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 END USER SERVICE AND LICENSE AGREEMENT VERSION 2013.2 IMPORTANT — READ CAREFULLY THIS IS A BINDING LEGAL DOCUMENT THIS END USER SERVICE AND LICENSE AGREEMENT (“END USER AGREEMENT”) CONVEYS, AMONG OTHER THINGS, YOUR AUTHORIZATION TO (UNDER CERTAIN CIRCUMSTANCES) USE AND DISSEMINATE YOUR PERSONAL INFORMATION AND OBTAIN INFORMATION ABOUT YOUR LOCATION. THIS END USER AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS CONCERNING THE RESOLUTION OF ANY DISPUTE WITH MYFORCE, INC. AND ITS SERVICE PROVIDERS. TO AGREE TO THIS END USER AGREEMENT, YOU MUST ACKNOWLEDGE AND ELECTRONICALLY SIGN THE END USER AGREEMENT BY TYPING YOUR NAME IN THE SPACE PROVIDED AND INDICATING YOUR ASSENT AS PROMPTED IN AN ELECTRONIC VERSION PRESENTED BY THE MYFORCE SYSTEM. BY AGREEING, YOU CONSENT TO ENTERING INTO A BINDING AGREEMENT THROUGH THIS ELECTRONIC FORMAT AND THAT YOU WILL BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. IF YOU DO NOT AGREE IN COMPLIANCE WITH THE FOREGOING, YOU ARE NOT AND WILL NOT BE AUTHORIZED TO USE THE MYFORCE SERVICE. YOUR USE OF THE MYFORCE SERVICE, EVEN IF UNAUTHORIZED, SHALL BE CONSTRUED AS YOUR CONSENT TO BE BOUND BY THE TERMS OF THIS END USER AGREEMENT. MINOR ADVISORY. IF YOU ARE AN END USER UNDER THE AGE OF 18, PLEASE REVIEW THIS END USER AGREEMENT WITH YOUR PARENT(S) OR LEGAL GUARDIAN. TO USE THE MYFORCE SERVICE, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN AND CONSENT TO YOU ENTERING INTO THIS LEGALLY BINDING END USER AGREEMENT. YOU ALSO WILL BE REQUIRED TO AGREE TO THIS END USER AGREEMENT. PARENTAL ADVISORY. IF YOU ARE A PARENT OR GUARDIAN OF AN END USER WHO IS A MINOR, BY ENTERING INTO THIS END USER AGREEMENT, YOU: (1) CONSENT TO YOUR CHILD’S ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS END USER AGREEMENT, (2) CONSENT TO YOUR CHILD'S REGISTRATION FOR AND USE OF THE MYFORCE SERVICE, (3) AGREE ON BEHALF OF YOURSELF AND YOUR CHILD TO BE BOUND BY THIS END USER AGREEMENT, AND (4) AGREE TO ENSURE YOUR CHILD COMPLIES WITH THE TERMS OF THIS END USER AGREEMENT. SECTION 1 DEFINITIONS For purposes of this End User Agreement, each of the following capitalized terms shall be attributed the meaning set forth below: “Authorized App Store” shall mean an application store authorized by the Company to make the MyForce App available for distribution via download to a Mobile Device, including the iTunes App StoreSM, Google Play™, and BlackBerry App World™. “Authorized Dealer” shall mean any entity authorized by the Company to offer and sell the MyForce Service. “Billing Account” shall mean any financial account established by you or a third party to satisfy membership fees and other charges that are in any way related to your use of the MyForce Service. “Carrier” shall mean a Service Provider that provides services for your Mobile Device, including: (i) cellular or wireless communication services for either voice or data, and (ii) location based services using the Global End User Service and License Agreement Version 2013.2—Effective September 1, 2013 Positioning System (“GPS”) satellite network, Assisted GPS (“AGPS”), cell tower or Wi‐Fi triangulation, or other means. “Company” shall mean the provider of the MyForce Service, namely MyForce, Inc. and its officers, directors, employees, agents, owners, and affiliated companies (including its parent company, subsidiaries, successors, and assigns, as may be applicable). “Domain Names” shall mean any and all domain names and subdomain names that are owned and registered by the Company. “End User” shall mean you, individually, as the person entering into this End User Agreement. Any references in this End User Agreement to “you” or “your” shall mean the End User. “End User Agreement” shall mean this End User Service and License Agreement, the current version of which is accessible at www.myforce.com/legal.pdf. “Force Majeure” shall mean any causes beyond a Service Provider’s reasonable control including, without limitation, floods, fires, tornadoes, hurricanes, lightning, earthquakes, epidemics, storms and other acts of god, labor shortages, strikes, walkouts, slowdowns or lockouts, electrical and other utilities outages or shortages, acts of a public enemy, civil commotions, acts of terrorism, acts of the government in either its sovereign or contractual capacity, governmental or other restrictions of any authority and the like. “Governing Agreements” shall mean those agreements between you and the Company that collectively govern your purchase and use of the MyForce Service, along with the privacy and use of your Personal Information, including the Terms of Payment, End User Agreement, and Privacy Policy. “Intellectual Property” shall mean, to the extent that any of the following are recognized anywhere in the world, the underlying asset giving rise to actual or potential intellectual property and/or proprietary rights, whether registered or unregistered, including without limitation copyrights, patent rights (including without limitation applications for patent protection), publicity rights, trade secret rights, and Trademarks (including applications for trademark registrations) rights in any way related to the MyForce Service. “Mobile Device” shall mean any technology device that is owned and provided by you, which must be free of any unauthorized tampering, as may be approved by the Company as a device compatible with the MyForce App. The functionality available through the MyForce App may vary and is dependent on the capabilities of your Mobile Device. To determine the exact functionality available for your Mobile Device you should check the information available on the Company’s website or contact the Company’s customer service department. “MyForce Account” shall mean any information provided by you or relating to your use of the MyForce Service that is compiled and maintained on the MyForce System (which may or may not be accessible to you) and includes one or more of the following: Billing Account, Personal Information, MyForce alert and incident information (including audio and/or video of incidents, as may be available), information related to any MyForce membership purchased for yourself and/or another person, your use of the Company’s website, and other related activities. “MyForce App” shall mean the MyForce software application that is downloaded to a Mobile Device from an Authorized App Store and allows an End User to, at a minimum, initiate an alert from the Mobile Device to the MyForce System. The functionality of the MyForce App is dependent on the capabilities of your Mobile Device, services provided