt to break us down beyond repair. That's just it though... of the many challenges our team has faced, myself included, consideration has been entertained that giving up was the answer, but the reality is this: quitting is not an option!
The same fortitude we demand upon ourselves to do our best and never give up, is the same outlook we hope to bestow upon those that use our tools to overcome challenges of their own. We hope that we can help individuals find a glimmer of light in the darkness, and develop the courage to overcome their current situation so that they can grow and become stronger than they were before.
I want to give a special shout-out and say thank you to all the people that participated in tireless testing, seemingly endless hours of development, conducted extensive feedback and analysis, participated in our many studies, conducted clinical evaluations of the assessment model, and everyone that supported us throughout the years. We couldn't have done this without you!
Effective Date: January12th, 2019
Managing Your Information Preferences
Information We Collect
We collect information that personally identifies you, such as your [name, username, email address, age, occupation, ethnicity and other personally identifiable information when you sign up for the Site or Services ("Personal Information"). The decision to provide this information is optional. However, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Site or Services. We also collect Personal Information from you when you access the Services and/or other parts of the Site and elect to provide Personal Information. For example, when you use the Services, we will collect data that you upload to the Site and/or information that you input into your account.
Our mobile application may collect certain additional information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the application. We may also use GPS technology (or other similar technology) to determine your current location. If you do not want us to have your location information, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.
Usage Data and Site Activity
We automatically collect information regarding the actions you take on the Site and Services ("Usage Data"). Usage Data is information or content we collect about the use of our Site or Services in a way that does not identify an individual user. Usage Data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor or enhance our Services. We may share Usage Data about our users with third parties for various purposes, including to help us better understand our customers’ needs and improve our Services. For example, each time you use the Site we may automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, how you interact with links on the Site or Services, comments and other content you post via the Services and the time and duration of your visits to the Site. This Usage Data may be associated with your account, but we do not disclose your Personal Information to third parties unless otherwise provided herein. We may store such Usage Data itself and/or such information may be included in databases owned and maintained by Company affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, how our Services are being used, etc.
Cookies and Web Beacons
How We Use Information and When We May Share and Disclose Information Generally
We may use your Personal Information for the purpose for which it was provided, including without limitation for the purposes described further below:
• Provision and Monitoring of the Services: We will use your Personal Information to provide you with access to and to support your use of the Site and Services and to monitor your use of the Site and Services.
• Surveys and Other Special Offers: From time to time, we may offer our users the opportunity to participate in surveys and other special offers. If you elect to participate in these services, you may need to provide certain Personal Information.
• Questions and Requests: If you contact us by e-mail or otherwise, we will use the Personal Information you provide to answer your question or resolve your problem.
• Contacting You About Other Products, Services and Events: If you opt-in, Company and/or third parties may use your Personal Information to contact you in the future to tell you about products, services and events that may be of interest to you.
• Research and Data Analysis: In an ongoing effort to better understand and serve the users of the Site and the Services, Company may conduct research on its customers’ demographics, interests and behavior based on Usage Data and other information provided to us. This data may be compiled and analyzed on an aggregate basis, and Company may share this data with advertisers, researchers, business partners, publications, and other third parties. This information will not identify you personally.
• Service Improvement: We may use your Personal Information, aggregated Personal Information and other non-personally-identifiable information collected through the Site and Services to help us improve the content and functionality of the Site, to better understand our users and to improve the Services.
Information You Make Available to Others
By using the Site or Services, including creation of a profile on Company or submission of public queries, you may make certain of your Personal Information available to others, such as your name, your username, and your picture. This information may be accessed by users who use the Site or Services and may be accessed by commercial search engines such as Google, Yahoo!, and Bing to the extent that such engines are permitted to access the Site or Services.
Third Party Services and Applications
Through the Site or Services, you may elect to access third-party services and applications, such as Facebook, LinkedIn, and other social networks. When you do so, you may be able to import information from those other services and applications and share content with those services. Some of those third-party services may also provide us with information from your accounts, which may enable us to enhance and personalize your use of the Site and Services. If you elect to enable such third-party services or applications, the information you share with such third-party services and applications will be subject to their privacy policies and your privacy settings. You can control whether your activity is sent to third-party services and applications by changing the relevant settings in your Company account. You also may be able to control or block such sharing by changing your privacy settings in such services or applications. Third parties may collect, but we do not authorize them to collect, personally identifiable information about your online activities over time and across different websites when you use the Site or Services.
