PRIVACY & EULA

Human-readable version of this legal document:


“When you use Mobile Angel, we will store all your care data in an encrypted and HIPAA compliant cloud with Microsoft Azure. The application is free to everyone and we will use the anonymized data for health research. We anonymize the data so no one can see your personal information. If you do not want us to use any of your data for research, you can opt-out in the application by selecting the “gear” icon on the upper left and select “please do not share my data”. Mobile Angel Team

 

MOBILE END USER LICENCE AGREEMENT

 

TO USE THE MOBILE-ANGEL MOBILE APPLICATION, YOU MUST AGREE TO THE TERMS OF USE GOVERNING THE PROVISION OF THE SERVICE BY MOBILE-ANGEL, INC. AND OF THE PROVIDERS YOU INTERACT WITH THROUGH THE MOBILE-ANGEL MOBILE APPLICATION (COLLECTIVELY, THE “TERMS OF USE”).  THE TERMS OF USE WILL BE PROVIDED THROUGH THE MOBILE-ANGEL APPLICATION DURING THE ENROLLMENT PROCESS.  THE TERMS OF USE AND THIS AGREEMENT MAY ALSO BE ACCESSED AT ANY TIME BY VISITING WWW.MOBILE-ANGEL.COM 

MOBILE-ANGEL MOBILE APPLICATION END USER LICENSE AGREEMENT (the “Agreement”)

PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE MOBILE-ANGEL MOBILE APPLICATION (“MOBILE-ANGEL”). THIS AGREEMENT IS SOLELY BETWEEN YOU AND MOBILE-ANGEL.  APPLE, INC. (INCLUDING ITS SUBSIDIARIES, “APPLE”) AND GOOGLE (INCLUDING ITS SUBSIDIARIES, “GOOGLE”) ARE NOT RESPONSIBLE FOR ANY OBLIGATIONS UNDER THIS AGREEMENT OR ANY OBLIGATIONS CONCERNING MOBILE-ANGEL WHATSOEVER. THIS AGREEMENT SETS FORTH THE TERMS UPON WHICH YOU ARE AUTHORIZED TO DOWNLOAD, INSTALL AND USE MOBILE-ANGEL ON YOUR APPLE iOS OR ANDROID DEVICE. BY DOWNLOADING, INSTALLING OR USING MOBILE-ANGEL, YOU ACCEPT THIS AGREEMENT AND ALL THE TERMS AND CONDITIONS CONTAINED HEREIN.  YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.  BY CLICKING IN THE ACCEPT LICENSE BOX AND/OR CONTINUING TO INSTALL OR USE MOBILE-ANGEL, YOU CONSENT TO BE BOUND BY THIS AGREEMENT.  YOU ALSO REPRESENT AND WARRANT TO THE EXTENT THAT MOBILE-ANGEL MAY BE USED BY A FAMILY MEMBER OR OTHER INDIVIDUAL ON YOUR HEALTH CARE TEAM, YOU HAVE THE AUTHORITY TO BIND SUCH INDIVIDUAL TO THIS AGREEMENT, AND ANY USE BY SUCH INDIVIDUAL SHALL ONLY (1) OCCUR SUBJECT TO THIS AGREEMENT, AND (2) ONLY AFTER YOU HAVE INFORMED SUCH INDIVIDUAL OF THIS AGREEMENT, PROVIDED SUCH INDIVIDUAL WITH A COPY OR ACCESS TO THE AGREEMENT, AND SUCH INDIVIDUAL HAS AGREED TO BE BOUND BY THIS AGREEMENT.

If you elect to use MOBILE-ANGEL on an Apple device, the application is separately distributed exclusively by Apple through the App Store pursuant to the Apple Terms of Use. If you elect to use MOBILE-ANGEL on an Android device, the application is separately distributed exclusively by Google through Google Play pursuant to the Google Terms of Service. To use MOBILE-ANGEL on an Apple device, you must separately agree to the Apple Terms of Use prior to downloading the application, and to use the application on an Android device, you must separately agree to the Google Terms of Service.

