Citizen Protect Supplemental Terms
By clicking on the “Personal” or “Family Plan” icons, completing the registration process, downloading or accessing Protect Services, you represent that (1) you have read, understand, and agree to be bound by the Supplemental Terms and (2) you are of legal age to form a binding contract with sp0n. Your access to and use of the Protect Services is conditioned on your acceptance of and compliance with these Terms.
From time to time, we may make changes to the Supplemental Terms. They will be after posting notice of such changes on the Website or otherwise notifying registered users of such changes. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using Protect Services. Otherwise, your continued use of Protect Services constitutes your acceptance of such change(s).
IF YOU DO NOT AGREE TO BE BOUND BY THE SUPPLEMENTAL TERMS, PLEASE DO NOT ACCESS OR USE PROTECT SERVICES.
THESE TERMS WILL CONTINUE TO APPLY DURING YOUR USE OF THE SERVICES. IF YOU SUBSCRIBE TO THE SERVICES FOR A DEFINED TERM (THE “INITIAL TERM”), THE TERMS WILL BE AUTOMATICALLY RENEWED FOR RENEWAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 5(E) (AUTOMATIC RENEWAL) BELOW. ANY RENEWAL TERMS SHALL BE BILLED AT THE COMPANY’S THEN CURRENT RATES.
IF YOU HAVE ANY TROUBLE OR DELAY WITH OUR SERVICE, PLEASE CALL 911 DIRECTLY USING YOUR PHONE.
ALL CALLS, VIDEO CALLS AND OTHER COMMUNICATIONS WITH A CITIZEN AGENT MAY BE RECORDED AND MONITORED BY SP0N FOR QUALITY ASSURANCE, ARCHIVAL PURPOSES AND TRAINING. YOU HEREBY CONSENT TO SUCH RECORDING AND MONITORING.
Table of Contents
Section 1: Some Important Features of Protect Services
Section 2: Your License to Use the Protect Services
Section 3: 911 Disclaimer
Section 4: Medical Advice Disclaimer
Section 5: Fees and Purchase Terms
- Service Subscription Fees
- Withholding Taxes
- Automatic Renewal
- Free Trial
Section 6: Term and Termination
- Prior Use
- Termination of Services by sp0n
- Termination of Services by You
Section 7: Indemnity
Section 8: Disclaimers and Limitations of Liability
- The Services are Available “AS-IS”
b. Limitation of Liability
d. Beta Features
Section 9: Important Note to New Jersey Consumers
Section 10: Governing Law
- Some Important Features of Protect Services
The Protect Service may help connect you with 911 emergency dispatch services to request assistance for you from applicable first responders ("Responders"), upon receipt by a Citizen Agent of a communication from you reporting an event or other need that requires such emergency assistance (a "Response Condition"). When you use the Protect Services to attempt to connect with a Citizen Agent, you agree that the Citizen Agent has the discretion to call 911 without further discussion with you and without your express request or further consent. This allows the Citizen Agents to use their discretion. The Citizen Agent may use the location of your cell phone and other information shared with Citizen, to the extent available, to help further direct Responders. In addition, the Citizen Agent retains the sole and absolute discretion to refrain from calling 911 if he or she believes the situation is inappropriate for any reason, including for example if the Citizen Agent believes the situation to be a prank, in which case you are always free to call 911 directly.
Following receipt of notice of a Response Condition, the Citizen Agent may seek additional information from you before alerting the Responders; provided, however, before alerting any Responders, the Citizen Agent may, in his or her sole and absolute discretion and without any liability direct you to call Responders directly. The Citizen Agent may stay on the phone with you after alerting the Responders.
Citizen Agents will use information provided by you, information generated by your mobile device and publicly available information to attempt to respond to a Response Condition. As part of the Services, Citizen Protect offers a variety of features intended to help you. None of them are foolproof.
For example, a Citizen Agent may use publicly available information online to try to help you find a different location that is open to the public, a “Safe Space,” if requested by you. We cannot guarantee the safety of such locations or that such locations will be open or available.
In addition, the Protect Services also may enable you to activate “Protect Mode”. This is intended to enable your mobile device to automatically connect with a Citizen Agent and/or trigger a Response Condition if certain sounds (e.g., a scream) that implies an emergency are detected using your mobile device. However, we cannot assure you that such sounds will be properly interpreted. Therefore, certain emergency conditions may not connect you with a Citizen Agent or trigger a Response Condition. Or the Protect Mode could interpret certain sounds to connote an emergency even if none if present.