by your Carrier, and the version of the MyForce App. This definition of MyForce App shall be interpreted to include all future enhancements, updates, upgrades, modifications, or revisions to the MyForce App made by the Company from time to time at its sole discretion and offered either to the public generally or as may be customized for and/or offered to specific users, clients, or channel partners. “MyForce Service” shall mean, individually and collectively, the offering, provision and maintenance of products and services provided to you as the End User under the terms of this End User Agreement, including the MyForce System, MyForce App, MyForce Account, MyForce websites, Domain Names, Supporting Services, and any other system, process, technology, product, or service necessary for their provision and/or operation. This definition of the MyForce Service shall be interpreted to include all future enhancements, updates, upgrades, modifications, or revisions to the underlying or related technologies. 2
End User Service and License Agreement Version 2013.2—Effective September 1, 2013 “MyForce System” shall mean (individually and collectively) the technologies, computer software programs (including any applications that are hosted or downloaded and installed on computers or any mobile devices), computer hardware and hosting environments that are necessary for the proper operation and support of the MyForce Service, including, without limitation, technologies used to: (i) receive alerts from the MyForce App, (ii) electronically notify monitoring operators responsible for managing specific incidents; (iii) identify (and electronically notify, if available) emergency response dispatch or personnel closest to the location of the alert; (iv) compile, manipulate, display and manage data or other information about alerts initiated under your MyForce Account (including available audio and video recordings, location information, notes entered by monitoring personnel, and data generated by the system itself); (v) establish and maintain your MyForce Account, Billing Account, and Personal Information, and (vi) the Company’s websites. This definition of MyForce System shall be interpreted to include any technologies leveraged by or integrated into the MyForce System, as well as all future enhancements, updates, upgrades, modifications, or revisions to the MyForce System made by the Company from time to time at its sole discretion and offered to the public generally or as may be customized for and/or offered to specific users, clients, service providers, or channel partners. “Personal Information” shall mean any data, information, message, audio or video recording, communication, statement, or report that is specifically related to your identity, stored in or recorded by the MyForce System, and not otherwise publically available, including without limiting the foregoing: (i) the information in the Billing Account, (ii) profile information provided by you during registration, such as physical description, address, email address, telephone and mobile numbers, known security risks, medical information, emergency contact information, automobile information, driver license number, User Codes, and any other information requested during registration that specifically relates to your identity; and (iii) information compiled by the MyForce System relating to a MyForce alert triggered from your Mobile Device, including audio and video recordings and location information, as well as incident notes entered by monitoring operators or other personnel responding to an alert. Notwithstanding the foregoing, the definition of Personal Information does not include any information that is not personally identifiable or confidential in nature (such as general information concerning your usage of the MyForce System as may be aggregated with other data from other users of the MyForce System). “Privacy Policy” shall mean those policies and procedures followed by the Company relating to the protection and use of non‐public, Personal Information. The current version of the Privacy Policy can be found at www.myforce.com/privacy.pdf and is incorporated herein by this reference. “Service Area” shall mean only the continental United States, Alaska, and Hawaii, and all provinces of Canada except for Quebec, Yukon, Northwest Territories and Nunavut, as further limited to only those areas that have cellular coverage for your Mobile Device. “Service Provider” shall mean, individually and collectively, the Company and any individual or entity that provides any aspect of the MyForce Service (as well as each of their respective officers, directors, employees, agents, owners, successors, assigns and heirs), including without limitation any provider of Supporting Services and any licensor or provider of technologies or products integrated with the MyForce Service. “Supporting Services” shall mean any and all services performed by the Company, a Service Provider, or any other entity or individual that relates to the operation, support or promotion of any aspect of the MyForce Service, including without limitation: (i) emergency response services (including those provided by individuals, public authorities or private entities) in response to an alert initiated from the MyForce App, including but not limited to alert monitoring and management services, notifications of any nature to emergency dispatch or emergency response personnel, and provision and/or dissemination of Personal Information to assist during or after the resolution of a crisis situation, (ii) technical or customer support services, (iii) services that in any way relate to sales, promotion or distribution of the MyForce Service, (iv) any services provided in the creation, production, publication or dissemination of any MyForce advertising or marketing, (v) public relations services, (vi) payment processing, (vii) services provided by Carriers, (viii) location based services, and (ix) technology services, including data center and/or hosting services, routine data or file processing, and storage of archived information. “Terms of Payment” shall mean the terms and conditions that govern all aspects of a Billing Account established on the MyForce System and any payments required or made that relate to the MyForce Service. The Terms of 3