Welcome to MOBILE-ANGEL, the mobile application for Apple iOS and Android devices end users to use to access the MOBILE-ANGEL (“System”) provided by MOBILE-ANGEL, INC., doing business as MOBILE-ANGEL pursuant to which you may receive personal services from independent licensed healthcare providers (“Online Care Services”). MOBILE-ANGEL and the System are owned and operated by MOBILE-ANGEL, Inc. Online Care Services are provided by licensed healthcare providers, all of whom are employed by or otherwise contracted with entities that are separate from MOBILE-ANGEL. To download, install or use MOBILE-ANGEL to access the System and receive Online Care Services, you must agree to be bound by all of the terms of this Agreement. By downloading, installing or using MOBILE-ANGEL, you are agreeing to be bound by all of the terms of this Agreement. In addition, if you access the System or receive or attempt to receive the Online Care Services, you are also agreeing to be bound by all of the terms and conditions of the Terms of Use. MOBILE-ANGEL may, from time to time, change the terms of this Agreement. THIS AGREEMENT GOVERNS YOUR USE OF MOBILE-ANGEL TO ACCESS THE SYSTEM AND DOES NOT REPLACE THE TERMS OF USE, TO WHICH YOU MUST ALSO AGREE BEFORE USING THE SYSTEM AND RECEIVING ONLINE CARE SERVICES.

LICENSE AND RESTRICTIONS

Subject to the terms and conditions herein and any modifications to these terms in the future, MOBILE-ANGEL hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the software, content, and documentation on and in MOBILE-ANGEL, in object code format, only, on any iOS or Android device that you own or control, and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service and/or Google Play Terms of Service, only to the extent necessary for you to receive personal Online Care Services from independent licensed healthcare providers in the United States using the System. You agree not to sell, rent, lease, transfer, sublicense, provide service bureau or timeshare services, distribute or otherwise make MOBILE-ANGEL available to third parties for any reason. You further agree not to: (i) modify, translate, copy, reverse engineer, decompile, disassemble, re-engineer, or otherwise create or attempt to create the source code of MOBILE-ANGEL, or its structural framework, or (ii) modify or create derivative works of MOBILE-ANGEL or use MOBILE-ANGEL in whole or in part for any purpose except as expressly provided in this Agreement. You also agree not to allow or permit others, directly or indirectly (including but not limited to the use of wizards, agents, bots, or other utilities) to perform any of the actions prohibited in (i) and (ii) in the immediately preceding sentence. You understand and agree that while MOBILE-ANGEL is provided free of charge, MOBILE-ANGEL may charge for MOBILE-ANGEL in the future.

THIRD PARTY TERMS OF AGREEMENT

Certain components of MOBILE-ANGEL may be provided by third parties. Any software, content or services provided by MOBILE-ANGEL from a third party (“Third Party Components”) are provided to you hereunder subject to the terms and conditions of the applicable third party, which terms and conditions for such Third Party Components may change from time to time and if not otherwise provided to you are available by request from MOBILE-ANGEL. If any such Third Party Components become unavailable to MOBILE-ANGEL for any reason, or MOBILE-ANGEL deems it appropriate, in its reasonable discretion, then MOBILE-ANGEL may remove or replace such Third Party Components.

You must comply with all applicable third party terms of agreement while using MOBILE-ANGEL, such as the terms of your agreement with your wireless data service provider.

RESERVATION OF RIGHTS

MOBILE-ANGEL shall at all times solely and exclusively own all right, title, and interest in and to MOBILE-ANGEL and the related documentation, materials created or generated by MOBILE-ANGEL as well as the specifications, technology and all intellectual property or other rights in the foregoing, including but not limited to any and all modifications and derivative works. No implied licenses are granted.

MOBILE ACCESS

You agree that you shall use MOBILE-ANGEL to access the System and receive Online Care Services only in accordance with the terms of this Agreement and the Terms of Use governing the use of the System and Online Care Services, applicable law, and the rules, policies and procedures established by MOBILE-ANGEL for use of the System and receipt of Online Care Services. You agree to use MOBILE-ANGEL in a manner consistent with all applicable standards and requirements, local, state, and national laws and regulations, and otherwise in accordance with this Agreement and any rules, policies and procedures established by MOBILE-ANGEL for use of MOBILE-ANGEL. By registering and using MOBILE-ANGEL, you represent and warrant that all information provided to MOBILE-ANGEL in connection with this Agreement, including in the process of registration for MOBILE-ANGEL, is true, accurate and complete. You are responsible for obtaining and maintaining all equipment and systems necessary to access MOBILE-ANGEL and for paying all charges related thereto.

