DWI Defense App EULA and TOS (iOS)

Disclaimer

The Use of the “DWI Defense” app does not create an attorney client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements. The use of this app is applicable to Missouri law only.

End User License Agreement and Terms of Service

This Mobile Application End User License Agreement (Agreement and/or EULA) is made between Benjamin Law Firm LLC (Company), provider of “DWI Defense” (Mobile App), and You (User) who has downloaded the Mobile App such that you may use your iPhone or iPod touch (Mobile Device), that you own or control as permitted by the Usage Rules set forth in the App Store Terms of Service, within the state of Missouri to read information about what to do when pulled over for a potential DWI or DUI, send a text message to a specified contact, record audio when pulled over for a potential DWI or DUI, and email recordings created by the Mobile App.

PLEASE READ THIS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN USER AND COMPANY. USER AGREES THAT THIS AGREEMENT HAS THE BINDING LEGAL FORCE AND EFFECT OF A CONTRACT SIGNED IN INK AND DELIVERED IN PERSON. BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING, OR ACCESSING, OR USING, ANY PART OF THE MOBILE APP, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND COMPANY SHALL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS, OR USE, ANY PART OF THE MOBILE APP. THIS AGREEMENT IS APPLICABLE FOR ALL RELEASED VERSIONS OF THE MOBILE APP. THIS AGREEMENT MAY BE AMENDED FROM TIME-TO-TIME AT THE SOLE DISCRETION OF COMPANY. COMPANY SHALL PROVIDE NOTICE TO USER OF AMENDMENTS BY DISPLAYING THE UPDATED EULA WITHIN THE MOBILE APP. USER SHALL HAVE THE OPPORTUNITY TO REFUSE SAID AMENDMENTS SOLELY BY CEASING UTILIZATION OF THE MOBILE APP AND UNINSTALLING IT FROM MOBILE DEVICE.

1. Mobile App Usage Terms.

a. Description. The Mobile App is a software application, proprietary to Company, which is designed to allow User, within the state of Missouri, to read information about what to do when pulled over for a potential DWI or DUI, send a text message to a specified contact, record audio when pulled over for a potential DWI or DUI, and email recordings created by the Mobile App. The Mobile App is protected by intellectual property laws and international intellectual property treaties. User’s use of the Mobile App is licensed and not sold.

b. Third Party Vendors/Distributors. User is aware that Company makes no warranties with reference to any third party vendor/distributor software and/or services that are complementary or used in conjugation with the Mobile App.

c. Accessibility and Function. User agrees that from time to time, the Mobile App may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment (hardware) malfunctions; (ii) software malfunctions; (iii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iv) causes beyond the reasonable control of Company or which causes are not reasonably foreseeable by Company. Company is not responsible, directly or indirectly, for the performance and/or reliability of third party vendor/distributor system, equipment or otherwise, or User’s Internet Service Provider (ISP).

d. Equipment. User shall be solely responsible for providing, maintaining, and ensuring compatibility with the Mobile App, all hardware, software, electrical and other physical requirements for User’s use of the Mobile App including, without limitation, telecommunications and Internet connection(s), ISP, web browsers and/or other equipment, programs and services required to access and use the Mobile App. User shall be responsible for all standard text message and data charges that may be incurred by installing or using the Mobile App.

e. Grant of License. Company grants User, pursuant to the terms and conditions of this Agreement, a non-exclusive, limited, revocable, non-transferable, non-sublicensable right and license to use the Mobile App, within the state of Missouri, for User’s personal, non-commercial purposes strictly for estimating blood alcohol content, reading information about what to do when pulled over for a potential DWI or DUI, sending a text message to a specified contact, recording audio when pulled over for a potential DWI or DUI, and emailing recordings created by the Mobile App. User’s right and license to use the Mobile App shall be conditioned on User’s compliance with the terms of this Agreement, and User’s license granted under this Section shall terminate immediately upon User’s breach of the terms of this Agreement.