End User Service and License Agreement Version 2013.2—Effective September 1, 2013 Payment is incorporated herein by this reference if you establish a Billing Account. The current version of the Terms of Payment can be found at www.myforce.com/payment.pdf. “Third Party Advertiser” shall mean any third party that either: (i) advertises the MyForce Service in any manner and through any medium; or (ii) has their products or services featured by the Company, including advertisements on the MyForce website, MyForce App or MyForce System. “Trademark” shall mean any registered or otherwise protected trademarks, trade names, service marks, service names, logos and any protections from trademark dilution owned by the Company. MyForce® is a registered trademark of MyForce, Inc. NEVER WALK ALONE™ is a trademark pending registration that is owned by MyForce, Inc. Other trademarks may be used by the Company pursuant to licensing arrangements with various third parties. “User Codes” shall mean your username, password, Personal Identification Number (“PIN”), and Safe Word, as such terms are further defined in Section 5.3 herein. SECTION 2 SCOPE AND TERM OF AGREEMENT 2.1 Governing Agreements. This End User Agreement is a legal agreement between you as the End User and the Company and governs the provision and use of the MyForce Service. The Privacy Policy governs the collection, use, dissemination, and retention of any non‐public, Personal Information collected or compiled by the MyForce System or provided by you as part of your MyForce Account. If the Billing Account is established and maintained directly with the Company on the MyForce System, the Terms of Payment shall govern all aspects of the Billing Account, any payments required or made that relate to the MyForce Service, changes to membership fees or other charges, and the Company’s policy concerning refunds. Other terms and conditions may apply if the Billing Account is established and maintained through a commercial account, the iTunes App Store or an Authorized Dealer. This End User Agreement shall control with respect to: (i) any conflicting term set forth in any other agreement related to the MyForce Service, and (ii) any dispute between you and the Company or any other Service Provider. 2.2 End User Requirements. As an End User of the MyForce Service, you must be a resident within the Service Area and at least 13 years of age. If you are under the age of 18, you and your parent or legal guardian must agree to this End User Agreement. If you do not meet the definition of an End User, do not accept this End User Agreement or use the MyForce Service. 2.3 Third Party Beneficiaries. This End User Agreement is solely for your benefit as the End User and does not create any enforceable rights by anyone other than you. Service Providers are intended beneficiaries of this End User Agreement; and therefore, such parties are entitled to enforce this End User Agreement. 2.4 Term. This End User Agreement shall commence upon you accepting the terms when this End User Agreement is presented during the registration process and continue in full force and effect until the end of the paid‐for subscription period (including any renewals thereof), unless terminated earlier or superseded by a new version of this End User Agreement that is published by the Company, as provided herein. 2.5 Termination, Cancellation and Revocation. This End User Agreement will automatically terminate at the end of your paid‐for subscription period if: (i) your MyForce membership is cancelled at any time prior to your renewal date, (ii) payment for renewal membership fees are not processed within fifteen (15) days after your renewal date, or (iii) you do not agree to a revised version of the Governing Agreements that are required by the Company for continued use of the MyForce Service. If your MyForce membership is cancelled, the MyForce Service will continue without interruption through the last day of the paid‐for subscription period, which shall be the effective date of the termination. Additionally, the Company reserves the right to immediately revoke any license granted hereunder and terminate this End User Agreement if you attempt to use any aspect of the MyForce Service in an unauthorized manner, in a manner that is not intended by the Company, or in contravention of End User’s obligations set forth herein. If the Company revokes your access to your MyForce Account and/or the use of the MyForce Service, this End User Agreement will terminate effective at the time of revocation. SECTION 3 GRANT & TERMINATION OF LICENSES In consideration for the performance of all material obligations under this End User Agreement and subject to the limitation contained herein, the Company hereby grants the End User, and you hereby accept, a nontransferable, 4
End User Service and License Agreement Version 2013.2—Effective September 1, 2013 nonexclusive, revocable, limited license to access and use the MyForce Service (including the MyForce App and your MyForce Account) within the Service Area in accordance with the terms and conditions set forth in this End User Agreement and in a manner intended for authorized use. This license shall become effective upon accepting this End User Agreement and remain valid until this End User Agreement is terminated as provided hereunder. The Company hereby reserves and retains all ownership, proprietary, or other rights not expressly granted hereunder. There is no monetary charge for the license granted hereunder; however, the MyForce App will not interface with the MyForce System unless you subscribe to the MyForce Service for which there will be a periodic membership fee. The license granted herein allows the End User to download the MyForce App from an Authorized App Store to a single Mobile Device at any given time and to use the MyForce App and access your MyForce Account in accordance with this End User Agreement. This license is granted only to you as the End User and may not be shared with or transferred to any third party. This license does not allow you to operate the MyForce App on more than one Mobile Device at any given time; however, you may transfer this license for use on a different Mobile Device owned by you after deactivating any previously installed versions of the MyForce App on any other Mobile Device. You may not transfer, rent, lease, lend, or sublicense your MyForce license to a third party. SECTION 4 OWNERSHIP OF PROPRIETARY RIGHTS AND USAGE RESTRICTIONS 4.1 Intellectual Property Rights. The following property is owned by and constitutes the Intellectual Property of the Company or other Service Provider or lawfully used by the Company or Service Provider pursuant to one or more valid licensing agreements: the MyForce App, the MyForce System, the MyForce websites, Domain Names, the business processes underlying any aspect of the MyForce Service, any Trademarks used or displayed in connection with the MyForce Service, along with any goodwill created through the use and/or marketing of the foregoing. All such Intellectual Property is protected by applicable copyright, patent, trademark or other intellectual property law. You acknowledge that this End User Agreement does not convey or grant any Intellectual Property or other proprietary right to you except for the limited licenses set forth in Section 3. You hereby agree to refrain from doing or causing, directly or indirectly, any act that might impair the owner’s rights, title, or interest in any of the Intellectual Property. 