VELLEROS
Terms of
Service Agreement
&
Privacy Policy
Effective 01-27-2015
A.
Terms of Services
NOTE: THESE TERMS OF SERVICE APPLY TO ALL
APPLICATIONS AND SERVICES PROVIDED BY VELLEROS.
ADDITIONALLY, THESE TERMS OF SERVICE CONTAIN PROVISIONS WHERE NOTED
HEREIN THAT ARE APPLICABLE TO ONLY THE VELLEROS COMMERCIAL MOBILE ALERTING
SERVICE.
PLEASE READ THE FOLLOWING TERMS OF SERVICE
CAREFULLY. YOU MUST READ, UNDERSTAND, AND
ACCEPT ALL THE TERMS AND CONDITIONS OF
THIS TERMS OF SERVICE AGREEMENT (“Agreement”) BEFORE USING THE SERVICES (AS
DEFINED BELOW); PROVIDED, HOWEVER, THAT UNDER U.S. FEDERAL REGULATORY AND LEGAL
REQUIREMENTS, THE VELLEROS COMMERCIAL MOBILE ALERTING SERVICE CAN BE PROVIDED TO
YOU BY YOUR CARRIER WITHOUT YOUR EXPRESS ACCEPTANCE. IF YOU DO NOT ACCEPT THIS AGREEMENT, THEN YOU CANNOT
USE THE SERVICES OR THE APPLICATION (AS DEFINED BELOW) AND YOU MUST IMMEDIATELY
REMOVE THE APPLICATION FROM YOUR SMARTPHONE (IF THE APPLICATION CANNOT BE
REMOVED THEN YOU MUST NOT USE THE APPLICATION IF YOU DO NOT ACCEPT THIS
AGREEMENT). BY USING THE VELLEROS APPLICATION
(the “Application”) AND/OR USING THE SERVICES, YOU ENTER INTO A BINDING
CONTRACT AND LEGAL AGREEMENT WITH VELLEROS, INC. (“Company”) AND YOU PROVIDE
YOUR EXPRESS CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL
INFORMATION REQUIRED TO PROVIDE THE SERVICES AS DESCRIBED IN THIS AGREEMENT AND
IN COMPANY’S PRIVACY POLICY OR AS OTHERWISE CONSENTED TO BY YOU OR PERMITTED BY
APPLICABLE LAW. IF YOU DO NOT ACCEPT AND
AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU CANNOT USE THE
APPLICATION OR SERVICES. THE SERVICES
ARE ONLY AVAILABLE THROUGH THE APPLICATION. TO RECEIVE THE SERVICES, YOU MAY HAVE TO
DOWNLOAD THE APPLICATION OR USE THE APPLICATION THAT CAME WITH YOUR SMARTPHONE.
.
COMPANY’S ACCEPTANCE OF THIS AGREEMENT AND
PROVISION OF THE SERVICES IS EXPRESSLY CONDITIONAL UPON YOUR AGREEMENT TO ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THESE TERMS AND CONDITIONS ARE CONSIDERED
AN OFFER MADE BY COMPANY, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. THIS AGREEMENT IS FOR LICENSES AND SERVICES
AND IS NOT A SALE OF GOODS.
1.
DEFINITIONS. In this
Agreement:
a.
“Application” means the
features and functionality provided by Company in a mobile application that
runs on your SmartPhone. The term
Application includes both the Velleros Commercial Mobile Alerting Service (“CMAS”)
Mobile Application (defined below) and any other application provided by Company,
as upgraded, enhanced or modified by Company from time to time, and which may
be made available for download by the Company;
b.
“Commercial Mobile
Alerting Service (CMAS) Application” or “CMAS” or as described in the Mobile
Application menu, “Alerts”, means the Application for providing mobile
alerting Content pursuant to federal legal and regulatory requirements;
c.
“Content” means and
includes any and all materials, information or data displayed, distributed,
provided or performed through the Application, which may include but not be
limited to text, software, scripts, graphics, maps, photos, sounds, music,
videos, logos, interactive features and other materials; and
d.