f. Third Party Licenses. User acknowledges that the Mobile App contains components that are used with permission from and licensed by third parties. Specifically the user acknowledges that the Mobile App contains: The FontBoosterFixer, which is copyright 2015 DaanSieben.net and licensed under the MIT License, the Intel App Framework; which is copyright 2011 Intel and licensed under the MIT X11 License, the Google Analytics Plugin; which is copyright 2013 danwilson and licensed under the MIT X11 License, Apache Cordova and it’s associated plugins; which are copyright 2013 Apache Software Foundation and licensed under the Apache License Version 2.0, the Android Permission Cordova plugin; which is copyright 2016 Jason Yang and licensed under the Apache License Version 2.0, the cordova-sms-plugin Plugin; which is copyright 2015 Didier Baquier and licensed under the MIT License, the Facebook Connect Cordova Plugin; which is copyright 2010 Nitobi Software Inc. and licensed under the Apache License Version 2.0, Facebook SDK; which is copyright 2010 Facebook and licensed under the Apache License Version 2.0, the Cordova Email Plugin; which is copyright 2013-2014 appPlant UG, Inc. and licensed under the Apache License Version 2.0, the ICPDoNotBackup Cordova Plugin; which is copyright 2016 Guillaume Barre and licensed under the Apache License Version 2.0, and an adapted version of the “Police Car Lights” image; which is copyright 2006 Carolina Smith and is licensed under the the Dreamstime.com Standard License. Where required by the terms of the licenses by which these components are provided, their individual licenses are included via an appendix.

g. Accuracy. User understands that User’s location as it is reported by the Mobile App is only an estimate and that its accuracy is affected by a wide range of technical factors that may cause it to be inaccurate under certain circumstances, such as when the user’s device reports location information that is based on an IP address, when user’s device reports erroneous GPS coordinates, or when weather causes the Mobile App to incorrectly determine User’s location.

h. Apple’s Responsibilities. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App. In the event of any failure of the Mobile App to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Mobile App to User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.

2. Security of User’s System.

User shall be solely responsible for the security, confidentiality, and integrity of all messages and the content that User receives, transmits through or stores via the Mobile App or on any computer or related equipment that is used to access the Mobile App.

3. User Representations.

User represents and warrants to Company that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User’s obligations under this Agreement; (b) all information provided by User to Company is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this Agreement including, without limitation, the provisions set forth in Section 4; (d) User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties; (e) User acknowledges and agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the User as a third party beneficiary thereof; and (f) User acknowledges that all right, title, and interest to the Mobile App belongs to Company except where otherwise stated. Company reserves all rights not expressly granted to User or third parties in this Agreement and that the User may not sublicense, transfer, or assign the Mobile App, directly or indirectly, to any person, entity, partnership, organization, association or otherwise, for any reason.

4. Prohibited Uses.

a. Errors, Acts, Omissions and Unacceptable Use. User, directly or indirectly, agrees not to engage in, facilitate, or encourage any unacceptable use of the Mobile App. Unacceptable use includes, without limitation, use of the Mobile App to: (i) disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (ii) create a false identity or to otherwise attempt to mislead any person, entity, partnership, organization, association or otherwise, as to the identity or origin of any communication; (iii) distribute, re-distribute, or permit transfer of content in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions; (iv) interfere, disrupt or attempt to gain unauthorized access to the Mobile App or any computer network; (v) disseminate, store or transmit viruses or any other malicious code or program; (vi) damage, disable, overburden, or impair the Mobile App (or servers or networks connected to the Mobile App); (vii) interfere with any other party’s use and enjoyment of the Mobile App (or servers or networks connected to the Mobile App); (viii) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Mobile App or content that may be presented or accessed through the Mobile App for any purpose, unless otherwise permitted; (ix) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Mobile App; (x) remove, obscure, or alter Company or any third party’s copyright notices, trademarks, or other proprietary rights or licensing notices affixed to or contained within or accessed in conjunction with or through the Application; (xi) make use of the Mobile App outside of the state of Missouri; or (xii) engage in any other activity deemed by Company, in its sole discretion, to be in conflict with the spirit or intent of this Agreement.

5. Termination.

This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason by uninstalling or ceasing use of the Mobile App. Company reserves the right, in its sole discretion and without prior notice to User, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Mobile App; (b) suspend User’s access to or use of all or any portion of the Mobile App; and (c) terminate this Agreement.

