JUSTWHERETHEM TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of the JustWhereThem app and its associated services (collectively, “JustWhereThem”). By accessing or using JustWhereThem, you agree to be bound by these Terms. You may use JustWhereThem only if you comply with these Terms and all applicable laws and are not barred from receiving services under the laws of any applicable jurisdiction.

“We,” “us” and “our” refer to DoubleLimit, a California corporation (“DoubleLimit”).

“You” and “your” refer to each user of JustWhereThem and, as applicable, any individual or entity on behalf of which such individual uses JustWhereThem.

1.      Account Creation and Access

You affirm that you are at least 13 years of age. If you are younger than 13 years old, you may not use JustWhereThem.

By using JustWhereThem, you represent that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using JustWhereThem with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use JustWhereThem and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.

You agree that a.) when you create your account, you will not provide any false information and you will not impersonate anyone else, and b.) you will not take any action that will disable JustWhereThem or impair its operation.

You may use JustWhereThem solely for its intended purpose, which is to allow people to share their locations with GeoFriends.

You are responsible for keeping your account password secure. If there is any unauthorized use of your account, you agree to notify us immediately.   You will be liable for any unauthorized use of your account or password and any losses to us or others due to such unauthorized use. We will not be liable for any loss or damage arising from any unauthorized use.

2.      Account Termination

If you violate any provision of these Terms, or otherwise create any actual or potential liability for us, we may restrict or terminate your access to JustWhereThem or terminate your account. We will notify you, either by email or the next time you try to access your account, of any such restriction or termination.

You may terminate your account at any time by uninstalling JustWhereThem.

Following account termination you may remove your data from our server by sending an e-mail to justwherethem@gmail.com with the subject ‘Termination of Service’, and the body containing your first and last name, phone number, and the phrase “I, <First Name + Last Name> hereby formally request to have all of the data associated with my record removed from JustWhereThem.”.  Please note that only data associated with your account, not the data of your GeoFriends, will be removed.

The immediately preceding paragraph and Sections 8 through 17 of these Terms will survive account termination.

3.      GeoFriends

We may offer you the opportunity to invite your friends or contacts to use JustWhereThem (if they accept the offer, they will become your “GeoFriends”.). If you choose to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You may be able to edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you do choose to send such invitations, you represent that the recipients of such invitations have consented to receive such messages from you and their other GeoFriends and have agreed to receive administrative messages from JustWhereThem.

4.      Anti-Undermining

Your registration and use of the JustWhereThem app constitutes your acceptance of the terms and conditions set forth in this Agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE SELECT THE "Decline" BUTTON AFTER YOU HAVE COMPLETED YOUR REVIEW OF THIS AGREEMENT.

5.      JustWhereThem Messages

JustWhereThem sometimes causes administrative messages to be sent to individuals that you have designated as GeoFriends. Examples include, reminder texts to one-way GeoFriends on how to download and install JustWhereThem, and various other text messages used for normal JustWhereThem functionality. You agree to receive these messages, and you acknowledge that your phone will use SMS messages as part of normal JustWhereThem operation.

6.      Text Messaging and Mobile Data Charges

We do not charge a fee to use JustWhereThem. However, any text messages sent or received may be subject to standard text messaging charges or monthly quotas. Additionally, any mobile data use by JustWhereThem may be subject to charges from your relevant service provider.  If you have any questions about applicable text messaging or mobile data charges, you should contact your provider.

7.      Directions Provided via Google Maps

JustWhereThem directions are provided via Google Maps. Such directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route.

8.      Third Party Libraries

JustWhereThem incorporates the Google Cloud Messaging, Google Maps Utility, and the Square Picasso libraries, which are all licensed under the Apache License Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0.txt). Third party library content is copyright their respective owners. That license is reproduced in its entirety following these Terms.

9.      DoubleLimit’s Ownership Rights

We retain all right, title, and interest in and to JustWhereThem and all data created by JustWhereThem, and all intellectual property rights in all of the foregoing.  JustWhereThem is protected by copyright and other laws of the United States.

You may not reproduce, publish, transfer, sell, lease, sublicense, distribute, or make derivative works of JustWhereThem or any information contained therein.

