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Pocket Geek℠ Terms of Service

Terms of Service

Effective September 16, 2016

Usage Overview

The Pocket Geek℠ Service (the “Service”) provides troubleshooting for and information on how to repair common problems that occur in mobile devices that qualify for the Service, in part through the use of a mobile application that can detect common problems (“App”) and an internet-based portal (“Web Portal”).

Before using the Service, carefully read the following Terms of Service. By registering a mobile device, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including any future modifications to these Terms of Service (collectively, the "Agreement").

The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, then you agree to review these Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to the terms of this Agreement and you agree to have your parent or guardian review and accept this Agreement on your behalf through Our registration process. If you are a parent or guardian entering into this Agreement for the benefit of a child over 13 years, then you agree to and accept full responsibility for that child's use of the Service, including all financial charges and legal liability that he or she may incur.

Important Disclaimers

The Service should not be used or relied on as an emergency locator system, used while driving or operating vehicles, used in connection with any hazardous environments requiring fail-safe performance, or used in any other circumstances in which the failure or inaccuracy of that application or the Service could lead directly to death, personal injury, or severe physical or property damage.

You acknowledge and agree that We have offered the Service, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that (i) the warranty disclaimers and the limitations of liability set forth in this Agreement reflect a reasonable and fair allocation of risk between you and Us, (ii) the warranty disclaimers and the limitations of liability set forth in this Agreement form an essential basis of the agreement between you and Us, and (iii) We would not be able to provide the Service to you on an economically reasonable basis without these limitations and disclaimers.

Scope of Service

During the term and subject to the terms of this Agreement, you may use the Service in connection with one mobile device owned or leased by you that you register with Us (“Registered Device”). To use the Service, you must have a mobile device that is compatible with the Service. We do not warrant that the Service will be compatible with your mobile device. Privacy Notice and Guidelines to Service

Privacy Notice and Guidelines to Service

Please read the Pocket Geek℠ Privacy Notice, (located at my.pocketgeek.com/privacy, and hereby incorporated by reference) carefully for disclosures relating to the collection, use, and disclosure of your personal information.

Modification to This Agreement

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of the Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted.

Ownership and Proprietary Rights

The content, visual interfaces, information, graphics, design, compilation, software (including, but not limited to, the App and Web Portal), and all other elements of the Service (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All Materials are Our property, or the property of Our affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed through the Service are proprietary to Us, Our affiliated companies and/or third- party licensors. Except as expressly authorized by Us in the End User License section below, you agree not to sell, license, copy, modify, alter, reverse engineer, disassemble, decompile, translate, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You agree not to disclose, publicly perform or display, transmit, publish, distribute or provide the Materials to any other party.

Account Information

The Service is not available to persons under the age of 13 or to any users suspended or removed from the Service by Us. You agree that the information you provide to Us upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.

Password

When you register as a member, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times and follow industry best practices for protecting your account.

YOU MUST NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL.

We reserve the right to suspend your account and/or require you to alter your password if We believe for any reason that your password is no longer secure.

YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.

Electronic Communications

You agree that all Communications between You and Us will be conducted electronically. We may provide Communications to You by one or more of the following methods: (1) via e-mail; (2) on the App or Web Portal; (3) via text message or mobile message service; or (4) any other method to the extent permissible by law. With respect to text message and mobile messaging service communications, your carrier may charge you a fee for receiving the message. “Communications” means all notices, reports, documents, disclosures or other information that We are required to provide to You by law, or as reasonably necessary to provide the Service.

It is Your responsibility to provide Us with accurate contact information, including but not limited to a valid e-mail address. You must promptly advise us of any changes in your contact information. You can update Your contact information through the App. To view any Communication, you will need a device with Internet access and print or storage capability.

Payment Terms, Cancellation, and Refund Policy

Fees, if any, to be charged to you for your use of the Service, are disclosed when you register a device. You agree to pay any fees due for and incurred by your use of the Service. The fees for your use of the Service may be managed by your mobile operator. If so, please refer to your mobile operator’s billing statement for charges related to the Service, and contact your provider directly with any questions or comments related to these fees.

You may be offered a no-charge trial period before any charges are incurred. If you choose to cancel during the trial period you will not be charged. If you wish to discontinue using the Service after a trial period, you may cancel your subscription at any time.

Once you cancel you will not be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 13th of every month, and you cancel on the 22nd, you will still have to pay for the current month, but you will not be charged again after that. In order to treat everyone equally, no exceptions will be made. Please keep in mind, a cancellation by you will not generate a refund -- it will only stop future charges.

Usage Rules and Prohibited Conduct

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

  1. use the Services or any location information displayed within the Services to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about others;
  2. use the Service if you are under the age of 13 years old;
  3. use the Service for any commercial or non-private use without Our written consent, it being understood that the Service is intended for individual, non-commercial use only;
  4. fail to deliver payment for the Service;
  5. use the Service for any illegal purpose, or in violation of any local, state or national law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  6. include offensive or pornographic materials in your in any transmission by or through the Services;
  7. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  8. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  9. use the Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
  10. use the Services in connection with hazardous environments requiring fail- safe performance or any application in which the failure or inaccuracy of that application or the Services could lead directly to death, personal injury, or severe physical or property damage.
  11. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  12. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of other Users;
  13. share passwords or access to your mobile device while the Services are running and accessible with any third party or encourage any other user to do so;
  14. misrepresent the source, identity or content of information transmitted via the Services;
  15. remove, circumvent, disable, damage, reverse engineer, or otherwise interfere with security-related features of the Service, digital rights management technologies that are integrated in the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service;
  16. intentionally interfere with or damage operation of the Service or any user's enjoyment of the Service, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  17. attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  18. use any robot, spider, scraper or other automated means to access the Service for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Service or modify the Service in any manner or form, nor to use modified versions of the Service, including without limitation for the purpose of obtaining unauthorized access to the Service; or
  19. sell or transfer or allow another person to access your account password, profile, or account.