6. Disclaimer of Warranties.

THE MOBILE APP IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE MOBILE APP IS AT USER’S SOLE RISK. COMPANY NEITHER WARRANTS THAT THE MOBILE APP WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE MOBILE APP. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE MOBILE APP. COMPANY MAKES ABSOLUTELY NO WARRANTIES WITH REFERENCE TO THIRD PARTY SOFTWARE AND/OR SERVICES USER MAY USE ALONG WITH THE MOBILE APP. THE MOBILE APP IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

7. Limitation of Liability.

a. UNDER NO CIRCUMSTANCES SHALL COMPANY, DIRECTLY OR INDIRECTLY, BE LIABLE TO USER OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE MOBILE APP OR THE INTERNET IN GENERAL, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE MOBILE APP, ANY CHANGES TO OR INACCESSIBILITY OF THE MOBILE APP, INACCURATE LOCATION INFORMATION GENERATED BY THE MOBILE APP, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE MOBILE APP, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE MOBILE APP, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.

b. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE MOBILE APP, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE MOBILE APP AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 5.

c. USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE MOBILE APP.

d. COMPANY IS NOT LIABLE FOR ANY ITEMS VIEWED OR TRANSMITTED VIA THE MOBILE APP.

e. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTS TAKING PLACE WHICH ARE NOT VIEWED OR TRANSMITTED VIA THE MOBILE APP.

f. COMPANY IS NOT OBLIGATED, DIRECTLY OR INDIRECTLY, TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY USER, NOR IS COMPANY OBLIGATED, DIRECTLY OR INDIRECTLY, TO ARCHIVE OR OTHERWISE MAINTAIN OTHER REPRODUCTION OF THE CONTENT THAT APPEARS OR IS TRANSMITTED ON THE MOBILE APP FOR FUTURE REFERENCE.

g. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT ON THE MOBILE APP.

h. COMPANY IS NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR COMPLIANCE OR LACK THEREOF BY ANY THIRD-PARTY VENDORS WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS.

i. COMPANY MAKES SIGNIFICANT EFFORTS MEETING OR EXCEEDING INDUSTRY STANDARDS TO ENSURE THE SECURITY AND/OR FUNCTIONALITY OF MOBILE APP RELATED INTERNET TRANSMISSIONS BUT, DUE TO THE INHERENT NATURE OF THE INTERNET, CANNOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS.

8. Indemnification.

User agrees to indemnify, hold harmless, and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, entity, partnership, organization, association or otherwise, arising out of or relating to: (a) this Agreement; (b) User’s use of the Mobile App, including any data or work transmitted or received by User; and (c) any unacceptable use of the Mobile App, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable in Section 4.

9. Privacy.

User agrees to accept and be bound by the attached privacy policy, which is herein incorporated.

PRIVACY POLICY

This privacy policy governs your use of the software application “DWI Defense” (“Mobile App”) that was created by Benjamin Law Firm LLC for use on mobile devices within the state of Missouri. The Mobile App is designed to provide information about what to do when pulled over for a potential DWI or DUI, send a text message to a specified contact, record audio when pulled over for a potential DWI or DUI, and email recordings created by the Mobile App.

What information does the Mobile App obtain and how is it used?

User Provided Information

The Mobile App may obtain an emergency contact phone number from you. This number is used to allow you to notify your emergency contact of your estimated location and the possibility that you are being pulled over during a traffic stop. The Mobile App may access the mobile device’s address book in order to facilitate your input of the emergency contact phone number, but the Mobile App will not transfer or store the contents of your address book. The emergency contact is not provided to us and is stored locally on your mobile device. The provision of this emergency contact phone number is optional. However, please keep in mind that you may not be able to use some of the features offered by the Mobile App if you do not provide it. You may use the Mobile App to create audio recordings. These audio recordings are stored locally on the mobile device, are your sole responsibility, and are not automatically transferred to us. The audio recordings are stored in an unencrypted format to facilitate your ability to transfer them to parties of your choosing.

Automatically Collected Information

The Mobile App may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Mobile App. In addition, the Mobile App will access the current charge level of your mobile device’s battery in order to ensure that data is not lost when your device shuts down, due to a low battery.

Does the Mobile App collect precise real time location information of the device?

When you use the Mobile App, we may use GPS technology (or other similar technology) to estimate your current location in order to provide it to your emergency contact during a traffic stop. We do not collect data regarding your location nor do we share your current location with other users. We may share non-precise location information with Google Analytics and Facebook, but only in the ways that are described in this privacy statement.

If you do not want us to use your location for the purposes set forth above, you should turn off location services for the Mobile App through your mobile device settings.