4.2 Usage Restrictions. EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, YOU MAY NOT COPY, REPRODUCE, REVERSE ENGINEER, DECOMPILE, TRANSMIT, SELL, DISPLAY, DISTRIBUTE, PUBLISH, BROADCAST, CIRCULATE, MODIFY, DISSEMINATE, OR COMMERCIALLY EXPLOIT THE COMPANY’S INTELLECTUAL PROPERTY IN ANY MANNER WITHOUT THE WRITTEN CONSENT OF THE COMPANY OR, IF NOT OWNED BY THE COMPANY, THE WRITTEN CONSENT OF THE OWNER OF SUCH INTELLECTUAL PROPERTY. 4.3 Information Submitted By You. DO NOT SEND THE COMPANY INFORMATION THAT YOU CONSIDER PROPRIETARY. Any feedback, data, answers, questions, comments, suggestions, ideas, concepts, know‐how, or similar information that you send to the Company will not be treated as confidential or proprietary. Other than your Personal Information, the Company assumes no obligation to protect information provided by you from disclosure and will be free to reproduce, use, disseminate, and commercially exploit the information without restriction and without any obligation to you. SECTION 5 END USER OBLIGATIONS 5.1 Acceptable Use Policy. You are solely responsible for any and all acts and omissions that occur under your account or User Codes, and you agree not to engage in unacceptable use of the MyForce Service, 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 MyForce System; (ii) intentionally transmitting a false or unjustified alert through the MyForce App; (iii) disseminating or transmitting any messages that do not pertain to the intended use of the MyForce Service 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 hosted on the MyForce System; (vii) attempting to copy, modify, or reverse 5
End User Service and License Agreement Version 2013.2—Effective September 1, 2013 engineer the MyForce App, MyForce System or any other aspect of the MyForce Service; (viii) downloading the MyForce App from an unauthorized site or using the MyForce App without first agreeing to this End User Agreement as it may be amended from time to time; (ix) using or attempting to use the MyForce App with any cellular or other network other than a Company‐approved Carrier or on a Mobile Device that has been tampered with in contravention of rules established by a Carrier or manufacturer of the Mobile Device; (x) allowing any other person to use the Mobile Device in connection with the use of the MyForce App other than on your behalf; (xi) using the MyForce App in a manner that exploits or violates the personal privacy of another individual; (xii) using the MyForce App and/or MyForce System outside the Service Area or in any manner that is prohibited by or in violation of the applicable local laws within the Service Area; and (xiii) engaging in any other activity deemed by the Company to be in conflict with the spirit or intent of this End User Agreement or the intended use of the MyForce Service. The Company reserves the right to impose financial penalties or usage limits, or terminate your license to use the MyForce Service for your failure to abide by this Acceptable Use Policy. You agree that you will be responsible for any charges resulting from your breach of your responsibilities set forth in this Section 5 and that the Company may use the Billing Account for payment of such charges. 5.2 End User Responsibilities. You hereby agree and understand that it is solely your responsibility to: (i) create and maintain a complete and accurate profile in your MyForce Account, including a working email account to receive notices from the Company and the correct mobile phone number associated with the Mobile Device to facilitate communication with you during an active alert; (ii) properly download and install the MyForce App from an Authorized App Store; (iii) use a compatible Mobile Device that has an operating system supported by the MyForce App, is in good working order, and free of any improper tampering; (iv) accept all permissions requested by the MyForce App upon initial download, including the permission to access and use location information; (v) properly configure your Mobile Device to work with the MyForce App, including, without limitation, enabling location services to access all networks (e.g., GPS, cellular, and wireless) to locate your position and ensuring there is sufficient battery life and file storage capacity necessary for the proper operation of the MyForce App; (vi) obtain the necessary services for the proper operation of the MyForce App from an approved Carrier; (vii) maintain an account in good standing with an approved Carrier, including, without limitation, paying for any charges related to the use of your Mobile Device (including, without limitation, charges related to cellular transmissions, SMS or other text messaging, and other data transmissions) even if those charges arise as a result of using the MyForce App; (viii) pay for any charges imposed by a local authority related to emergency response personnel responding to an alert initiated under your account, regardless of whether that alert was a false alarm or based on a real crisis; (ix) pay for all charges arising from the use of the MyForce Service; (x) properly download and install any updates to or new versions of the MyForce App that are applicable to your Mobile Device; and (xi) agree to any other agreements presented by the MyForce System as may be required by a Service Provider to obtain products or services necessary for the proper operation of the MyForce Service. 