From time to time, we may establish a business relationship with other businesses that we believe to be trustworthy and have privacy practices consistent with ours ("Service Providers"). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing and promotions. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use or disclosure. Service Providers are prohibited from using Personal Information other than as specified by Company.
We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with Company. If the Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets or equity, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.
Compliance with Laws and Law Enforcement
The Company will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other content and information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect your safety or the safety, property or rights of the Company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Be Careful When You Share Information with Others
Please be aware that whenever you share information on a publicly available page or any other public forum on the Site or Services, others may access that information. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of Personal Information and other information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.
We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.
Processing in the United States
Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. By using our Site or Services, you agree to such transfer and that the applicable laws in the United States will govern the collection, use, transfer, and disclosure of your Personal Information and communications. The laws in the United States may not be as protective of your privacy as those in your location.
At ISD Innovations, Inc., we respect the copyright rights of others and have adopted the following procedure regarding the removal of allegedly infringing materials from any of our websites (“Website(s)”) and/or that appear via any of our applications (“Apps”), consistent with the removal notification and counter-notification provisions of the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
The DMCA provides a process for an owner of copyrighted material to notify an online service provider of alleged copyright infringement. Upon receipt of a valid DMCA removal notification (described below), we will remove or disable access to the allegedly infringing content and take reasonable steps to contact the party that originally posted that content to allow it to file a counter-notification that indicates that it had the right to post the content. Upon receipt of a valid counter-notification (also described below), we may restore the content in question, unless we receive timely notice from the party that requested removal that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
By submitting either a removal notification or a counter-notification as described herein, the submitting party acknowledges and agrees that we may provide copies of such notices and any information contained therein to the other participants in the dispute or to any other third parties deemed necessary by us. Please note that federal law provides that any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys' fees.
If you believe someone has posted your copyrighted material on the Website or App and wish to have it removed, please send a removal notification to our designated copyright agent as provided below. To be considered valid, your request for removal must be written and include the following:
1. A statement that you are the owner of the material that has allegedly been infringed, or a statement that you are authorized to act on behalf of the owner of the material that has allegedly been infringed.
2. Your name, address, telephone number and, if available, an email address so that we may contact you.
3. A statement identifying the material that you believe to be infringing and information reasonably sufficient to permit us to locate that material. (If you believe multiple copyrighted works have been infringed, you can submit a single notification with a representative list of the allegedly infringed works.)
4. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement, under penalty of perjury, that the information in the removal notification is accurate.
6. Your signature. (The signature may be electronic.)
Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification as provided below.
In response to our receipt of a valid removal notice and removal of material, if you believe that the allegedly infringing material is not infringing and want us to restore it on the Website or App, please send a counter-notification to our designated copyright agent as provided below.
To be considered valid, your counter-notification must be written and include the following:
1. Your name, address, telephone number and, if available, an email address so that we may contact you.
2. A statement identifying the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or for Los Angeles County, California, if your address is outside of the United States), and that you will accept service of process from the person who sent the removal notice or an agent of such person.
5. Your signature. (The signature may be electronic.)
Promptly after receipt of a valid counter-notification, we will forward it to the party who submitted the original removal notification. After we send out the counter-notification, the party that submitted the original removal notification must then notify us within 10 business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity. If we receive such notification, we will not restore the material. If we do not receive such notification, we may reinstate the material within 10 to 14 days of receipt of the valid counter-notification.
Where to Send Notices
All notices should be sent to our designated copyright agent using the following contact information:
ISD Innovations, Inc.
Attn: Copyright Agent
107 N. Reino Rd., #155
Newbury Park, CA 91320
Terms & Conditions
ISD Innovations, Inc. Terms and Conditions
Effective Date: January 12th, 2019
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ARE CONTEMPLATING ACTING UPON THOUGHTS OF SUICIDE, CALL 911 OR THE NATIONAL SUICIDE PREVENTION LIFELINE (1-800-273-8255) IMMEDIATELY.