Do third parties see and/or have access to information obtained by the Mobile App?

Yes. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement;
if Benjamin Law Firm LLC is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified through the Mobile App of any change in ownership or uses of this information, as well as any choices you may have regarding this information;
to analytics companies as described in the section below.

Automatic Data Collection and Advertising

We may work with analytics companies, including Google Analytics and Facebook to help us understand how the Mobile App is being used, such as the frequency and duration of usage.

In order to help analyse usage of the Mobile App, Google Analytics may obtain anonymous information about your non-precise location information (e.g., your zip code), other non-precise location information, the type of mobile device you use, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Mobile App.

You can find more information about how Google Analytics may use your data by visiting: http://www.google.com/policies/privacy/partners/

Facebook may obtain information about your non-precise location information (e.g., your zip code), other non-precise location information, the type of mobile device you use, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, the unique identification ID of your mobile device, and information about the way you use the Mobile App. Facebook may correlate this information with other information that they have gathered about you to serve you targeted ads through services other than the Mobile App and to supply us with aggregated demographics data.

You can find more information about how Facebook may use your data by visiting: https://www.facebook.com/policy.php

What are my opt-out rights?

You may Opt-out of all information collection by uninstalling the Mobile App: You can stop all collection of information by the Mobile App easily by uninstalling the Mobile App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile Mobile App marketplace or network.

Data Retention Policy, Managing Your Information

We do not remotely retain any Automatically Collected Information or User Provided Data, except through Google Analytics and Facebook as is noted above. You may delete any local data stored in or generated by the Mobile App by deleting the Mobile App and any audio files that you have created while using the Mobile App. Please note that your mobile device or services running on your mobile device may collect or backup data created by this app, including audio recordings.

Children

We do not use the Mobile App to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@benjaminlawkc.com. We will delete such information from our files within a reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to Google Analytics, Facebook, authorized employees, and authorized contractors who need to know that information in order to operate, develop or improve the Mobile App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to this Privacy Policy by displaying a notification within the Mobile App. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent

By using the Mobile App, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities, excluding those handled by Google Analytics and Facebook, will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

Contact us

If you have any questions regarding privacy while using the Mobile App, or have questions about our practices, please contact us via email at info@benjaminlawkc.com.

10. Miscellaneous.

a. Amendment. Company shall have the right, at any time and without prior written notice to or consent from User, to add to or modify the terms of this Agreement, simply by requiring the User to accept an updated Agreement upon accessing the Mobile App. User’s access to or use of the Mobile App after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.

b. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

c. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision shall be enforced to the maximum extent possible and the other provisions shall remain fully effective and enforceable.

d. Notice. All notices for Company shall be in writing and shall be deemed to be delivered when sent by first-class mail to 8019 E 171st St, Belton, Mo 64012 or when sent by facsimile to 816-322-8010.

e. These Terms and Conditions and your relationship with Company under these Terms and Conditions will be governed by the laws of the State of Missouri without regard to its conflict of laws provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located within the county of Cass, Missouri to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that Company will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

f. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.

g. Survival. The terms and provisions of sections 2, 3, 4, 6, 7, 8, 9 and 10 shall survive any termination or expiration of this Agreement.

h. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Mobile App and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Mobile App.

11. Contact Information

All questions and comments should be directed to:
Benjamin Law Firm LLC
8019 E 171st St,
Belton, MO 64012

12. Appendix

FontBoosterFixer as it is implemented within the Mobile App is provided under the following license:

The MIT License (MIT)

Copyright (c) 2015 DaanSieben.net

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

App Namer as it is implemented within the Mobile App is provided under the following license:

The MIT License (MIT)

Copyright (c) 2016 blakgeek

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Intel App Framework as it is implemented within the Mobile App is provided under the following license:

MIT X11 License

Copyright (C) <2011> by <Intel>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Google Analytics Plugin as it is implemented within the Mobile App is provided under the following license:

MIT X11 License

Copyright (C) <2013> by <danwilson>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Apache Cordova and its associated plugins, SMS Custom Cordova Plugin, Facebook Connect Cordova Plugin, Facebook SDK, App Namer, ICPDoNotBackup, and Cordova Email Plugin as they are used with the Mobile App are provided under the following license:

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

“License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

“Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.

“Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

“Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

“Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”

“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License.

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END OF TERMS AND CONDITIONS

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