“Services” means providing
of Content via the Application. All references to the Services shall include
the Application and the Content where the context requires.
2.
LIMITED LICENSE. The
Services are licensed, not sold. You do
not own the Services. Subject to the
terms and conditions of this Agreement, Company grants you a limited, personal,
non-transferrable, revocable and non-exclusive license to access, use and
receive the Services as made available and permitted by Company or its licensees
from time to time. The Services may be
utilized by you through installation and use of the Application only for your
own personal, non-commercial use, and not for the use or benefit of any third
party. You will not sell, copy,
transfer, make available, rent, lease, license, sub-license
or lend the Services to any third party and you will not use the Services as a
service bureau or application service provider providing products, services,
information or Content to third parties. This Agreement and the license granted
is void where prohibited by law, no offer to you to enter into this Agreement
is valid in such jurisdictions, and any license granted to you to use the Services
is void and, if necessary to give effect to the foregoing, revoked in such
jurisdictions, provided that, notwithstanding the foregoing, all disclaimers
and limitations in this Agreement in favor of Company shall in all cases apply.
You may not modify, publish, transmit,
participate in the transfer, rental or sale of, reproduce (except as provided
herein), create derivative works based on, distribute, perform, display, or in
any way exploit, the Services in whole or in part. You may not utilize the Services
in any way other than as expressly provided in this Agreement. You shall not retain or store any significant
portion of any Content in any form other than such portion as may be reasonably
necessary for limited periods of time to use the Services. Copying, retention or storing of any Content
for other than personal, non-commercial use as permitted in this Agreement is
expressly prohibited without prior written permission from Company, or from the
copyright holder identified in such Content’s copyright notice.
3.
RIGHT TO MODIFY,
SUSPEND OR TERMINATE. Company may, in its sole discretion, change, modify,
suspend or discontinue the Services at any time, including the availability of
any feature, service, or Content, or amend or terminate this Agreement at any
time without notice and without liability to you. Company may also impose
limits on certain features and services or restrict your access to the
Services, or any one or more components or parts of the Services, without prior
notice or any liability whatsoever. Company shall have the right, at its sole
discretion, to modify or terminate this Agreement and/or the Services at any
time by sending you a notice via email or other form of written or electronic notice. Use of the Services by you following sending
such notice in the Application or sending email notification constitutes your
acceptance of the terms and conditions of this Agreement as modified. You agree
that any notice, agreement, disclosure or other communications that Company
sends to you electronically will satisfy any legal communication requirements,
including that such communications be in writing. You agree to contract
electronically.
4.
LOCATION INFORMATION
Location information is connected to a specific device ID (PIN, UDID, etc.). The user identity is anonymous in the case of
CMAS but may not be anonymous in the case of other functions provided in the Application.
Location information may be collected via standard location based technologies
including, but not limited to GMLC, GPS, A-GPS, cell-site or manual entry
whereby you set a location. Location information is used to provide the Service.
5.
DATA USAGE Data
transfer occurs while using the Application. Check with your carrier for data pricing.
6.
YOUR
OBLIGATIONS. You agree as follows:
a.
You warrant, represent
and certify to Company that you are an individual and not a corporation or
other legal entity, you are of full legal age and have full capacity in your
jurisdiction of residence, location or domicile to form a binding and
enforceable contract, you are legally permitted to use the Services, this
Agreement is valid and enforceable in your jurisdiction, and, whether or not
you access the Services through the account of a third party, including without
limitation, your employer or a corporate entity, you take full personal
responsibility and will be fully and personally liable for your selection and
use of the Services;
b.
You shall be
exclusively responsible for obtaining and maintaining any equipment or
ancillary services needed to connect to, access, receive or use the Services,
including, without limitation, hardware devices, software, and other Internet,
wireless, broadband, phone or other mobile communication device connection
services.
c.
