WithYou



Assure Technologies Terms of Use

Effective November 8, 2014

(Updated May 19, 2016 to add WithU and WithYou)


Table of Contents

Definitions and Acceptance of Terms
General Terms
Mobile Services Additional Terms
Changes to these Terms of Use
Charges
Links to Third Party Sites
Use of the Assure Technologies Services
Content Provided to Assure Technologies
Copyright and Intellectual Property Policy
Disclaimers and Limitation of Liability
Indemnification
Termination/Access Restriction
Copyright and Trademark Notices
Privacy
Notices
Terms Required by Apple Corporation
Miscellaneous
Contact Information


Definitions and Acceptance of Terms

These Terms of Use are a legal agreement between Assure Technologies, Inc. (“Assure Technologies”) and you and govern your access and use of the Assure Technologies websites (including, without limitation, assure-technologies.com, withmeweb.com, and withuweb.com ) (“Assure Technologies Websites”) and the Assure Technologies mobile applications (including, without limitation, WithMe, WithU, and WithYou) and related services (collectively with the Assure Technologies Websites, the “Assure Technologies Services”).

BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING ANY OF THE ASSURE TECHNOLOGIES SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

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General Terms

You must be at least 13 years old to use the Assure Technologies Services or Assure Technologies Websites.

For purposes of these Terms of Use, the words “you”, “your” or other like terms shall refer to the party agreeing to these Terms of Use and to any person or entity who uses the Assure Technologies Services. Accordingly, the person agreeing to these Terms of Use represents and warrants for himself or herself, and on behalf of any third party he or she purports to act for and any person or entity that uses the Assure Technologies Services, that he or she is duly authorized on his or her own behalf and on behalf of any such third party to enter into these Terms of Use and to comply with these Terms of Use.

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Mobile Services Additional Terms

Assure Technologies offers lifestyle solutions for mobile phones, and standard-rated text messages are part of the Assure Technologies Services. For example, text messages may be sent to verify a users phone number. Messaging and data rates may apply depending on the terms of your individual mobile service plan. Major supported U.S. carriers include AT&T, Sprint, T-Mobile, and Verizon Wireless.

To subscribe to the Assure Technologies Services, you can download WithMe from various app stores and follow setup instructions inside the app, or go to Assure-Technologies.com for more information. To cancel a free subscription, remove the app from the phone. You can view our privacy policy here: www.withUweb.com/privacy.php

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Changes to these Terms of Use

Assure Technologies reserves the right to change these Terms of Use at any time, including but not limited to changing the charges associated with the use of the Assure Technologies Services. Assure Technologies will give you notice of such changes by posting the revised Terms of Use at www.withUweb.com/terms.php. It is your responsibility to ensure that you are aware of the then current Assure Technologies Terms of Use at all times when you use the Assure Technologies Services. If we make any changes to these Terms of Use, we will change the “effective” date above. By continuing to use the Assure Technologies Services, you agree to the revised Terms of Use.

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Charges

When you register for the Assure Technologies Services, you will be given an opportunity to select the specific services you desire from our service offerings (for example WithMe Daily Check-In). Subject to the Mobile Services Additional Terms above, certain service offerings included in the Assure Technologies Services may be used without charge from Assure Technologies whereas other services will be offered at premium charges. If premium charges apply to the specific service offerings you have selected, the charges, payment interval and other payment related information associated with the selected service offerings will be disclosed to you at the time you register for the Assure Technologies Services and choose your desired service offerings.

If you select services for which premium charges apply, you will be required to provide us with your iTunes/Apple ID and password, credit card or PayPal account information to enable Assure Technologies to automatically (either monthly, annually or at other agreed upon intervals) charge your iTunes account, credit card or PayPal account the premium charges, if any, associated with the specific services you have selected. These charges will be applied to your iTunes account, credit card or PayPal account in advance of the period in which the services are to be provided or made available to you. So for example, if the service offerings you select have a monthly billing cycle, we will charge your iTunes account, credit card or PayPal account at the beginning of the applicable month for the entire month. If the service offerings you select have a yearly billing schedule, we will charge your iTunes account, credit card or PayPal account at the beginning of the applicable year for the entire year.

If Assure Technologies decides to cancel a service offering for which you have prepaid, unless such cancellation is as a result of your breach of these Terms of Use, Assure Technologies shall, in its sole discretion, refund the portion of the services which is unused or credit your account for the use of other service offerings. However, no prepaid charges shall be refundable to you should you terminate or cancel your account with Assure Technologies.