5.3 User Codes. You must establish a PIN to access your profile information or cancel an alert within the MyForce App. You must establish a username (your registered email address) and password to login and access your MyForce Account through the MyForce website. You will also be required to establish a Safe Word to ensure your identity and safety can be confirmed by MyForce monitoring operators. The User Codes are for your personal use only. You are responsible for maintaining the confidentiality of the User Codes and for establishing sufficient controls and taking such actions to protect against disclosure of your User Codes. You are responsible for all statements made, acts or omissions that relate to your MyForce Account or the use of the MyForce App while access is obtained using your User Codes, regardless of whether you authorize such use. You are responsible for any damages, losses, costs, or breaches of security incurred or caused by your failure to maintain the confidentiality of your User Codes or your allowance of the use of the MyForce App or your MyForce Account by anyone other than yourself. You agree to IMMEDIATELY notify the Company if you become aware or suspect that your User Codes have been lost, stolen, or compromised in any way, or if you become aware of possible or actual unauthorized use of any aspect of the MyForce Service. 5.4 Terms of Payment. In order to maintain an active MyForce membership and have use of the MyForce Service, you are responsible for ensuring that all membership fees and other charges are paid in full. If you establish a Billing Account on the MyForce System, the Terms of Payment shall be incorporated herein by this 6
End User Service and License Agreement Version 2013.2—Effective September 1, 2013 reference and govern: (i) all aspects of establishing and maintaining a Billing Account, (ii) payments for the MyForce membership fees and other charges related to the MyForce Service, (iii) renewal pricing and any changes to membership fees; and (iv) any permissible refund of amounts paid by you. If your MyForce membership is paid for by someone else, the MyForce Terms of Payment shall apply to that third party as it relates to your MyForce Account; however, you are still responsible for ensuring payment to continue using the MyForce Service. If you have purchased your MyForce membership through an authorized partner (e.g., iTunes App Store, channel partner, or authorized dealer), you may be subject to other terms and conditions of payment between you and such third‐party provider. Regardless of the type of account established to pay for the MyForce Service, you hereby consent to the Company charging the applicable paying account for all membership fees and other charges related to the MyForce Service that become payable while your membership remains active. 5.5 Refund Policy. If you establish a Billing Account on the MyForce System, your purchase of the MyForce Service is final and you will not be entitled to a refund except as provided in the Terms of Payment, a particular MyForce Service offer, or as required by applicable law. If you purchase the MyForce Service from an authorized partner, that partner’s refund policy will apply to your purchase. SECTION 6 PRIVACY & CONFIDENTIALITY OF INFORMATION 6.1 General Privacy Guidelines. The Company will abide by applicable laws, rules, and regulations relating to the privacy of non‐public, personal information. The Company will also adhere to the MyForce Privacy Policy, which sets forth the means by which and types of information the Company collects through the use of the MyForce App, the MyForce System, and any MyForce website. The Company will take commercially reasonable actions to ensure that any Personal Information collected from you or processed on your behalf will remain secure and used only in a manner consistent with this End User Agreement and the Privacy Policy. You understand and agree that the use of any information (personal or otherwise) provided to an Authorized Dealer or a Third Party Advertiser shall not be governed by or subject to the protections afforded under this End User Agreement or the Privacy Policy. If you interact with an Authorized Dealer or Third Party Advertiser you should be aware that: (i) the governing security and privacy policy may be less protective than that provided by the Company, (ii) such parties may market to you and continue to market to you as a result of your interaction, (iii) you should contact such party directly if you desire to opt out of its marketing campaigns, and (iv) any relationship between you and such party shall be at your own risk. 6.2 Consent & License to Use Personal Information. You hereby grant to the Company and its Service Providers a license to collect, store, retain, use, display, and disseminate your Personal Information in accordance with the Privacy Policy and this End User Agreement to manage your account, provide the services promised to you, fulfill any other obligations under this End User Agreement, comply with legal requirements, prevent fraud or misuse of the MyForce Service, protect the Company’s rights or property, send you notifications concerning the MyForce Service (including updates, usage tips, refer‐a‐friend requests, offers for new or additional products or services), or as otherwise required hereunder. If a communication is directed to you, it may be initiated by using your phone number, email address, or home address maintained as part of your MyForce Account. By agreeing to this End User Agreement, you authorize the Company to use your information for such purposes and you hereby consent to such communications. IF AN ALERT IS SENT FROM YOUR MOBILE DEVICE, YOU AUTHORIZE THE COMPANY AND APPROPRIATE SERVICE PROVIDERS TO DISSEMINATE YOUR PERSONAL INFORMATION TO APPROPRIATE THIRD PARTIES (INCLUDING PERSONNEL INVOLVED WITH EMERGENCY DISPATCH, LAW ENFORCEMENT, EMERGENCY RESPONSE, AND PRIVATE SECURITY) WHO MAY FACILITATE OR PROVIDE THE EMERGENCY RESPONSE OR CONDUCT FOLLOW UP INVESTIGATIONS. IF YOUR PERSONAL INFORMATION IS DISSEMINATED IN ACCORDANCE WITH THE PRIVACY POLICY AND THIS END USER AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR SUCH DISCLOSURE AND YOU SHALL HOLD HARMLESS THE COMPANY AND ALL SERVICE PROVIDERS FROM ANY CLAIMS RELATING TO SUCH DISCLOSURE OR USE OF YOUR PERSONAL INFORMATION. 6.3 Use of Other Information. You agree that the Company may collect, aggregate, and/or use without limitation or restriction other information that does not personally identify you on its own or after it has been aggregated with other data, including information provided by you or related to your use of the MyForce Service 7