IMPORTANT — THIS AGREEMENT (“AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) ("YOU" or "YOUR") AND ISD INNOVATIONS, INC. (HEREINAFTER "COMPANY," "WE", "US" OR “OUR”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR USE OF WWW.ISDINNOVATIONS.ORG AND ANY OTHER WEBSITE OWNED AND OPERATED BY COMPANY (THE "WEBSITE(S)") AND ANY COMPANY SERVICES, INCLUDING ANY SOFTWARE, COMPANY MOBILE APPLICATIONS (THE "APP(S)"), PRODUCTS, COURSES OR OTHER SERVICES OFFERED BY COMPANY FROM TIME TO TIME (THE APPS, PRODUCTS OR OTHER SERVICES ARE REFERRED TO COLLECTIVELY AS "SERVICE(S)").
1. Agreement. BY USING ANY WEBSITES OR USING ANY SERVICES FROM COMPANY, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT IN SECTION 14 BELOW.
SOME OF OUR SERVICES MAY HAVE ADDITIONAL RULES, POLICIES, AND PROCEDURES ("ADDITIONAL TERMS"). WHERE ADDITIONAL TERMS APPLY, WE WILL MAKE THEM AVAILABLE FOR YOU TO READ THROUGH IN CONNECTION WITH YOUR USE OF THAT SERVICE. BY USING THAT SERVICE, YOU AGREE TO THE ADDITIONAL TERMS.
WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE SERVICES OFFERED BY COMPANY AT ANY TIME. IF WE MAKE ANY MATERIAL CHANGE TO THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THE APPLICABLE WEBSITE(S) OR APP(S) AND/OR SENDING YOU AN EMAIL TO THE LAST EMAIL ADDRESS YOU PROVIDED TO US (IF ANY). ANY CHANGES WILL GO INTO EFFECT ON THE EFFECTIVE DATE SHOWN IN THE REVISED AGREEMENT. WE MAY REQUIRE YOU TO PROVIDE CONSENT TO THE UPDATED AGREEMENT BEFORE FURTHER USE OF THE SERVICES IS PERMITTED.
BY CONTINUING TO USE ANY WEBSITES OR TO USE ANY SERVICES FROM COMPANY AFTER THE NEW EFFECTIVE DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
2. Eligibility. You agree to provide us with complete and current registration information. Persons under 13 are prohibited from providing personal information on our Websites or via our Apps. If you are under 18, you may only use our Websites and Apps with the supervision and consent of a parent or guardian 18 years of age or older.
3. Acceptable Use. You are responsible for your use of the Websites and Services, and for any use of the Websites and Services made using your account. Our goal is to create a positive, rewarding, and safe experience in connection with our Websites and Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Company. When you use the Websites and Services, you may not:
• violate any law or regulation;
• violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 9 below);
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any Web pages or content contained in the Websites or Apps (although Company may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and Company reserves the right to revoke these exceptions either generally or in specific cases);
• use automated methods to use the Websites or Apps;
• attempt to circumvent any technological measure implemented by Company or any of Company's providers or any other third party (including another user) to protect the Websites or Apps;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites or Apps; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
If you elect to download the App, the following also applies: Company grants you a personal, revocable, non-exclusive, non-transferable license (without a right to sublicense) to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to this Agreement, including the restrictions on use, the acceptable use provisions and our right to remove your Content (as defined below) at our discretion at any time. Furthermore, with respect to any App accessed through or downloaded from an App Store such as the Android Market or Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on a product that runs the operating system for which it was intended and (ii) as permitted by the “Usage Rules” set forth in the corresponding App Store. Use of the App from a third party App Store is also subject to the provisions of Section 15.
4. Ownership & Copyright Restrictions. The Websites and Apps are owned and operated by Company. The Websites and Apps, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole ("Content"), are copyrighted under U.S. copyright and other laws by Company or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites, Apps or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Websites, Apps or elsewhere.
Except as noted in Section 5 below: (1) the Websites and Apps may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites, Apps or any Content or components that are available on the Websites or Apps; and (3) you may not make commercial use of any webpage or Services provided by Company, including redistribution or copying by means; EXCEPT with the prior, express written permission of Company.