You shall be
exclusively responsible for ensuring that such equipment or ancillary services
are compatible with the Services and you shall be responsible for all charges
incurred in connection with use of the Services in connection with all such
equipment and ancillary services.
d.
You are responsible
for all of your activity in connection with the use of Services;
e.
You agree to fully
comply with all applicable local, provincial, state, national and foreign laws,
treaties and regulations in connection with the Services;
f.
You represent and
warrant that (i) you are not located in a country that is subject to 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; and
g.
Company does not
promote, recommend or condone use of the Services during certain activities,
such as, without limitation, automobile driving, bicycle
riding, skating, skate-boarding or walking, where there is risk of accident,
personal injury, property damage or death. You agree not to use the Services
during such activities, and warrant, represent and certify that you will not do
so.
7.
INDEMNIFICATION OF
COMPANY. YOU SHALL INDEMNIFY, DEFEND AND FOREVER HOLD COMPANY, AND COMPANY’S
LICENSORS, SUPPLIERS, CONTRACTORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
ATTORNEYS AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS,
DAMAGES, LOSSES, LIABILITIES, SUITS AND EXPENSES (INCLUDING LAWYERS’ FEES AND
COSTS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE
SERVICES OR TO THE CONTENT, OR ANY BREACH OF THIS AGREEMENT BY YOU. THE
FOREGOING SHALL SURVIVE ANY TERMINATION OR EXPIRY OF THIS AGREEMENT, HOWSOEVER
CAUSED.
8.
INTELLECTUAL PROPERTY
RIGHTS. The Services are protected by copyright, trademark, and other
intellectual property rights under the laws of the United States of America,
Canada and other countries, and international conventions and treaties. Except
as expressly permitted herein, you shall abide by all copyright notices and
trademark information, and all other restrictions contained in the Services.
Without limitation, the Services are protected by copyright as a work,
collective work and/or compilation, pursuant to U.S. copyright laws, Canadian
copyright and moral rights laws, international conventions, and other
intellectual property laws.
9.
DISCLAIMER OF
WARRANTIES AND CONDITIONS. THE SERVICES ARE PROVIDED STRICTLY ON AN “AS IS”,
“WHERE IS” AND “AS AVAILABLE” BASIS. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, ARISING FROM A COURSE OF CUSTOM OR TRADE, OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, ANY
IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED
WARRANTY OR CONDITION OF COMPLIANCE WITH ANY DESCRIPTION, OR ANY IMPLIED
WARRANTY OR CONDITION OF NON-INFRINGEMENT, VIOLATION AND/OR
NON-MISAPPROPRIATION OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY COMPANY TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING SHALL SURVIVE ANY
TERMINATION OR EXPIRY OF THIS AGREEMENT, HOWSOEVER CAUSED.
10.
LIMITATION OF LIABILITY.
NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS,
LICENSORS, CONTRACTORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICES SHALL BE LIABLE TO YOU OR ANYONE CLAIMING THROUGH YOU
FOR ANY LOSS OF PROFITS OR REVENUE, DAMAGE TO PROPERTY OR PERSON, LOSS OR
INACCURACY OF DATA OR DETRIMENTAL RELIANCE THEREON, FAILURE TO REALIZE EXPECTED
RESULTS, , ECONOMIC LOSS OF ANY KIND, OR INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, RESULTING FROM YOUR ACCESS TO,
RELIANCE ON, OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES, WHETHER
BASED ON OR IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE FOREGOING SHALL APPLY WHETHER
OR NOT COMPANY KNOWS OF THE POSSIBILITY OF SUCH DAMAGE OR HAS BEEN ADVISED OF
SUCH POSSIBILITY, OR SUCH POSSIBILITY IS REASONABLY FORESEEABLE. COMPANY SHALL
IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR
OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES,
DELAYS OR INTERRUPTIONS IN THE SERVICES GENERALLY OR SPECIFICALLY, AND ANY
CONTENT OR SERVICES CONTAINED THEREIN OR SUPPLIED SUBSEQUENTLY BY AGREEMENT
BETWEEN YOU AND COMPANY. YOU AGREE THAT, IN ALL CASES, ANY CLAIM BY YOU FOR
DAMAGES AGAINST COMPANY ARISING FROM ANY ACCESS TO, USE OF OR RELIANCE ON THE
SERVICES, OR OTHERWISE ARISING UNDER THIS AGREEMENT OR OTHERWISE, SHALL BE
LIMITED TO YOUR PROVABLE DIRECT DAMAGES IN THE MAXIMUM AGGREGATE SUM OF TWENTY
FIVE DOLLARS ($25.00) IN LAWFUL CURRENCY OF THE UNITED STATES OF AMERICA. THE
FOREGOING SHALL SURVIVE ANY TERMINATION OR EXPIRY OF THIS AGREEMENT, HOWSOEVER
CAUSED.
