Capitalized terms used below have the meanings assigned to them in these terms.
You agree to these terms by either accessing and using the services described herein (even if you do not create an account), or (2) by clicking "I Accept" or "I Agree," or taking a similar action in connection with these Terms. You agree that you have read, understand and accept these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OuR services.
- The Services and the Evidence Collector Platform. This Agreement governs your use of the Evidence Collector mobile application (“App”), any updates to the App, and all information, documentation, code, services, and other content (“Content”) we make available to you through the App (collectively, the App and the Content will be referred to as the “Evidence Collector Platform”). We may, from time-to-time and in our discretion, modify these terms by providing notice to you via email, SMS, or other notification, or by posting those terms on our web site (www.evidencecollector.com), which will become part of this Agreement upon such notification or posting. You are responsible for checking the Site for new or updated terms. If you do not agree to this Agreement, do not use the App or the Content.
- No Other Parties. The parties agree that Apple, Inc. (“Distributor”) is not a party to this Agreement, and that Voice Products and its affiliates are solely responsible for the App and the Content. Distributor does not:
- Have any obligation under these Terms to furnish you with maintenance or support in connection with your use of the App.
- Extend to you any express or implied warranty, or have any obligation to you for any claims, losses, liabilities, damages, costs, or expenses due to any claim that this App does not conform to any warranty.
- Have any obligation to address any claim relating to the App or your use or possession of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Have any responsibility for the investigation, defense, settlement and discharge of any intellectual property infringement claim related to the App.
- License Grant. We grant you a limited, non-exclusive and nontransferable license, during the term of this Agreement, to download, install, and use the App on an Apple-branded mobile device you own or control, subject to the usage rules and terms of services required by Apple and such terms and conditions as we may from time to time require, solely for the purpose of collecting audiovisual and other information in connection with the submission or processing of an insurance claim pursuant to a policy of insurance under which you are an insured. You may use the App for no other purpose. By using the Evidence Collector Platform, you represent and warrant that you will not use the Evidence Collector Platform or any information obtained through or in connection with your use of the Evidence Collector Platform in any way to compete with Voice Products, including to develop a solution, service, application, or information that competes with or provides an alternative to Voice Products or the Evidence Collector Platform. If you do not agree with these restrictions, uninstall the App and do not use it. There are no implied licenses to the App or the Content. All rights not expressly granted by this Agreement are hereby reserved by Voice Products.
- Who Can Use the Services. You must be at least 18 years old to use the Services. If you are at least 13, but are not yet 18, you may use the Services only with the supervision and consent of your parent or legal guardian. If you are 12 or younger, you may not use the Evidence Collector Platform and may not submit any personal information to us, such as your name, address or contact information. By creating an account, accepting these Terms or using the Evidence Collector Platform, you represent and warrant to us that you are at least 18 years of age and have reviewed and consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Evidence Collector Platform. If you are a parent or guardian agreeing to the Terms for the benefit of anyone under the age of 18, you represent and warrant that you have reviewed and now consent to the Terms and accept full responsibility for that child's use of the Evidence Collector Platform, including all financial charges and legal liability that the child may incur in connection with the use of the Evidence Collector Platform.
- Creating an Account to Use the Evidence Collector Platform. The Evidence Collector Platform will not work unless you create an account. If you do not create an account, you will not be able to use the Evidence Collector Platform.
- Advertising and Offers. If you chose to allow it when creating your account, we may use the App to present you with targeted advertisements or interest-based offers based on your activities in the App or the information you provide to us. None of your personal identifying information will be shared with any third-party advertisers. Those advertisements or offers may contain links to third-party websites over which we have no control, and for whose practices and policies we are not responsible for. You must read the policies of any third-party website that you visit through one of the advertisements we present to you. You can opt out of receiving targeted advertisements or interest-based offers at any time by changing your account settings.
- Your Account Information. You must provide us with accurate and complete information required by the account registration process. You must keep that information up to date. We may not be able to provide you with important updates and notices if you do not keep your information current.
- Access to Your Account. If you create an account, you are responsible for maintaining the confidentiality of all actions that take place while using your account. Notify us immediately if you suspect someone has made unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge. If you forget your password, follow the prompts on the log in feature to create a new password.