Citizen Agents have discretion to make Response Conditions public incidents on the Citizen Services, meaning they may make a Response Condition a public incident without your request or refrain from making a Response Condition a public incident following your request in their sole discretion. Even if such Response Condition is made a public incident, you acknowledge that there may not be any users in close proximity. In any event, no user is obligated to provide assistance. Further, any responding user may not have the skills, training or equipment to assist you. sp0n is not responsible for the conduct of nearby users and such requests are made at your own risk. Please use your judgment, and treat the situation as if you were calling for help and a nearby stranger or strangers arrived. Nearby users do not work for Citizen; they are just other users like yourself, so you should await the Responders before asked for or accepting assistance.
You acknowledge nearby users alerted via your public incident may have the ability to record and report the incident on the Citizen application.
If you are responding to a public incident, please be aware that medical and criminal emergencies may present significant risks to you or third parties. If you are providing services or care to another user in response to a public incident, you do so at your own risk. In any event, we ask that you refrain from undertaking any physical intervention or aid and await the Responders. DO NOT PUT YOURSELF OR ANOTHER USER IN DANGER WHEN YOU RESPOND TO A PUBLIC INCIDENT. You are responsible for complying with all local laws and regulations, and for responding to and complying with any Responders such as the police.
- Your License to Use the Protect Services
sp0n grants you a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the Protect Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Protect Services as provided by sp0n, in the manner permitted by the General Terms and these Supplemental Terms.
You agree to comply with all applicable laws, rules and regulations and use the Protect Services only for legitimate purposes, e.g. those that are reasonably necessary to give effect to the goals of the Protect Services, and to be solely responsible in the event that you engage in any inappropriate conduct. You will use the Protect Services responsibly and safely, and to follow the direction of applicable authorities.
With respect to any mobile application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
You acknowledge and agree that the availability of the mobile application and the Protect Services is dependent on the third party from whom you received the mobile application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and sp0n and not with the App Store. Sp0n, not the App Store, is solely responsible for the Protect Services, including the mobile application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the mobile application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Protect Services, including the mobile application. You agree to comply with, and your license to use the mobile application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Protect Service, including the mobile application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that (i) these Supplemental Terms are concluded between you and sp0n only, and not Apple, and (ii) sp0n, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between sp0n and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of sp0n.
- You and sp0n acknowledge that, as between sp0n and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and sp0n acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between sp0n and Apple, sp0n, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
- You and sp0n acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- 911 Disclaimer
We cannot guarantee that the Protect Services will be able to connect you to 911 or other emergency services. Please call 911 directly using your phone if there’s any problem or delay.
The Protect Services or specific elements of the service (including provision of location information) may be unavailable for any number of reasons, including:
(1) congestion or other network failures between your mobile device and our facilities;
(2) faults in your mobile device
(3) problems with connectivity or operation, including issues with clarity, audio recognition or geolocation;
(4) unavailability of our facilities;
(5) if a Citizen Agent (who provides response and coordination to Response Incidents) is not available when you attempt to use the Protect Services;
(6) if your line or access to the government’s 911 call center is disabled or delayed, including if 911 service is unavailable due to problems at the government’s call center; or
(7) for other reasons beyond our control.
- Medical or Expert Advice Disclaimer
YOU MUST INDEPENDENTLY EVALUATE ANY ADVICE YOU MAY RECEIVE FROM CITIZEN AGENTS OR RESPONDERS, INCLUDING THE 911 OPERATOR THAT THE CITIZEN AGENT MAY CONNECT YOU WITH. WE CANNOT GUARANTEE THE PERFORMANCE OF THE 911 OPERATOR OR RESPONDERS THAT MAY ARRIVE.
NEITHER SP0N NOR ITS CITIZEN AGENTS INTEND TO PROVIDE MEDICAL OR EXPERT ADVICE OR DIAGNOSIS, AND THE PROTECT SERVICES ARE NOT DESIGNED FOR THAT PURPOSE. USE OF THE PROTECT SERVICES DO NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP OTHER KIND OF PROFESSIONAL RELATIONSHIP. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING TREATMENT FROM EMERGENCY RESPONDERS OR A MEDICAL PROFESSIONAL OR OTHER EXPERTS. IT IS IMPORTANT TO SEE YOUR DOCTOR OR A PHYSICIAN IF YOU WISH TO MAKE ANY FURTHER DECISION ABOUT YOUR HEALTH OR THE HEALTH OF YOUR FAMILY.