11.
CONTENT PREFERENCES.
Certain content provided through the Services may not provide OPT-OUT
preferences. However, for content which does allow OPT-IN and OPT-OUT, such
preference controls are made available within the respective service.
12.
LINKS. The Services
may include links to third party products, services, resources or websites.
Company has no control over such third parties. Any and all such links are
provided to you as a convenience only, without any warranty, condition,
guarantee or representation by Company whatsoever. You use or access any such
links solely at your own risk.
13.
GOVERNING LAW. This
Agreement shall in all cases be deemed an Agreement made in the state of North
Carolina, USA, regardless of your place of residence, domicile or physical
location. All questions concerning the validity, construction and operation of
this Agreement and the performance of the obligations of the parties hereunder
shall be governed by the laws of the state of North Carolina without regard to
its conflicts of laws rules. You irrevocably submit to the jurisdiction of and
venue in the state and federal courts located in the state of North
Carolina. You agree that you will not
commence any action as a class action, or seek to have any action to which you
are a party certified as a class action, or join in any class action as a
party. Notwithstanding the foregoing, in
the event of breach of this Agreement by you requiring Company to seek
injunctive or other equitable relief, Company shall be entitled to seek such
injunctive relief in any court of competent jurisdiction without the necessity
or requirement of posting bond or undertaking as to damages or showing that
money damages are not an adequate remedy. In the event that your place of
residence, domicile, physical location or jurisdiction does not recognize or
permit enforcement of the foregoing, you may not use the Services.
14.
GENERAL PROVISIONS. If
any provision of this Agreement is held by a court of competent jurisdiction to
be invalid or unenforceable, then such provision(s) shall be severed from this
Agreement, with all other provisions remaining in full force and effect. The
failure of Company to enforce any right or provision in this Agreement shall
not constitute a waiver of such right or provision unless acknowledged and
agreed to by Company in writing. This Agreement comprises the entire agreement
between Company and you with respect to the Services and the entire subject
matter of this Agreement and supersedes, repeals, or modifies any other
agreement between you and Company.
15.
COMPANY CONTACT: Any questions or
comments regarding the Application should be directed to the Company at:
Velleros, Inc., PO Box 151 Morrisville, NC
27580 or info@velleros.com.
16.
THIRD PARTY
BENEFICIARY. You agree and acknowledge
that certain third parties, e.g.,
your wireless carrier, the “App Store” from which the Application was
downloaded, and Company’s licensors, are third party beneficiaries to this
Agreement and as such will have the right to enforce the Agreement as a third
party beneficiary thereof.
B. Privacy Policy
This Policy applies to our collection, use and
disclosure of your personal information in connection with your use of the
Application, the Content, and Services as defined in our Terms of Service
Agreement (“Agreement”) with you.
Capitalized terms herein have the meaning set forth in the Agreement
unless otherwise noted.
Your privacy and the protection of your
personal information are important to us. It is our policy to comply with
applicable privacy laws and to use your personal information with your consent
for reasonable purposes related to the Services. We do not sell, rent or lease
our customer lists to third parties. It is our policy to only disclose your
personal information as required or authorized by law.