- Changes to the Evidence Collector Platform. We may change the App or the Content at any time without notice to you. We may also impose limits on certain services or restrict your access to part or all of the Evidence Collector Platform without notice or liability. We may also from time to time, as we see fit, develop and provide updates for the App ("Updates"). The App or the Content may not properly operate if you do not install all Updates. These Updates may include updated versions of our software and other applications, which may automatically update the versions used on your devices. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Evidence Collector Platform. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.
- Our Right to Suspend and Monitor Use of the Services. We may change, suspend, or discontinue any or all of the Services at any time. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services.
- Electronic Communications. By creating an account, you agree to receive communications from us, including via e-mail, texts, mobile push notifications, or notices and messages on the Evidence Collector Platform. Communications from us may include but are not limited to: operational communications concerning your account or use of the Evidence Collector Platform, updates concerning Updates or new services, communications concerning promotions run by us or our third- party partners, and news concerning Evidence Collector and industry developments. You may opt out of receiving promotional emails by following the unsubscribe options in the promotional email itself, or by adjusting your settings in your account, if such features are available. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Mobile Communications. By downloading or using our application, you expressly agree that we may communicate with you regarding activities in connection with the Evidence Collector Platform. You also agree that we may respond to your communications to us through the Evidence Collector Platform by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us. Your phone company's normal messaging, data, and other rates and fees will still apply.
- App Permissions. When you use the Evidence Collector Platform you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
- Mobile Services. To use or access the Evidence Collector Platform, you will need a compatible device. We cannot guarantee that the applications will be compatible with, or available on, your device. You may need to pay some fees to use some or all of the Evidence Collector Platform. Also, your phone company's normal messaging, data, and other rates and fees will still apply.
- Acceptable Use. You agree that you will use the Evidence Collector Platform only in a manner that complies with and does not violate any local, state, or national law, rule or regulation. You agree that you will not use the Evidence Collector Platform in any way that:
- harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- is harmful, unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of any other person's privacy, obscene, pornographic, offensive, or exploits a minor in any way;
- solicits any personal information from any person who is a minor;
- includes personal or identifying information about another person without that person's explicit consent;
- impersonates any person, organization, association or any other entity, or falsely states or otherwise misrepresents your affiliation with another person or entity;
- is false, deceptive, misleading, deceitful, or in any way misrepresents the truth of any matter;
- constitutes or encourages the commission of any criminal offense, or that provides instructional information about any illegal activity, including but not limited to making weapons, explosives, drugs, or computer viruses;
- constitutes conduct that would give rise to civil liability or otherwise violate any law;
- violates, plagiarizes, or infringes our rights or the rights of third parties, including but not limited to copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- violates any law or contractual relationship to which you are subject;
- transmits software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment;
- restricts or inhibits any other user from accessing or using the Evidence Collector Platform, whether by damaging, disabling, overburdening, impairing, or interfering with the functionality or quality of the Evidence Collector Platform in any manner;
- uses any robot, spider, crawler, scraper or other automated means not expressly authorized by us to access the Evidence Collector Platform;
- circumvents or attempts to circumvent any measure designed to protect the Evidence Collector Platform, or third parties; or
- exports or otherwise transmits the Evidence Collector Platform outside of the United States.
If we determine in our discretion that you have violated these terms, then, in addition to any other remedy we may have at law or equity, we may suspend your access to the Evidence Collector Platform without notice.
- Our Right to Modify these Terms. We may modify these Terms at any time by providing to you a modified copy of these Terms by email or by posting the modified Terms on the Evidence Collector Platform. The modified Terms will be effective when provided to you, unless we specify a later date. If you do not agree to the modified Terms, your only option is to stop using the Evidence Collector Platform or the Services after the effective date of the modified Terms. Your continued use of the Evidence Collector Platform or the Services after the effective date of the modified Terms will be your affirmative agreement to the modified Terms. We may modify any information referenced in the hyperlinks from these Terms from time to time, and such modifications will become effective upon posting, unless a later date is specified. Continued use of the Evidence Collector Platform or Services after the effective date of any such changes shall constitute your consent to the changes. These Terms may only be modified as provided in this Section.