By registering for the Assure Technologies Services and agreeing to these Terms of Use, you hereby authorize Assure Technologies to charge your iTunes account, credit card or PayPal account on file with us for the premium charges associated with the service offerings you have selected and at the times and intervals agreed to when you selected such service offerings.

You agree to maintain the accuracy, completeness and effectiveness of your billing information (including without limitation ensuring an active iTunes account, credit card or PayPal account with sufficient credit to make payments of all amounts due is authorized and included in the billing information) and to immediately make appropriate changes to your account upon any changes to such iTunes account, credit card, PayPal account or other billing information. Should you fail to do so, Assure Technologies shall have the right to immediately terminate or cancel your access to the Assure Technologies Services without notice to you and shall have no liability to you or any third party for doing so.

Assure Technologies is committed to making all rates and charges visible and predictable to you. You acknowledge and accept however, that Assure Technologies may change the charges associated with your use of the Assure Technologies Services and that, dependent on your mobile service plan, your mobile network service provider may charge you additional fees for the use of the Assure Technologies Services.

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Links to Third Party Sites

The Assure Technologies Services may contain links to other websites and mobile services (“Linked Sites” and “Linked Services”). The Linked Sites and Linked Services are not under the control of Assure Technologies and Assure Technologies is not responsible for the contents of any Linked Site or the operation of any Linked Service, including without limitation any link contained in a Linked Service or on a Linked Site, or any changes or updates to a Linked Site or Linked Service. Assure Technologies is not responsible for either the quality or character of any form of transmission received from any Linked Site or Linked Service. Assure Technologies provides links to Linked Sites and Linked Services solely as a convenience, and accordingly your access to or use of a Linked Site or Linked Service is at your sole risk. The inclusion of any link on the Assure Technologies Services to a Linked Site or Linked Service does not imply endorsement by Assure Technologies of the Linked Site or Linked Service or any association with its owners or operators. You should always read the privacy policy of a third-party website before providing any information to the website.

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Use of the Assure Technologies Services

As a condition of your use of the Assure Technologies Services, you warrant to Assure Technologies that you will not use the Assure Technologies Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Assure Technologies Services in any manner which could damage, disable, overburden, or impair the Assure Technologies Services or interfere with any other party’s use and enjoyment of the Assure Technologies Services or Assure Technologies Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Assure Technologies Services or Assure Technologies Websites.

The Assure Technologies Services may contain Voice-over-IP based communications, SMS based communications, data sync service, application download services, chat support services, positioning services through GPS or triangulation technology, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Assure Technologies, other users of the Assure Technologies Services, or the public at large (collectively, “Communication Services”.) You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Assure Technologies Services. You agree that you shall NOT:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Locate another user through our location services without their consent, unless the other user is a minor of whom you are a parent or legal guardian or a third party administrator authorized by a parent or legal guardian to locate through our location services
  • Locate another user through our location services if applicable laws do not permit you to locate digitally even after consent has been granted.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, sweepstakes, contests, promotions, pyramid schemes or chain letters.
  • Use the Assure Technologies Services or the Communication Services for any purpose other than personal lifestyle purposes. The Assure Technologies Services may not be sold, rented or otherwise commercialized with third parties.
  • Register for more than one account or register for an account on behalf of an individual other than yourself or your child.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Remove, alter, obscure, destroy, or attempt to circumvent any notices, proprietary marks or codes, means of identification, digital rights management tools or information included in or related to the Assure Technologies Services.
  • Reverse engineer, disassemble, decompile, convert into human-readable format, or otherwise attempt to derive the source code of any software included in or related to the Assure Technologies Services.
  • Copy any ideas, features, functions or graphics included in or related to the Assure Technologies Services.

Assure Technologies will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Assure Technologies may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. Assure Technologies has no obligation to monitor the Communication Services. However, Assure Technologies reserves the right to review the use of and/or materials posted to a Communication Service and to remove any materials in its sole discretion at any time. Assure Technologies reserves the right to suspend or terminate your access to the Assure Technologies Services or any or all of the Communication Services at any time without notice for any reason whatsoever.

Assure Technologies reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Assure Technologies’ sole discretion.

Assure Technologies takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. Assure Technologies makes no representations or warranties as to the interoperability of the Assure Technologies Services with any network or servers. You acknowledge that Assure Technologies shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the Assure Technologies Services to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the Assure Technologies Services.