SECURITY

Access to MOBILE-ANGEL is enabled only through the use of a personal identification number (“PASSWORD”). You will receive the PASSWORD when you sign up for Online Care Services. You shall maintain your PASSWORD in strict confidence. In no event shall you share your PASSWORD with any third party or allow another person to access MOBILE-ANGEL using Your PASSWORD. You shall notify MOBILE-ANGEL immediately if you have any reason to believe that your PASSWORD or your iOS or Android device has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of MOBILE-ANGEL using your PASSWORD or iOS or Android device. MOBILE-ANGEL reserves the right to revoke or deactivate your PASSWORD or your access through MOBILE-ANGEL at any time.  You understand and agree that MOBILE-ANGEL uses a data connection through your cellular carrier or the Internet to communicate with the System and provide access on your device to the System and the Online Care Services, and by using MOBILE-ANGEL you agree that data connections and transmissions through your cellular carrier or the Internet are never completely private or secure and that you understand that any message or information you send to or receive from the System, including during provision of the Online Care Services, may be read or intercepted by others, even though MOBILE-ANGEL uses industry standard practices for protecting against such reading or interception by others and even if there is a special notice that a particular transmission is encrypted.

SUPPORT

 

MOBILE-ANGEL does not offer support for MOBILE-ANGEL other than the provision of updates, patches, bug fixes and new versions via the Apple App Store or Google Play, to be determined in MOBILE-ANGEL’s sole discretion.  Neither Apple nor Google has any obligation to provide maintenance and support for MOBILE-ANGEL.  It is your obligation to ensure that you are using the latest version of MOBILE-ANGEL, and MOBILE-ANGEL may refuse to allow access to the System or the provision of the Online Care Services at any time for any MOBILE-ANGEL that is not the most current application available.

 

ACCEPTABLE USE

You agree not to access or use MOBILE-ANGEL in an unlawful way or for an unlawful or illegitimate purpose. You shall not post, transmit or store (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others; (d) upload or provide false information through MOBILE-ANGEL; or (e) test, compare, review, or competitively analyze the System or Online Care Services. You shall not attempt to disrupt the operation of MOBILE-ANGEL, the System or Online Care Services through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use MOBILE-ANGEL in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access MOBILE-ANGEL for any purpose.

OPERATION AND RECORD RETENTION

MOBILE-ANGEL reserves complete and sole discretion with respect to the operation and use of MOBILE-ANGEL. MOBILE-ANGEL may collect, retain, and use records and other data and information relating to your use of MOBILE-ANGEL, including but not limited to, the history of use. MOBILE-ANGEL may also, among other things, withdraw, suspend or discontinue MOBILE-ANGEL or any functionality or feature of MOBILE-ANGEL. MOBILE-ANGEL is not responsible for maintaining data arising from the use of MOBILE-ANGEL. MOBILE-ANGEL reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to Online Care Services pursuant to any internal record retention and/or destruction policies as such policies may be amended from time to time.

 

NON-DISCLOSURE AND CONFIDENTIALITY

In using MOBILE-ANGEL, you will have access to confidential information of MOBILE-ANGEL (“Confidential Information”) that may include, but is not limited to, software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.

You agree to maintain and safeguard vigilantly the privacy and security of all Confidential Information. You shall implement and maintain appropriate safeguards to protect the confidentiality, integrity, and availability of all Confidential Information, to protect against reasonably anticipated threats or hazards, and to prevent use or disclosure of Confidential Information accessed through the Services other than as permitted by this Agreement or required by law. Such safeguards shall comply with all applicable federal, state, and local requirements and with security measures and controls that may be required from time to time by MOBILE-ANGEL and its licensors, licensees, and suppliers.

Without limiting the foregoing, you agree to undertake all necessary measures to ensure the privacy and security of all Confidential Information including without limitation: (i) using MOBILE-ANGEL and the Confidential Information only as needed to use the System to receive Online Care Services; (ii) not accessing, using or disclosing any Confidential Information that you have no legitimate authorization to access, use or disclose; (iii) not accessing MOBILE-ANGEL or any Confidential Information for any other individual or any unauthorized third party; (iv) restricting physical and system access to MOBILE-ANGEL as well as any equipment which contains Confidential Information or which gives access to Online Care Services; and (v) implementing procedures to ensure no computer or terminal with live access to MOBILE-ANGEL is left unattended at any time.

