End User License Agreement (EULA)

By installing and using the iHope application (the “Software”) from The Arkansas Coalition Against Domestic Violence (“ACADV”), you are agreeing to be bound by the terms of this End User License Agreement (the “License”). This License is a legally binding agreement between you and ACADV governing your use of the Software and documentation (if any) accompanying this License. You acknowledge that neither Apple nor Google is a party to this agreement and neither Apple nor Google is responsible for any of ACADV’s obligations hereunder. You agree that your use of the Software signifies that you have read this License, understand it, and that you agree to be bound by its terms and conditions. If you are the parent or legal guardian of an intended user of the Software, you are individually responsible for the obligations hereunder and for taking reasonable actions to ensure that the child complies with the terms of this License.

1. Grant of Limited License

ACADV hereby grants you a non-exclusive, personal and limited license to install and use the application on a single device, together with all information, text, images and other data contained within the application (the “Content”). You may not use the Software or any Content for any commercial purpose. This License does not allow the Software or any Content to exist on more than one device at a time, except as permitted by Apple or Google. You may not decompile, reverse engineer, or disassemble the Software or any Content. You may not modify, rent, lease, loan, sublicense, distribute, transmit, share (over a network or otherwise) or create derivative works based upon, the Software or any Content. This license does not authorize you to use the Software or Content in any manner other than that set forth herein.

2. Acceptable Use

You agree to use the alert messaging features of the Software only for actual emergencies and safe arrival notifications. By using the Software, you acknowledge that you assume sole responsibility for safe use of the Software and the service it facilitates. You are authorized to use the Software only for the purposes described in the documentation or instructions. You may not use the Software in a manner which would violate any law or which facilitate or encourage anyone else to violate any law. You are the author of your own alert messages and notification messages (as defined in the documentation or instructions), and you assume sole responsibility for the content of such messages. You are advised to consider carefully the content of your alert messages and notification messages, and to consider what actions may be taken by the recipients of such messages.

3. Usage Restrictions

You agree not to engage in unacceptable use of the Software, including but not limited to the following activities: (i) creating a false identity or otherwise attempting to mislead any person as to your identity or the origin of any communication transmitted through the application; (ii) intentionally transmitting a false or unjustified alert through the application; (iii) disseminating or transmitting any messages that do not pertain to the intended use of the application or that contain anything that is obscene, defamatory, harassing, offensive, or malicious; (iv) disseminating or transmitting files, graphics, software, or other material that actually or potentially infringes the intellectual property right of any person or entity; (v) exporting, re‐exporting, or otherwise transmitting data, information, or software in violation of any applicable export or import law, regulation, or restriction; (vi) interfering with, disrupting, or attempting to gain unauthorized access to information or other accounts making use of the application; (vii) attempting to copy, modify, or reverse engineer the application; (viii) using the Software without first agreeing to this License, as it may be amended from time to time; (ix) using or attempting to use the Software with any communication or other network other than a carrier approved by ACADV; (x) using the application in a manner that exploits or violates the personal privacy of another individual; and (xi) engaging in any other activity deemed by ACADV to be in conflict with the spirit or intent of this License or the intended use of the Software.

4. Ownership

The Arkansas Coalition Against Domestic Violence (“ACADV”) retains all rights, title and interest in and to the Software and the Content including, but not limited to, all intellectual property rights, and excluding any personal content created by you. The Software and Content are protected by the copyright laws of the United States and international copyright treaties. You agree to use your best efforts to prevent and protect the Software and Content from unauthorized disclosure or use. ACADV and/or its licensors and suppliers reserve all rights not expressly granted to you.

5. Location-Based Services

Many of the essential features of the Software and services, by their nature, require the use of “location-based” services and technology. By using the application, you acknowledge that the location tracking features (e.g. GPS, etc.) of your mobile device must be enabled at all times when you are using the application. ACADV expressly disclaims any liability for the failure of the application to perform as intended if such features have been disabled or fail to function properly on your mobile device. In addition, ACADV may collect, use, and share precise location data, including the real-time geographic location of your mobile device as necessary in the provision of the services.

6. DISCLAIMER OF WARRANTY

YOU ASSUME SOLE RESPONSIBILITY FOR THE SAFE USE OF THE IHOPE APPLICATION AND FOR THE SAFETY OF YOURSELF AND ANYONE YOU CONTACT USING THE APPLICATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION AND DOCUMENTATION ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACADV FURTHER DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE APPLICATION REMAINS WITH YOU THE USER. ACADV DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACADV OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

7. EMERGENCY RESPONSE LIMITATIONS

IF YOU USE THE APPLICATION AS A MEANS OF NOTIFYING EMERGENCY RESPONSE PERSONNEL (E.G., POLICE, FIRE DEPARTMENT, AMBULANCE) TO PROVIDE YOU WITH ON‐LOCATION ASSISTANCE BASED ON INFORMATION TRANSMITTED THROUGH THE APPLICATION, EMERGENCY RESPONSE PERSONNEL WILL NOT BE ABLE TO RESPOND UNLESS THEY CAN CONFIRM: (A) YOUR LOCATION WITHIN REASONABLE ACCURACY, AND (B) THAT AN EMERGENCY ACTUALLY EXISTS. ACADV CANNOT 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.

8. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ACADV BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ACADV  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU ASSUME SOLE LIABILITY FOR ANY DAMAGES ARISING FROM YOUR MODIFICATIONS OR ATTEMPTS TO MODIFY THE SOFTWARE.

9. Indemnification

You agree to hold harmless, indemnify and defend ACADV and its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that you have violated any term or condition of this License or have breached any representation made by you in connection with the grant of this License.

10. Termination

Your rights under this License shall terminate automatically if you fail to comply with any of the terms and conditions of this License. No notice shall be required from ACADV to effectuate such termination. Upon termination, you must destroy all copies of the Software.

11. Legal Compliance

You hereby 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.

12. Third Party Beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, as well as Google, and Google’s subsidiaries, are third party beneficiaries of this License, and upon your acceptance of the terms and conditions hereof, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

13. Miscellaneous

This License Agreement shall constitute the complete and exclusive agreement between you and ACADV. Any rights not expressly granted herein are reserved. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof. This License Agreement shall be governed by the laws of the State of Arkansas, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts. You acknowledge that a violation of this License may cause irreparable harm to ACADV and you agree that, in addition to any other remedies provided by law, ACADV shall be entitled to seek injunctive relief against any such violation without having to post a bond.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Arkansas Coalition Against Domestic Violence, 700 S. Rock St., Little Rock, Arkansas. All rights reserved.

 

“This project was supported by Award G-1301ARFVPS awarded by the Department of Health and Human Services, Administration for Children and Families; Family Violence Prevention Services to the Arkansas Department of Finance and Administration, Office of Intergovernmental Services.”