- Fees and Purchase Terms
You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide or have provided the application store from which you purchase the Protect Services with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Protect Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not these Supplemental Terms, to determine your rights and liabilities with respect to your use of your card. You agree that sp0n or the application store from which you purchase the Protect Services is authorized to immediately invoice your account for all fees and charges due and payable to sp0n hereunder and that no additional notice or consent is required. sp0n reserves the right at any time to change its prices and billing methods, either immediately upon posting on Citizen website (www.citizen.com), communicated via the Protect Services, or by e-mail delivery to you.
- Service Subscription Fees
You will be responsible for payment of the applicable fee for any Protect Services (each, a “Service Subscription Fee”) at the time you register for the Protect Services and select your monthly or annual subscription as may be available (each, a “Service Commencement Date”). Except as set forth in these Supplemental Terms, all fees for the Protect Services are non-refundable. No contract will exist between you and sp0n for the Protect Services until sp0n or the App Store accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
The payments required under Section 5(b) (Service Subscription Fees) of these Supplemental Terms do not include any Sales Tax that may be due in connection with the services provided under these Supplemental Terms. If sp0n determines it has a legal obligation to collect a Sales Tax from you in connection with these Supplemental Terms, sp0n shall collect such Sales Tax in addition to the payments required under Section 5(b) (Service Subscription Fees) of these Supplemental Terms. If any services, or payments for any services, under these Supplemental Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to sp0n, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify sp0n for any liability or expense sp0n may incur in connection with such Sales Taxes. Upon sp0n’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- Withholding Taxes
You agree to make all payments of fees to sp0n free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to sp0n will be your sole responsibility, and you will provide sp0n with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
- Automatic Renewal
Your subscription will continue indefinitely until terminated in accordance with these Supplemental Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at sp0n’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least 24 hours prior to the Renewal Commencement Date pursuant to Section 6(d) below. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize sp0n or the application store from which you purchase the Protect Services to charge your Payment Provider at the time you first purchase your subscription, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if sp0n or the application store from which you purchase the Protect Services does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that sp0n may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received.
- Free Trial
Any free trial or other promotion that provides access to the Protect Services, if expressly provided to you, must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee.
- Term and Termination
These Supplemental Terms become effective on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Protect Services, unless terminated earlier in accordance with these Supplemental Terms. If you or sp0n terminates these Supplemental Terms, or if sp0n suspends your access to the Services, you agree that sp0n shall have no liability or responsibility to you, and sp0n will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. sp0n further reserves the right to modify, suspend, or discontinue the Protect Services at any time with or without notice to you, and sp0n will not be liable to you or to any third party should it exercise such rights.
- Prior Use
Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Protect Services or (b) the date you accepted the these Supplemental Terms, and will remain in full force and effect while you use any Protect Services, unless earlier terminated in accordance with these Supplemental Terms.
- Termination of Services by sp0n
If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Supplemental Terms, or if sp0n is required to do so by law (e.g., where the provision of the Protect Services is or becomes unlawful), sp0n has the right to, immediately and without notice, suspend or terminate any Protect Services provided to you. You agree that all terminations for cause shall be made in sp0n’s sole discretion and that sp0n shall not be liable to you or any third party for any termination of your account.
- Termination of Services by You
If you want to terminate the Protect Services provided by sp0n, you may do so by managing your subscriptions in the Apple App Store or Google Play store. At this time, you may do so by logging into and going to the “Manage App Subscriptions” page in the Apple App Store or the “My Apps” page in the Google Play Store app, but the subscription management process may change in the future. The subscription management functions in the Apple App Store and Google Play Store will permit you to change your Account settings if you do not wish your subscription to renew automatically, or if you want to change or your subscription. The services will continue at the end of each Subscription Period unless you cancel your subscription in accordance with the procedure set forth in Section 5(e) (automatic renewal).
You will indemnify and hold harmless sp0n parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “sp0n Entities”) from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Protect Services, including your initiation of a response condition, (ii) any Content that you provide or (iii) your violation of these Supplemental Terms. You agree that the provisions in this section will survive any termination of your account, the Supplemental Terms and/or your access to the Services.
- Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of sp0n and the sp0n Entities. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- The Services are Available “AS-IS”
YOU AGREE THAT YOU ARE FREE TO CONTACT 911 OR OTHER EMERGENCY SERVICES DIRECTLY. USING THE PROTECT SERVICES INSTEAD OF CONTACTING 911 OR OTHER EMERGENCY SERVICES DIRECTLY IS YOUR CHOICE AND NOT REQUIRED, AND YOU ASSUME ANY RISKS ASSOCIATED THEREWITH. FURTHER, YOU UNDERSTAND THAT THE 911 OPERATOR AND EMERGENCY RESPONDERS AND ANY NEARBY USERS OPERATE INDEPENDENTLY FROM US AND WE CANNOT BE RESPONSIBLE FOR THEIR ACTS OR OMISSIONS.