You immediately shall notify, and cooperate fully with MOBILE-ANGEL in the event you discover or suspect: (a) any unauthorized use of or access to MOBILE-ANGEL; (b) any inappropriate use or disclosure of information contained in MOBILE-ANGEL or obtained through use of MOBILE-ANGEL; (c) the recognition or introduction of any virus, worms, Trojan horses and other destructive items; or (d) any Security Incident (as defined in the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR parts 160, 162 and 164 and any applicable state law). If in the opinion of MOBILE-ANGEL a breach has affected or may affect any other MOBILE-ANGEL user or any individual whose protected health information is contained on Online Care Services, then MOBILE-ANGEL, in its discretion, may notify such Online Care Services user or individual of the breach or may require you to immediately notify such user or individual of the breach.

 

NOTIFICATION

You agree to notify MOBILE-ANGEL immediately if you become aware of any medical incident, error or adverse event arising out of any conversation, advice or service rendered to you using MOBILE-ANGEL which may reasonably be expected to give rise to a claim being made by you or if you have been named in any claim or suit arising out of any conversation, advice or service rendered by you using MOBILE-ANGEL.

TERM AND TERMINATION

This Agreement is for an on-going, indefinite term. You or MOBILE-ANGEL may suspend or terminate your access to or use of MOBILE-ANGEL at any time, for any reason or for no reason, and may also terminate this Agreement at any time. MOBILE-ANGEL has the right (but not the obligation) to refuse to provide access to MOBILE-ANGEL to any person, agency or organization, or to prohibit any person, agency or organization from using the System or receiving Online Care Services, at any time, for any reason or for no reason at all, in its sole discretion. MOBILE-ANGEL reserves the right to change, suspend, or discontinue all or part of MOBILE-ANGEL, temporarily or permanently, without prior notice. MOBILE-ANGEL reserves the right to delete or change any PASSWORD or other information at any time, for any reason or for no reason. You acknowledge and agree that the obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.

 

VIOLATION OF THIS AGREEMENT

You acknowledge that your access to MOBILE-ANGEL shall be immediately suspended and this Agreement shall be terminated if you violate any provision of this Agreement. You acknowledge and agree that a violation of this Agreement by you will result in irreparable injury for which monetary damages are an inadequate remedy that will entitle MOBILE-ANGEL to obtain, without the posting of any bond or other security, a court order prohibiting you from using MOBILE-ANGEL, the System, Online Care Services, or any Confidential Information.

INTELLECTUAL PROPERTY

All of the content available on or through MOBILE-ANGEL, uploaded to the System, or shared during the provision of the Online Care Services is the property of MOBILE-ANGEL or its licensors or licensees and is protected by copyright, trademark, patent, trade secret and other intellectual property law. MOBILE-ANGEL gives you permission to display, download, store and print the content only for your personal use to connect to the System to access Online Care Services. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through MOBILE-ANGEL to anyone, including but not limited to others in your organization. Any copy made of information obtained through MOBILE-ANGEL must include the copyright notice. All software and accompanying documentation made available for download from MOBILE-ANGEL is the copyrighted work of MOBILE-ANGEL or its licensors or licensees. All MOBILE-ANGEL trade and service names, including, but not limited to “MOBILE-ANGEL™” are trademarks of MOBILE-ANGEL. All other brands and names are the property of their respective owners. Nothing contained in this Agreement or in MOBILE-ANGEL should be construed as granting any license or right to use any trademark of MOBILE-ANGEL or its licensors, licensees or suppliers without the express written permission of MOBILE-ANGEL or such third-party that may own the trademark.

LINKS

Areas accessed using MOBILE-ANGEL may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any medical or other information contained therein. MOBILE-ANGEL encourages you to read the terms and conditions, data-gathering practice and privacy policies of all linked sites as they may materially differ from ours. You agree that MOBILE-ANGEL shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.