JustWhereThem may use any or all of the following information: location data (GPS, network-based, and cell phone tower-based); your phone number, name and photo; contact information that Android provides (email address, postal address, IM username, website address and notes); IP information; and information about your use of JustWhereThem, such as which features are used at which times. You consent to our using, transmitting, and storing this data. In addition, you hereby grant to us a perpetual, royalty-free, non-exclusive, worldwide license, including a right to grant sublicenses, to use, reproduce, display and create derivative works of all such data.

10.  Privacy Policy

The JustWhereThem Privacy Policy [http://www.justwherethem.com/index_tos_and_pp.html] is incorporated into these Terms.

11.  Unsolicited Submissions

If we receive any unsolicited suggestion, idea, proposal or other material (collectively, the “Submission”), we will consider the Submission to be non-confidential and non-proprietary. We shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. We shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the member.

 

If we receive, at our request, a comment or suggestion to improve the JustWhereThem app, site or add a new category or feature (for example, through email, Google Play Store reviews, discussion boards, or otherwise, collectively, the "Submission"), we will consider the Submission to be non-confidential and non-proprietary. We shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. We shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the party who made the Submission.

12.  Your Representations and Warranties

You represent that you reside in the United States of America, or that you reside in another country in which use of JustWhereThem is permitted under applicable law.

You represent that you have the capacity to enter into a valid contract.

If you are using JustWhereThem on behalf of another individual or any entity, you represent that you currently have, and you warrant that so long as you continue to use JustWhereThem you will continue to have, all authority required to use JustWhereThem on behalf of that individual or entity and to bind that individual or entity to these Terms.

You warrant that a.) you have the right to provide any information that you do provide in the course of using JustWhereThem, b.) to the best of your knowledge, all such information is truthful and accurate, and c.) you will not use JustWhereThem in a way that violates any local, state or national law, regulation or order of any court or any intellectual property or other right of any third party.

13.  Indemnity

You will indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including attorneys' fees), or other expenses that arise directly or indirectly out of or from a.) your violation of the Terms; b.) your use of JustWhereThem; (c) your violation of intellectual property rights or any other rights of any third party; or (d) your failure to comply with any law, statute, ordinance, or regulation.

14.  Disclaimer of DoubleLimit Warranties

Your access to and use of JustWhereThem is at your own risk. You understand and agree that JustWhereThem is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of JustWhereThem. We will not be responsible or liable for any harm that results from your access to or use of JustWhereThem. We make no warranty that JustWhereThem will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through JustWhereThem, will create any warranty not expressly made herein.

15.  Limitation of DoubleLimit’s Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE OR GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE JUSTWHERETHEM; (ii) ANY CONDUCT OF OR ANY INFORMATION PROVIDED BY ANYONE OTHER THAN DOUBLELIMIT; AND (iii) ANY INFORMATION OBTAINED FROM JUSTWHERETHEM, WHETHER SUCH DAMAGES ARISE FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

16.  Choice of Law, Jurisdiction and Forum; Time for Filing Cause of Action

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services may be brought solely in the state or federal courts in San Jose, California, and you hereby consent to the exclusive jurisdiction of such courts.

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR JUSTWHERETHEM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Neither you nor we will have the right to participate in a class action, either as a class representative, class member or class opponent; act as a private attorney general; or join or consolidate claims with claims of any other person or involving any other transaction. No court, arbitrator or other forum will have authority to conduct any such class, private attorney general or multiple-party proceeding with respect to any cause of action arising under or relating to these Terms.



17.  Entire Agreement

These Terms are the entire and exclusive agreement between us and you regarding JustWhereThem and all other matters governed by these Terms.

We may revise these Terms from time to time. If any revision is material, we will notify you via JustWhereThem or by other means. By continuing to access or use the Services after any revision becomes effective, you agree to be bound by the revised Terms.

18.  General

You and we are independent contractors. We are not your agent, and you are not our agent.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such, or any other, right or provision.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may assign any of our rights or obligations under the Terms without notice to you.

There are no third-party beneficiaries of these Terms.

We may change JustWhereThem, or limit its availability, from time to time at our sole discretion without prior notice to you.

If you have any questions or comments about these Terms, please contact us at justwherethem@gmail.com.

 

Effective September 20, 2015

 

 

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