YOU AGREE THAT YOU DO NOT HAVE TO MAKE A RESPONSE CONDITION A PUBLICLY AVAILABLE INCIDENT. YOU TAKE ANY SUCH ACTIONS AT YOUR OWN RISK AND WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF OTHER CITIZEN USERS RESPONDING TO SUCH PUBLIC INCIDENTS.
Your access to and use of the Protect Services or any Content are at your own risk. You understand and agree that the Protect Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE SP0N ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SP0N ENTITIES DISCLAIM ANY RESPONSIBILITY FOR ANY HARM, INJURY OR DEATH THAT MAY RELATE TO OR ARISE FROM USE OF THESE SERVICES. The sp0n Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, effectiveness, security or reliability of the Protect Services or any Content; (ii) any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Protect Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Protect Services; (iv) any claim that the Protect Services do not meet your requirements or are not available on an uninterrupted, secure, or error-free basis or (v) that the results that may be obtained from use of the Protect Services will be accurate or reliable.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SP0N OR THROUGH THE PROTECT SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
b. Limitation of Liability
YOU ACKNOWLEDGE THAT THE EVENTS THAT MAY LEAD TO A RESPONSE CONDITION OR NEARBY USER REQUEST ARE OFTEN INHERENTLY DANGEROUS, SUCH AS MEDICAL EMERGENCIES OR CRIMINAL EMERGENCIES. SUCH SITUATIONS HAVE THE POTENTIAL TO INFLICT PROPERTY DAMAGE, SIGNIFICANT BODILY HARM OR DEATH, AND THAT TIME IS OF THE ESSENCE IN RESPONDING TO THESE EVENTS. YOU FREELY AND EXPRESSLY CHOOSE TO INCUR ALL RISKS POSED BY USING THE PROTECT SERVICES IN RESPONSE TO SUCH EVENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SP0N ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) ANY PERSONAL INJURY, HARM OR DEATH ARISING FROM THE PROTECT SERVICES; (II) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PROTECT SERVICES OR THE RESULTS OF ANY PROTECT SERVICES INCLUDING NEARBY USER ASSISTANCE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY (INCLUDING OTHER USERS OF CITIZEN SERVICES RESPONDING TO A PUBLIC INCIDENT) IN CONNECTION WITH OR RELATED TO THE PROTECT SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE PROTECT SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SP0N ENTITIES HEREUNDER EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ANY SP0N ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PROTECT SERVICES.
Due to the potential for service interruption or outages on phone lines, internet service or mobile phone systems or other communication systems, none of which are within the control of sp0n, your connection to the Protect Services is not guaranteed. In addition, sp0n, will have no liability to you in the event that (a) your mobile device is out of the service area of the network provider and (b) if emergency responders are unable to locate you because you have not enable the GPS functionality of your mobile device or there is a failure in transmission of GPS information. sp0n is not responsible for, and shall have no liability with respect to, service interruption, outages or failure of customer’s telephone or data service.
Applicable law in states other than New Jersey (which is addressed in Section 9, below) may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations of liability may not apply to you, and you may have certain additional rights.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY RELEASE THE SP0N ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, CONTAGIOUS DISEASE OR DEATH THAT MAY BE SUSTAINED BY YOU WHILE USING OR IN CONNECTION WITH THE USE OF OR RELIANCE ON THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES. THIS RELEASE WILL BE BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ANY OTHER INTERESTED PARTIES.
You waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits. You acknowledge that the releases in these Supplemental Terms are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services. California Civil Code Section 1542 provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
d. Beta Features
FROM TIME TO TIME, SP0N MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT SP0N’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
- Important Note to New Jersey Consumers
If you are a consumer residing in New Jersey, the following provisions of these Supplemental Terms do not apply to you (and do not limit any rights that you may have) to the extent they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnity sp0n (for example, to the extent the scope of such indemnity is prohibited under New Jersey law).
- Governing Law
These Supplemental Terms shall be governed by the laws of the State of New York without regard to its conflict of laws provisions, and you agree to the exclusive jurisdiction of the courts in New York, New York for any dispute, claim or litigation arising out of or relating these Supplemental Terms or your use of the Protect Services.