You acknowledge and recognize that the Assure Technologies Services is a self-help service provided through applications, mobile networks, and the internet, and that Assure Technologies does not always control or endorse the involvement of its users in the Assure Technologies Services, including who is a user, therefore, Assure Technologies specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Assure Technologies Services users are not authorized Assure Technologies spokespersons, and their views do not necessarily reflect those of Assure Technologies.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

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Content Provided to Assure Technologies

Assure Technologies does not claim ownership of the materials you provide to Assure Technologies or post, upload, input or submit to the Assure Technologies Services (including pictures, personal details, feedback and suggestions) (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Assure Technologies, its affiliated companies and necessary sublicensees a worldwide, royalty free, transferable, perpetual right and license to use your Submission in connection with the operation of Assure Technologies’s and its affiliates’ businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid to you with respect to the use of your Submission, as provided herein. Assure Technologies is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Assure Technologies’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to Assure Technologies the rights and licenses set forth above. You agree that you shall defend, indemnify and hold harmless Assure Technologies and its affiliates, officers, directors, employees and agents from and against any and all third party claims (and any and all resulting losses, damages, liabilities, costs and expenses) alleging that your Submission or Assure Technologies’ use of your Submission in accordance with the rights and licenses granted above violates, infringes or misappropriates the rights of any third party or violates applicable law.

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Copyright and Intellectual Property Policy


Notice of Copyright or Intellectual Property Infringement.

We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Assure Technologies Services has infringed your intellectual property rights, pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA).

To be effective the notification must include:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit Assure Technologies to locate the material on the Assure Technologies Services;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Assure Technologies Services without liability.


Counter-Notice by Accused User.

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below.

That written communication must include the following:

  • your physical or electronic signature;
  • identification of 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;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the Federal District Court for the Northern District of California, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Please send all notices under the above copyright infringement policies by email to the following individual, designated as Assure Technologies’ agent for receipt of notifications of claimed infringement:

Assure Technologies
Attn: Copyright
To: Joe Rigney
Email: support@withmeweb.com


Repeat Infringers.

Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

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Disclaimers and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASSURE TECHNOLOGIES SERVICES AND ASSURE TECHNOLOGIES WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. ASSURE TECHNOLOGIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ASSURE TECHNOLOGIES SERVICES AND ASSURE TECHNOLOGIES WEBSITES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ERRORS, BUGS, VIRUSES, AND/OR MECHANISMS WHICH MAY DISABLE, DAMAGE OR INTERFERE WITH COMPUTER SYSTEMS OR NETWORKS.

YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ASSURE TECHNOLOGIES SERVICES AND ASSURE TECHNOLOGIES WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND THAT ASSURE TECHNOLOGIES SHALL HAVE NO LIABILITY FOR SUCH ERRORS. YOU ACKNOWLEDGE AND AGREE THAT ASSURE TECHNOLOGIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ASSURE TECHNOLOGIES SERVICES AND ON THE ASSURE TECHNOLOGIES WEBSITES AT ANY TIME WITHOUT NOICE OR LIABILITY TO YOU. INFORMATION YOU MAY RECEIVE VIA THE ASSURE TECHNOLOGIES SERVICES OR ASSURE TECHNOLOGIES WEBSITES MAY NOT BE RELIED UPON BY YOU FOR PERSONAL, SECURITY, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE ASSURE TECHNOLOGIES SERVICES OR ASSURE TECHNOLOGIES WEBSITES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASSURE TECHNOLOGIES OR THROUGH THE ASSURE TECHNOLOGIES SERVICES OR ASSURE TECHNOLOGIES WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

THE ASSURE TECHNOLOGIES SERVICES ARE PROVIDED TO HELP WITH PERSONAL LIFESTYLE, BUT YOU SHOULD ALWAYS USE COMMON SENSE AND SEEK HELP WHEN IT IS NEEDED. ASSURE TECHNOLOGIES CANNOT AND DOES NOT GUARANTEE THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS OR POLICIES. YOU SHOULD VERIFY THAT APPROPRIATE EMERGENCY PERSONNEL HAVE BEEN CONTACTED AND HAVE ALL INFORMATION NEEDED TO RESPOND TO THE EMERGENCY.