- Our Right to Suspend Your Account. We reserve the right to indefinitely suspend your account in our sole discretion without notice, although we will endeavor to provide notice to you. During any suspension of your account, you may not have access to the Services.
- Terminating your Account. You may terminate your account at any time using the features that we provide for that purpose through the Evidence Collector Platform. We reserve the right to terminate your account for any reason, effective at any time upon providing written notice to you. Upon termination you may lose your ability to access your account and some or all of the Evidence Collector Platform and the data available therein. After any termination of your account, we have no obligation to maintain any information stored in or related to your account. We reserve the right to permanently erase all of the data stored in your account or provided to us through your account at any time after your account is terminated.
- The following disclaimers are made on behalf of Voice Products, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and owners, to the fullest extent permitted by applicable law: The Evidence Collector Platform is provided on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Evidence Collector Platform, including the ability to provide or receive services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the Evidence Collector Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements or the requirements of any third party, that any defects in the Evidence Collector Platform will be corrected, or that the Evidence Collector Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, interoperability with any system, connectivity or availability of the Evidence Collector Platform. We expressly disclaim all liability arising from the unauthorized use of your account. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to notify us immediately. We disclaim all liability for, and make no representations or warranties, with respect to your purchases from Vendors.
21. Limitation of Liability. IN NO EVENT WILL VOICE PRODUCTS, INCLUDING OUR AFFILIATES, SUBSIDIARIES, owners, PARENT companies, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS (COLLECTIVELY "VOICE PRODUCTS" FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE Evidence Collector Platform or services, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE Evidence Collector Platform, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. some JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. Intellectual Property. All intellectual property rights in the Evidence Collector Platform are owned by Voice Products absolutely and in their entirety, or by other parties we have licensed the intellectual property from. These rights include and are not limited to database rights, copyrights, design rights (whether registered or unregistered), trademarks and service marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of those rights. You acknowledge and agree that the Evidence Collector Platform, any necessary software used in connection with the Evidence Collector Platform (if any), and the content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Evidence Collector Platform, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Evidence Collector Platform to anyone else.
23. General Terms. These Terms shall be governed by the laws of the State of Kansas without regard to conflict of law principles. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of these Terms. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms. You agree that these Terms and all incorporated agreements may be automatically assigned by us, in our sole discretion by providing notice to you. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If we fail to act or exercise our rights in response to a breach by you or any other user, that will not constitute a waiver of our right to act with respect to subsequent or similar breaches. Any waiver we make will only be effective if in writing and executed by an authorized representative of Voice Products, and only for the specific circumstance identified. These Terms contain the entire understanding and agreement between you and Voice Products with respect to the subject matter of these Terms, and supersede all previous written or verbal understandings and agreements between the parties.
- Mandatory Arbitration, Venue, Limitation of Remedies and Damages. IMPORTANT: READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, AND REQUIRES YOU TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION.
You agree that any dispute between you and Voice Products must be resolved in an individual arbitration, and not as a class arbitration, class action, or any other representative proceeding.
You agree that all aspects of any arbitration proceedings will be kept confidential, including all information exchanged, collected, or presented during the arbitration.
So that you and Evidence Collector may seek an informal solution to any dispute, you agree that before instituting a formal arbitration proceeding, you will provide Evidence Collector with notice of your claim. Such notice shall be sent by certified mail to 8555 E 32nd St N, Wichita, KS 67226 and must include your name, address, email address, and phone number; a detailed description of your claim, including the legal and factual basis of the claim; and a description of the specific relief you seek in connection with your claim. Voice Products shall have 60 days from the date of mailing to respond, after which either party may commence an arbitration proceeding.
The provisions of this section shall survive termination of your account, these terms, or any other termination of our relationship with you.
25. Notices. Except as explicitly stated otherwise, any notices to us shall be submitted through the "contact" feature provided through your account. All notices to you shall be provided to you through the Evidence Collector Platform or given to you via the email address you provide to us during the registration process, or otherwise provide to us through the account features we provide to you for that purpose.