WARRANTY DISCLAIMERS

ACCESS TO MOBILE-ANGEL AND THE INFORMATION CONTAINED VIA MOBILE-ANGEL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOBILE-ANGEL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, MOBILE-ANGEL DOES NOT WARRANT THAT MOBILE-ANGEL OR ACCESS TO MOBILE-ANGEL WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, WILL MEET YOUR NEEDS OR REQUIREMENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES MOBILE-ANGEL MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF MOBILE-ANGEL OR ANY OF THE INFORMATION CONTAINED THEREIN. NO ADVICE OR OTHER REPRESENTATIONS BY MOBILE-ANGEL OR ITS AGENTS SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT YOUR USE OF MOBILE-ANGEL AND YOUR RELIANCE UPON ANY OF THE CONTENTS ACCESSED IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO MOBILE-ANGEL OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION VIA MOBILE-ANGEL CAUSED BY YOU OR ANY PERSON USING YOUR PASSWORD. MOBILE-ANGEL CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH MOBILE-ANGEL. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF MOBILE-ANGEL, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, SECURITY AND USE IN A PRODUCTION ENVIRONMENT.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AVAILABILITY OF MOBILE-ANGEL IS SUBJECT TO APPLE’S OR GOOGLE’S SOLE DISCRETION AS THE OPERATORS OF THE APPLE APP STORE OR THE GOOGLE PLAY STORE (AS APPLICABLE). SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY. NEITHER APPLE NOR GOOGLE HAVE ANY OBLIGATIONS UNDER THIS WARRANTY OR UNDER THIS AGREEMENT.

LIMITATIONS OF LIABILITY

IN THE EVENT OF ANY PROBLEM WITH MOBILE-ANGEL OR ANY CONTENT ACCESSED VIA MOBILE-ANGEL, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING MOBILE-ANGEL. UNDER NO CIRCUMSTANCES SHALL MOBILE-ANGEL OR ANY LICENSOR, LICENSEE OR SUPPLIER OR APPLE OR GOOGLE BE LIABLE IN ANY WAY FOR YOUR USE OF MOBILE-ANGEL OR ANY OF THE CONTENTS ACCESSED, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL MOBILE-ANGEL OR ITS LICENSORS, LICENSEES OR SUPPLIERS OR APPLE OR GOOGLE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF MOBILE-ANGEL, THE SYSTEMS OR ONLINE CARE SERVICES, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY RELEASE AND AGREE TO HOLD HARMLESS MOBILE-ANGEL, ITS LICENSORS, LICENSEES AND SUPPLIERS AND APPLE AND GOOGLE FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF MOBILE-ANGEL OR THE SYSTEM. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

INDEMNIFICATION

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of MOBILE-ANGEL, the System and Online Care Services, you agree to indemnify, hold harmless, and defend MOBILE-ANGEL, and its parents, subsidiaries, affiliates, licensors, licensees, suppliers, Apple and Google, and the officers, directors, affiliates, subcontractors, agents and employees of each of them (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of MOBILE-ANGEL; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party. Apple and Google have no obligations under this Agreement including, without limitation, any obligation to indemnify you for any third party claims, any responsibility for the operation of MOBILE-ANGEL, the System or Online Care Services, or any provision of maintenance or support for MOBILE-ANGEL.

ELECTRONIC NOTICES

You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding MOBILE-ANGEL (collectively, “Notices”). MOBILE-ANGEL can send you electronic Notices (1) to the e-mail address that you provided to MOBILE-ANGEL during registration for Online Care Services or (2) by posting the Notice on the applicable service or otherwise through the Online Care Services website. The delivery of any Notice from MOBILE-ANGEL is effective when sent, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the applicable service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices.

MISCELLANEOUS

This Agreement shall be governed by the laws of the State of Colorado without regard to it rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You consent to the exclusive jurisdiction of the courts of the State of Colorado for the resolution of any dispute based upon or relating to this Agreement. You also agree to comply with any applicable export laws concerning MOBILE-ANGEL. You agree that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties. This Agreement constitutes the sole Agreement between you and MOBILE-ANGEL for your use and our provision of MOBILE-ANGEL and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or MOBILE-ANGEL. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by MOBILE-ANGEL of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing signed by the parties. If any provision of this Agreement is held to be illegal, or otherwise unenforceable, such provision shall be severed and the entire Agreement shall not fail on account thereof, and the balance of this Agreement shall continue in full force and effect; provided, however that if the severing of such provision results in a material alteration of this Agreement or if the severing of such provision is related to the termination rights of MOBILE-ANGEL, this Agreement shall be immediately terminated. Apple and Google are third party beneficiaries of this Agreement and as such have the right to enforce the terms and conditions of this Agreement against you. Any end user questions or complaints with respect to MOBILE-ANGEL should be directed to the following name and address:

MOBILE-ANGEL, Inc.

200 Lily Lane, Golden, CO. 80403

A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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