End User Service and License Agreement Version 2013.2—Effective September 1, 2013 or the MyForce websites. The Company periodically collects and aggregates such information to evaluate and facilitate the provision of product updates, customer support and other services related to the MyForce Service that may be provided by the Company. SECTION 7 DISCLAIMERS AND LIMITATIONS OF THE MYFORCE SERVICE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. 7.1 Feature Limitations. Your access to and use of the MyForce App and the features available to you will depend on the capabilities of your Mobile Device, the services provided by your Carrier, your specific membership for the MyForce Service, and the version of the MyForce App. Information provided in any advertisement, marketing material, or the Company’s website may describe features or benefits that are not available to you because of the above‐described limitations or may not be available because they are offered only to a limited audience or locale. Additionally, the Company may change the features of the MyForce Service at any time without notice to you. It is your responsibility to determine the features of the MyForce App that are available to you through your own investigation or contacting the Company’s customer service department. 7.2 Emergency Response Limitations. The MyForce monitoring operators responding to an alert initiated by you through the MyForce App may, if in their sole discretion it is deemed appropriate under the circumstances, notify emergency response personnel (e.g., police, fire department, ambulance) to provide you with on‐location assistance. Based on information transmitted through the MyForce System, the monitoring operators will use commercially reasonable efforts to assess the nature and location of your situation. THE MYFORCE MONITORING OPERATORS WILL NOT NOTIFY EMERGENCY RESPONSE PERSONNEL UNLESS THEY CAN CONFIRM: (A) YOUR LOCATION WITHIN REASONABLE ACCURACY, AND (B) THAT AN EMERGENCY ACTUALLY EXISTS. NO SERVICE PROVIDER GUARANTEES 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. 7.3 Availability and Performance Limitations. NO SERVICE PROVIDER MAKES ANY GUARANTEE OF THE AVAILABILITY OR PERFORMANCE OF THE MYFORCE SERVICE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME THE MYFORCE APP AND/OR MYFORCE SYSTEM MAY BE INACCESSIBLE, INOPERABLE, EXPERIENCING PERFORMANCE DEGRADATION, OR MAY NOT PERFORM AS DESIRED OR DESIGNED FOR VARIOUS REASONS, INCLUDING BUT NOT LIMITED TO: (A) THE LACK, DEGRADATION, OR INTERRUPTION OF CONNECTIVITY, FUNCTIONING OR AVAILABILITY OF VARIOUS TECHNOLOGIES THAT ARE NECESSARY FOR PROPER OPERATIONS OF THE MYFORCE SERVICE, INCLUDING BUT NOT LIMITED TO THE INTERNET, TELECOMMUNICATIONS, DATA CONNECTIONS, CELLULAR, WIRELESS OR SATELLITE SERVICES PROVIDED BY YOUR CARRIER TO YOUR MOBILE DEVICE; (B) PERIODIC MAINTENANCE OR ENHANCEMENTS TO THE MYFORCE APP AND/OR MYFORCE SYSTEM, (C) OPERATION MALFUNCTION OR FEATURE LIMITATIONS, INCLUDING THE INABILITY TO OBTAIN AUDIO, VIDEO OR LOCATION INFORMATION DURING AN ALERT; AND (D) YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS SET FORTH IN SECTION 5 OF THIS END USER AGREEMENT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDERS ARE NOT RESPONSIBLE AND SHALL IN NO WAY BE LIABLE FOR DELAYS OR INTERRUPTIONS IN OR LACK OF AVAILABILITY OF THE MYFORCE SERVICE OR FAILURE OF THE MYFORCE SERVICE TO PERFORM AS DESIRED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THIS MYFORCE SERVICE IS ONLY AVAILABLE IN THE SERVICE AREA AND ONLY TO THE EXTENT THAT YOUR MOBILE DEVICE IS ABLE TO OBTAIN CELLULAR AND WIRELESS COMMUNICATIONS WITH THE MYFORCE SERVICE AND TRANSMIT LOCATION INFORMATION WITH REASONABLE ACCURACY. MYFORCE SERVICES ARE NOT AVAILABLE IN CERTAIN PARTS OF CANADA, NAMELY, THE PROVINCE OF QUEBEC, THE YUKON, NORTHWEST TERRITORIES OR NUNAVUT. YOU HEREBY FURTHER ACKNOWLEDGE AND AGREE THAT NOT ALL MYFORCE SERVICES ARE AVAILABLE EVERYWHERE OR ALL OF THE TIME WITHIN THE SERVICE AREA, PARTICULARLY IN REMOTE OR ENCLOSED AREAS. 7.4 Force Majeure. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL A SERVICE PROVIDER BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN EVENT OF FORCE MAJEURE. 7.5 Disclaimer of Warranties. SUBJECT TO APPLICABLE LAW, THE MYFORCE SERVICE IS PROVIDED “AS IS”, “WITH ALL FAULTS”, “WHERE AVAILABLE” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, CONDITIONS OR 8
End User Service and License Agreement Version 2013.2—Effective September 1, 2013 WARRANTIES OF ANY KIND. SUBJECT TO APPLICABLE LAW, EACH SERVICE PROVIDER HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, USEFULNESS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, AND USAGE OF TRADE. NO SERVICE PROVIDER WARRANTS THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION OR NOTIFICATIONS TRANSMITTED THROUGH THE MYFORCE SYSTEM AND EACH SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH TRANSMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT EACH SERVICE PROVIDER CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR COMPLETELY SECURE ACCESS TO THE MYFORCE APP AND/OR MYFORCE SYSTEM, OR THAT LOCAL AUTHORITIES (INCLUDING, WITHOUT LIMITATION, POLICE, FIRE, AMBULANCE, OR OTHER EMERGENCY RESPONSE PERSONNEL) WILL BE NOTIFIED OF OR RESPOND TO AN ALERT INITIATED BY YOU THROUGH THE MYFORCE APP. 7.6 Conflicting Law. SOME JURISDICTIONS MAY NOT ALLOW A WAIVER OR LIMITATION ON WARRANTIES OR GUARANTEES OR THE DURATION THEREOF. IF YOU RESIDE IN SUCH A JURISDICTION, CERTAIN LIMITATIONS, WAIVERS OR EXCLUSIONS SET FORTH IN THIS SECTION 7 MAY NOT APPLY TO YOU. SECTION 8 ALLOCATION OF RISK READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. 8.1 Limitation of Liability. SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL A SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COST OF PROCURING SUBSTITUTE SERVICES, DAMAGE TO REPUTATION, LOST PROFITS, LOSSES, OR OTHER EXPENSES) ARISING IN CONNECTION WITH THE PROVISION OR USE OF THE MYFORCE SERVICE, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON FRAUD, MISREPRESENTATION, CONTRACT, TORT (WHETHER INTENTIONAL OR BASED ON NEGLIGENCE, GROSS NEGLIGENCE OR RECKLESSNESS), PERSONAL INJURY, DEATH, INVASION OF PRIVACY, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE, OR WHETHER THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, CLAIMS RELATED TO: (i) THE UNAVAILABILITY OF THE MYFORCE SYSTEM AND/OR MYFORCE APP, (ii) UNAUTHORIZED ACCESS TO THE MYFORCE APP, MYFORCE SYSTEM OR YOUR PERSONAL INFORMATION, (iii) ANY ERROR, OMISSION OR FAILURE OF PERFORMANCE, (iv) ANY SYSTEM FAILURE, INCLUDING THOSE RESULTING IN INTERRUPTION, DEFECT, OR DELAY IN OPERATION, TRANSMISSION, OR EMERGENCY NOTIFICATION, AND (v) ANY VIRUS AFFECTING THE MYFORCE SYSTEM, MYFORCE APP, YOUR COMPUTER, OR YOUR MOBILE DEVICE. IF YOU ARE DISSATISFIED WITH THE MYFORCE SERVICE FOR ANY REASON, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE MYFORCE SERVICE AND CANCEL THE MEMBERSHIP. YOU AGREE THAT THE AGGREGATE AND COLLECTIVE MAXIMUM LIABILITY OF ALL SERVICE PROVIDERS TO YOU BASED ON ANY LEGAL THEORY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF $2,000 USD AND THE CHARGES PAID BY YOU FOR THE MYFORCE SERVICE THROUGH THE DATE OF THE OCCURRENCE GIVING RISE TO THE CLAIM. YOU WAIVE ALL RIGHTS OF SUBROGATION OR ANY OTHER RIGHT OF RECOVERY AGAINST THE COMPANY AND ANY OTHER SERVICE PROVIDER THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR ANY LOSS OR INJURY TO ANY PERSON. IN ADDITION, YOU AGREE THAT YOU SHALL NOT BRING ANY CLAIM OR ACTION AGAINST ANY SERVICE PROVIDER ARISING FROM YOUR USE OF THE MYFORCE SERVICE. 