1.
Consent
and Collection, Use and Disclosure of Phone Number and Location Information
The Application may collect your phone number, location information, network
availability/performance information and basic device information, including
but not limited to carrier id, OS version, and IP address of the device. We may
use analytics and consumer behavior data to make the Services more convenient
or more efficient, or to monitor use of the Services in order to improve the
Services. The analytics may also be used for the improvement of mobile network performance.
When you provide your Information to us, you
provide us with your consent to use and, to the extent reasonably required, to
disclose your Information as described in this Policy or as described in any
applicable consent you may provide.
We may collect, use and disclose your Information
for the following purposes:
·
To provide the
Services to you;
·
To make enhancements
to the Services to provide a better experience for you;
·
To create, manage and
control your account information;
·
To communicate with
you for the purpose of informing you of changes or additions to the Services,
or of the availability of any products or services we provide;
·
To provide you with
targeted ads, offers, coupons and other products and services based on your
preferences and channels of interest;
·
To process payments
for any offers, coupons and other products and services purchased via the
Application;
·
To assess service
levels, monitor traffic patterns & network performance and measure usage of
different service options;
·
To verify access
rights to the Services, or other products, services or software;
·
To conduct market
research from time to time;
·
To enforce the
provisions of our legal relationship with you;
·
To respond to your
requests for the Services, including but not limited to customer service or
information;
·
To respond to claims
of any violation of our rights or those of any third parties;
·
To respond to your
requests for the Services, including but not limited to customer service or
information;
·
To protect the rights,
property or personal safety of you, us, our users and the public;
·
As required or
authorized by law.
Your consent may be withdrawn at any time.
Should your consent be withdrawn, we will advise you of any consequences, which
may include our being unable to provide all or part of the Services to you. The
law allows us to retain personal information following withdrawal of consent
for reasonable business or legal purposes, following which personal information
is securely destroyed or rendered anonymous.
You may have the option of registering with us
to create an account so that we may better serve your needs and enhance your
experience with Velleros. Installing and/or using the Application does not require that you provide any personal information
to us or than the Information.
2.
Access
to Personal Information Management Tools
Through the standard use of the Application
and the services (except for CMAS), we request access to certain Personal
Information Management (PIM) tools on your device, including but not limited to
your contacts, e-mail and calendar, in order to, upon your request, add entries
to your device, such as business listings to your contacts and appointments to
your calendar. We will not access your PIM tools nor any of the information
contained therein for any other purposes.
3.
Security
We recognize our legal obligations to protect
the Information and we have taken steps, including encryption and secure
servers, to safeguard the security of the Information in our custody or
control. In the unfortunate event that we suffer a loss of the Information, or
unauthorized access to or disclosure of the Information, we will notify any
affected individuals as required by law.
4.
Aggregated
Data
“Aggregated Data” means records which have
been stripped of personally identifying information, and which have been
manipulated or combined to provide generalized, anonymous information. Your
identity and personal information are not available in Aggregated Data. We may combine your personal information on an
anonymous basis with other information to generate Aggregated Data for internal
and commercial use and for sharing with affiliates, subsidiaries and business
partners for planning and marketing purposes.
5.
Links
The Services may contain links to other sites or online resources
maintained or operated by third parties. We do not control such third parties
and are not responsible for the privacy practices or the content of such sites
or resources. We encourage you to read the privacy policies of any such sites
or resources as their privacy policies and practices may differ from our
policies and practices.
6.
Contact
Us
If you have any questions or suggestions regarding this Policy or
our practices regarding your Information, if you wish further information, if
you wish access to your Information, or if you wish to modify or correct your
personal information, please contact us at privacy@velleros.com. You may also write to us at: PO Box 151,
Morrisville, NC, 27560.
7.
Changes
to this Privacy Policy and Additional Information
We may update this Policy from time to time,
so please review this Policy periodically. If there are significant changes to
our information practices, you will be provided with appropriate online notice
pursuant to your Agreement with us