ASSURE TECHNOLOGIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE ASSURE TECHNOLOGIES SERVICES OR THE ASSURE TECHNOLOGIES WEBSITES FOR ANY PURPOSE OR THE AVAILABILITY OF ANY NETWORKS OR COMMUNICATIONS LINES OR FUNCTIONING OF ANY MOBILE PHONE OR DEVICE NECESSARY FOR THE ASSURE TECHNOLOGIES SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASSURE TECHNOLOGIES AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) BE LIABLE (i) FOR DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU TO ASSURE TECHNOLOGIES IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLIAM, OR (ii) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ASSURE TECHNOLOGIES SERVICES, WITH THE DELAY OR INABILITY TO USE THE ASSURE TECHNOLOGIES SERVICES, ASSURE TECHNOLOGIES WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ASSURE TECHNOLOGIES SERVICES OR ASSURE TECHNOLOGIES WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE ASSURE TECHNOLOGIES SERVICES OR ASSURE TECHNOLOGIES WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASSURE TECHNOLOGIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. To the extent Assure Technologies may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Assure Technologies’ liability will be the minimum permitted under such law.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ASSURE TECHNOLOGIES SERVICES OR ASSURE TECHNOLOGIES WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ASSURE TECHNOLOGIES SERVICES AND ASSURE TECHNOLOGIES WEBSITES.

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Indemnification

You agree to indemnify and defend Assure Technologies and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including Submissions) that you or anyone using your account submit, post, or transmit through the Assure Technologies Services or Assure Technologies Websites; (b) the use of the Assure Technologies Services or Assure Technologies Websites by you or anyone using your account; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Assure Technologies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

If we do assume the defense of such a matter, you will reasonably cooperate with Assure Technologies in such defense.

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Termination/Access Restriction

Assure Technologies reserves the right, in its sole discretion, to terminate your access to the Assure Technologies Services and Assure Technologies Websites and the related services or any portion thereof at any time, without notice.

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Copyright and Trademark Notices

Other than Submissions belonging to users, we own or license the content on the Assure Technologies Services and Assure Technologies Websites, including software, text, visual and audio content (referred to together as &ldquoContent&rdquo) and Assure Technologies’ trademarks, logos, and brand elements (referred to as &ldquoMarks&rdquo). The Content and Marks are protected under U.S. and international laws.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

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Privacy

Assure Technologies respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you.

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Notices

You agree that, with respect any written notice we are required or permitted to give you in connection with these Terms of Use, such notice shall be deemed effectively given immediately upon electronic transmission of such notice to you at the email address set forth in your account information.

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Terms Required by Apple Corporation

The following terms are required by the Apple Corporation (“Apple”)

1. Acknowledgement: You and Assure Technologies acknowledge that the Terms of Service is concluded between You and Assure Technologies only, and not with Apple, and Assure Technologies, not Apple, is solely responsible for the Licensed Application and the content thereof.

2. Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

3. Maintenance and Support: Assure Technologies is solely responsible for providing any maintenance and support services with respect to the Service, as specified in these Terms of Service, or as required under applicable law. You and Assure Technologies acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

4. Warranty: Assure Technologies is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Service to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Assure Technologies sole responsibility.

5. Product Claims: You and Assure Technologies acknowledge that Assure Technologies, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. Intellectual Property Rights: You and Assure Technologies acknowledge that, in the event of any third party claim that the Service or Your possession and use of that Service infringes that third party”s intellectual property rights, Assure Technologies, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim as outlined in these Terms of Service.

7. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

8. Third Party Beneficiary: You and Assure Technologies acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Service, and that, upon your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against the end-user as a third party beneficiary thereof.

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Miscellaneous

These Terms of Use shall be governed by the laws of the State of California without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal Courts located in Santa Cruz County, California in all disputes arising out of or relating to the use of the Assure Technologies Services or these Terms of Use and you hereby waive any right to claim that such courts constitute and inconvenient forum for such disputes. Use of the Assure Technologies Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Assure Technologies as a result of these Terms of Use or your use of the Assure Technologies Services. Assure Technologies’ performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Assure Technologies’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Assure Technologies Services or information provided to or gathered by Assure Technologies with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Assure Technologies with respect to the Assure Technologies Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Assure Technologies with respect to the Assure Technologies Services.

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Contact Information

Assure Technologies can be contacted at:
Assure Technologies, Inc
252 First Ave
Santa Cruz, CA 95062
(831)296-2377
support@withme.zendesk.com

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Please print a copy of these TERMS OF USE for your records and please check the Site frequently for any changes to these TERMS OF USE.

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