Refusal and Suspension of Service

We reserve the right, but have no obligation, to have our systems monitor any user's registration or invite-a-friend attempts as well as any user's use of or access to the location information and profiles of other users. Accordingly, We also reserve the right to disable any user's use of or access to the Services and the location information or profiles of other users, for any reason and without any notice. We reserve the right to suspend your access to the Service for any reason and without any notice.

User Submissions

The Services may allow the submission of content and materials (such as pictures, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Us to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this Agreement; and (iii) you agree not to make any User Submissions that (x) are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (y) are pornographic or obscene, or that harasses, degrades, intimidates or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that impersonates any person or entity, including, but not limited to, an officer, director, employee, or agent of Us or Our business associates; or (z) includes personal or identifying information about another person without that person's explicit consent. For clarity, you shall retain all of your ownership rights in your User Submissions. We assume no responsibility whatsoever in connection with or arising from User Submissions. We assume no responsibility for actively monitoring User Submissions for inappropriate content. If at any time We choose, in Our sole discretion, to monitor User Submissions, We nonetheless assume no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, We do not endorse and have no control over the content of User Submissions submitted by other Users. We make no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, We reserve the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

Third-Party Sites, Products, and Services

The Service may include links to other web sites or services solely as a convenience to users. We do not endorse any such linked sites or the information, material, products or services contained on or accessible through other linked sites. Furthermore, We make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

End User Licenses

  1. License Grant. We hereby grant you a non-exclusive, non-transferable, revocable license to (i) access the Web Portal using the account issued to you and (ii) download, install and use the App to access the Service for the Registered Device. We also hereby grant you a non-exclusive, non-transferable, revocable license to copy and use in connection with your personal use of the Service the Materials (other than the Web Portal or App).
  2. Restrictions. You may not:
    1. modify, disassemble, decompile or reverse engineer the App or Web Portal, except to the extent that such restriction is expressly prohibited by law;
    2. rent, lease, loan, resell, sublicense, distribute or otherwise
    3. transfer the Materials to any third-party;
    4. make any copies of the Materials;
    5. remove, circumvent, disable, damage or otherwise interfere with security- related features of the App or Web Portal, features that prevent or restrict use or copying of any content accessible through the App or Web Portal, or features that enforce limitations on use of the App or Web Portal; or
    6. delete the copyright and other proprietary rights notices on the Materials.
  3. Software Upgrades. You acknowledge that We may from time to time issue upgraded versions of the App and that it may be necessary to use the most current version of the App to use the Service.
  4. Open Source. With respect to any open source or third-party code that may be incorporated in the Service, such open source code is covered by the applicable open source or third-party license EULA(s), attached as Exhibit 1 hereto if any, authorizing use of such code.
  5. Rights Reserved. The foregoing license grants under this Agreement are not a sale of the Materials or any copy thereof and We and Our third-party licensors retain all right, title, and interest in the Materials. Any attempt by you to transfer any of the rights, duties or obligations hereunder, is void. We reserve all rights not expressly granted under this Agreement.
  6. Government End Users. If the Service is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Materials, including without limitation the Web Portal and App, by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
  7. Export Control. The App is subject to United States export laws and regulations and may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App.

Violations and Termination

You agree that We, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) for the Service and remove and discard all or any part of your account at any time. You agree that any termination of your access to the Service or any portion thereof may be effected without prior notice, and you agree that We will not be liable to you or any third- party for any such termination. These remedies are in addition to any other remedies We may have at law or in equity.

Indemnification and Disclaimer of Warranties

You agree to indemnify and hold Us, Our affiliates and licensors, and Our or their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third-party claims relating to your use of the Service, any violation of the Agreement, or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, We will provide notice of the claim, suit or action to the contact information We have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE AND MATERIALS IS AT YOUR SOLE RISK. THE SERVICE AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) WE DO NOT WARRANT THAT (i) THE SERVICE OR MATERIALS WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SERVICE OR MATERIALS WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability and Damages

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COVERED ENTITIES AND PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) COVER, OR (iii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE OR MATERIALS; (2) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (5) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; (6) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; OR (7) ANY OTHER MATTER RELATING TO THE SERVICE OR MATERIALS.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE COVERED ENTITIES AND PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE AND MATERIALS, WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Digital Millennium Copyright Act Compliance

Digital Millennium Copyright Act Compliance. It is Our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, We will promptly terminate without notice the accounts of Users that are determined by Us to be "repeat infringers." A repeat infringer is a User who has been notified by Us of infringing activity violations more than twice and/or who has had a User Submission removed from the Service more than twice.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on or through the Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Our Designated Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Service are covered by a single notification, a representative list of such works on the applicable Service;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
  4. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

Our Designated Copyright Agent to receive notifications of claimed infringement can be reached at pocketgeek@assurant.com.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

BY USING THIS SERVICE YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.

Contact Information

Please contact Our legal manager at pocketgeek@assurant.com with any questions or comments.