8.2 Conflicting Law. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, CERTAIN LIMITATIONS OR EXCLUSIONS SET FORTH IN SECTION 8.1 MAY NOT APPLY TO YOU. 8.3 Reliance on Limitations. You acknowledge that the Company has set its prices and entered into this End User Agreement in reliance upon the limitations and disclaimers of liability, damages, and warranties set forth in this End User Agreement, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in this End User Agreement will survive termination and apply even if found to have failed their essential purpose. 9
End User Service and License Agreement Version 2013.2—Effective September 1, 2013 8.4 Indemnification. SUBJECT TO APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH SERVICE PROVIDER FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE THAT ARISE FROM PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, INVASION OF PRIVACY OR ANY SIMILAR TORT), LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS) INCURRED BY A SERVICE PROVIDER IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATED TO UNAUTHORIZED OR INAPPROPRIATE USE OF THE MYFORCE APP OR MYFORCE SYSTEM BY YOU OR ANYONE ELSE WHO USES YOUR MOBILE DEVICE OR USER CODES. IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, YOU AGREE TO USE YOUR BEST EFFORTS TO COOPERATE WITH EACH SERVICE PROVIDER IN THE DEFENSE OF ANY SUCH CLAIM. EACH SERVICE PROVIDER RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. SECTION 9 DISPUTE RESOLUTION READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. AS SET FORTH BELOW, YOU UNDERSTAND AND KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND THE COMPANY ARE: (1) WAIVING THE RIGHT TO A TRIAL BY JURY, (2) SUBMITTING ANY UNRESOLVED DISPUTE TO BINDING ARBITRATION, AND (3) WAIVING THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN ANY CLASS ACTION PROCEEDING. 9.1 Dispute Defined. This Section 9 shall apply to any dispute, claim, or controversy between you and the Company or any Service Provider (or any of their respective successors, assigns, or heirs) in any way related to or arising out of the provision or use of the MyForce Service or your Personal Information and any other matter related to, governed by, or arising out of any Governing Agreement, whether based in contract, tort or otherwise or brought individually, jointly or as part of a class (“Dispute”). A Dispute shall also include any issue related to the enforceability or applicability of any provision of this Section 9. 9.2 Good Faith Negotiations. To the extent permitted by law, you and the Company agree to attempt to resolve any Dispute that might arise by first discussing the relevant issues in good faith without the intervention of third parties. 9.3 Governing Law. You and the Company agree that any Dispute shall be governed and resolved by applying the substantive laws of the State of Colorado and the United States without regard to conflict of laws principles. 9.4 Binding Arbitration. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY HEREBY AGREE THAT ANY DISPUTE (AS DEFINED IN SECTION 9.1) THAT CANNOT BE RESOLVED THROUGH INFORMAL NEGOTIATIONS BETWEEN THE PARTIES SHALL BE FINALLY RESOLVED BY CONFIDENTIAL, BINDING, NON‐
APPEALABLE, AND ENFORCEABLE ARBITRATION. THE DISPUTE SHALL BE BROUGHT BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) LOCATED IN DENVER, COLORADO UNDER THE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER‐
RELATED DISPUTES. YOUR RIGHTS SHALL BE FINALLY RESOLVED BY ONE OR MORE NEUTRAL ARBITRATOR(S) (NOT A JUDGE OR JURY), WHOSE DECISION WILL BE AS ENFORCEABLE AS A COURT ORDER AND SUBJECT TO VERY LIMITED REVIEW, IF ANY, BY A COURT. YOU AND THE COMPANY AGREE TO GIVE UP THE RIGHT TO LITIGATE ANY DISPUTE IN COURT IN FRONT OF A JUDGE OR JURY. MORE INFORMATION CONCERNING ARBITRATION AND THE PROCEDURE TO FILE A CLAIM CAN BE FOUND ON THE AAA WEBSITE (www.adr.org) OR BY CALLING 1(800)778‐
7879. 9.5 Alternative Jurisdiction and Venue. If the arbitration requirements of Section 9.4 are held to be invalid by a court of competent jurisdiction or do not apply for any other reason, YOU AND THE COMPANY AGREE TO WAIVE ANY TRIAL BY JURY and to submit to the exclusive jurisdiction, including in personam jurisdiction, and venue of the appropriate state or federal court located in Denver, Colorado, USA for any and all Disputes. 9.6 Class Action Waiver. YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN ANY CLASS ACTION PROCEEDING IN ANY WAY RELATED TO THE MYFORCE SERVICE. You and the Company agree that any proceedings to resolve any Dispute, whether in arbitration, court, or otherwise, will 10
End User Service and License Agreement Version 2013.2—Effective September 1, 2013 be conducted solely on an individual basis, and that neither you nor the Company will seek to have any Dispute heard as a class action, representative action, collective action, private attorney‐general action, or in any proceeding in which you or the Company acts or proposes to act in a representative capacity or in which a third party brings an action on behalf of you or the Company. You and the Company further agree that no arbitration or judicial proceeding will be joined, consolidated, or combined with another arbitration or judicial proceeding without the prior written consent of you, the Company and any other parties to any such arbitration or judicial proceeding. 9.7 Limitation of Actions. To the extent permitted by applicable law, you and the Company agree that any Dispute must be filed in an appropriate forum (through arbitration or, if disallowed, in court) within one year from the earliest date when the Dispute first could be filed; and thereafter, such cause of action shall be permanently barred. SECTION 10 MODIFICATION OF GOVERNING AGREEMENTS 10.1 End User Modification Prohibited. In order to use the MyForce Service, you must accept this End User Agreement, the Privacy Policy and the Terms of Payment (if you have established a Billing Account on the MyForce System) without modification, addition or deletion. You may not modify any of the Governing Agreements at any time or under any circumstances. 