You agree not to interfere or take action that results in interference with or disruption of the Websites or Apps or servers or networks connected to the Websites or Apps. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites or Apps. Company reserves all other rights. Except as expressly provided herein, nothing on the Websites or as part of the Services will be construed as conferring any license under Company’s and/or any third party’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Company may revoke any of the foregoing rights and/or your access to the Websites and Services, including the App, or any part thereof, at any time without prior notice.
5. Copyright Permission. Permission is granted for viewing the Website pages on the Internet and content via the Apps, subject to the terms and conditions of this Agreement. In the event that information is downloaded from the Websites or Apps, the information, including any Content, data or files incorporated in or generated by the Websites or Apps are owned by Company and Company retains complete title to the information and all property rights therein. All other rights are reserved.
6. Trademarks. All Content, product names, trademarks, service marks and logos on the Websites Apps or as part of the Services, unless otherwise noted, are wholly owned or validly licensed by Company. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
7. Your Submissions. If, when using the Services, you submit any photographic, video, text or other content (“Your Content”), you hereby grant Company a non-exclusive, perpetual, royalty-free, worldwide right and license, with rights to sublicense, to distribute, publicly perform and publicly display in any form or medium, reproduce, modify, make derivative works of and otherwise use Your Content at Company’s sole discretion. You represent and warrant that you have all necessary rights to grant the rights to Company granted herein, including without limitation, all necessary consents from any individuals appearing in or whose content appears in Your Content. You agree that Your Content will not violate or infringe the rights of any third parties, including privacy, publicity and intellectual and proprietary rights.
9. Anti-Spam Policy. Company prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Company, and/or its products and services. Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING COMPANY'S PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
10. DISCLAIMER. USE OF THE WEBSITES AND SERVICES IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR THOUGHTS OF SUICIDE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITES OR VIA THE SERVICES. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO COMPANY'S SERVICES, THE WEBSITES, OR INFORMATION CONTAINED ON THE WEBSITES OR APPS.
THE SERVICES ARE PROVIDED "AS IS." YOU RELY ON THE SERVICES SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITES OR THE SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT ARCHIVAL AND BACKUP COPIES OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEBSITES OR SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
11. LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT COMPANY, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR YOUR USE OF COMPANY SERVICES.
THE CUMULATIVE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR YOUR USE OF COMPANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO COMPANY BY YOU (IF ANY) DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
12. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS AFFILIATES AND AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THE SERVICES BY OR THROUGH YOUR ACCOUNT.
13. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles.
14. Arbitration Agreement. Except as provided herein, you and Company agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Services or this Agreement (each a "Claim") shall be submitted for binding arbitration in accordance with the rules of JAMS ("JAMS"). If JAMS is not available to arbitrate, the parties shall agree to select an available alternative dispute resolution provider (“ADR Provider”) and the rules of such provider shall govern all aspects of the arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.
For any claim where the total amount of the award sought is $10,000 or less, JAMS, you and Company must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS rules, and the hearing (if any) will take place within 100 miles of your residence.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in either a small claims court of competent jurisdiction or the state or federal courts located in Los Angeles, California.
Neither you nor Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section 14 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 14 shall continue in full force and effect. No waiver of any provision of this Section 14 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. This Section 14 will survive the termination of your relationship with Company.
Notwithstanding any provision in this Agreement to the contrary, Company agrees that if it makes any future material change to this Section 14, it will not apply to any individual claim(s) of which you had already provided notice to Company.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES OR THE RULES OF AN ADR PROVIDER.
15. App Store. When you download our Apps, you may do so through a third party’s App Store. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App Store Sourced Application (as such term is defined in Section 3):
(a) Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms.
(b) You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
(d) You and we acknowledge that, as between Company and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and the App Store Owner, Company, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
16. Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
17. Unenforceability. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
18. Authority. The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
19. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
20. Notice to California Users. Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Notices. You may contact us by writing or calling us at:
ISD Innovations, Inc.
107 N. Reino Rd., #155
Newbury Park, CA 91320
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.