10.2 Modification By The Company. The Company, in its sole discretion, may modify the terms and conditions of one or more of the Governing Agreements at any time after providing you notice and a copy of the revised Governing Agreement(s) via the email you have established as your username for your MyForce Account. If you do not object to the changes in accordance with Section 10.3 below, your continued use of the MyForce Service after a thirty (30) day period following notice shall constitute your consent and acceptance to the revised Governing Agreement(s). 10.3 End User Objection To Modification. In the event the Company modifies a Governing Agreement, you may object to a change by providing written notice to the Company (in accordance with Section 11.5) within thirty (30) days of the date written notice of the change was emailed to you. Your written notice must set forth the specific change(s) to which you object. You will only have the right to object to a provision that has been modified by the Company since the last version accepted by you; all other provisions shall remain in full force and effect. If you properly object to a change made by the Company, you will be bound by a version of the revised Governing Agreement that excludes the specific change(s) to which you object, but otherwise incorporates all other modifications made by the Company. This version of the Governing Agreement shall become effective thirty (30) days after the date written notice was emailed to you and shall remain in effect until the end of your then current paid‐for subscription. If your MyForce membership renews thereafter, your continued use shall constitute your consent and acceptance of the revised Governing Agreements as published on the Company’s website, including all modifications previously made by the Company and regardless of your previous objections. The most recent version of all Governing Agreements will be accessible through the Company’s website and can be printed for your review and permanent records. SECTION 11 GENERAL TERMS & CONDITIONS 11.1 Independent Contractor Status. The relationship between the Company and any other Service Provider shall be solely that of independent contractors. Nothing herein shall be construed to create a relationship between Company and any Service Provider in the nature of profit‐sharing, partnership, joint venture, principal/agent, employment, franchise or any other relationship that might impose liability on the Company for the other Service Provider’s past, present or future debts, liabilities, obligations, acts or omissions. 11.2 Assignment. This End User Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign this End User Agreement or your rights or obligations hereunder or otherwise transfer the MyForce Service to another person. The Company may assign, at its sole discretion, this End User Agreement or any of its rights or obligations hereunder without notice to or consent of End User. 11
End User Service and License Agreement Version 2013.2—Effective September 1, 2013 11.3 Waiver. A party’s failure to exercise any right, power, or remedy under this End User Agreement shall not operate as a waiver of a continuing breach or a similar breach in the future. All rights and remedies provided under this End User Agreement are cumulative and not exclusive of any other rights or remedies which are otherwise available at law or equity. 11.4 Severability. If any provision of this End User Agreement (or portion thereof) is deemed to be unlawful, void or for any reason unenforceable, then that provision (or portion thereof) shall be deemed severable from this End User Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties further agree, to the extent possible, to substitute for the invalid provision (or portion thereof) a valid provision that approximates the intent and economic effect of the invalid provision as closely as possible. 11.5 Notices and Contact Information. All notifications to the Company required or permitted under this End User Agreement shall be sent via email to [email protected] with the phrase “LEGAL NOTICE” in the subject line or via U.S. mail, postage prepaid to MyForce, Inc., Attn: Legal Department, P.O. Box 100352, Denver, Colorado 80250‐0352. All notifications to you shall be communicated using the email address you established as your username for your MyForce Account. You are responsible for maintaining an accurate and functioning email in your MyForce Account. 11.6 Headings. The headings referred to or used in this End User Agreement are for reference and convenience purposes only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof. 11.7 Survival. To the extent applicable, the provisions of this End User Agreement relating to the following rights or obligations shall survive the termination, cancellation, expiration, revocation and/or rescission of this End User Agreement: Section 2.3 (Third Party Beneficiaries), Section 4 (Ownership of Proprietary Rights & Usage Restrictions), Section 6 (Privacy & Confidentiality of Information), Section 7 (Disclaimers and Limitations of the MyForce Service), Section 8 (Allocation of Risk), Section 9 (Dispute Resolution), this Section 11.7 (Survival), and any provision that: (i) expressly states its survival; (ii) is necessary for the enforcement of a right, remedy or protection that arose prior to the termination of this End User Agreement; or (iii) is necessary to interpret surviving provisions. 11.8 Entire Agreement. The Governing Agreements represent the complete and exclusive statement of the agreement and understanding between you and the Company regarding your use of the MyForce Service, the terms of payment, and the care and use of Personal Information. This End User Agreement supersedes all prior and contemporaneous agreements and representations regarding such subject matters, including, without limitation, any verbal representations or agreements that may have been reached. BY INDICATING YOUR ASSENT WHEN THIS END USER AGREEMENT IS ELECTRONICALLY PRESENTED THROUGH THE MYFORCE SYSTEM, YOU ACKNOWLEDGE AND EXPRESSLY AGREE: (1) THAT YOU HAVE READ AND UNDERSTAND THIS END USER AGREEMENT, (2) TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS WITHOUT MODIFICATION OR ADDITION, AND (3) THAT THE ACT OF TYPING YOUR NAME CONSTITUTES YOUR ELECTRONIC SIGNATURE TO THIS END USER AGREEMENT. IF YOU DO NOT AGREE TO ALL SUCH TERMS AND CONDITIONS, DO NOT ATTEMPT TO ACCESS OR USE THE MYFORCE SYSTEM. MyForce End User Service and License Agreement v.2013.2 Copyright © 2010‐2013 MyForce, Inc. All rights reserved. www.myforce.com/legal.pdf Contact: [email protected] Effective September 1, 2013 12