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Terms and Conditions of Use - Mobile Applications

Effective Date: Jan 1, 2020

Welcome to EntryEeze. These Terms and Conditions of Use are the rules of the game. By using EntryEeze's applications (collectively known as “Services”), you are agreeing to all the terms below.

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 10. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH ENTRYEEZE AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

Please note that by accessing or using our Services, your Personal Data (as that term is defined in the Privacy Policy) and User-Generated Content (defined below) that you share with one part of the Service may also be shared among the entirety of EntryEeze and its Services.

Please feel free to contact our support team if you have any questions or suggestions.

1. Use of the Services and Your Account 1.1 Who can use the EntryEeze Services

You must be at least 18 to use EntryEeze applications.

No individual under these age limits may use the Services, provide any Personal Data to EntryEeze, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

1.2 Your Account

You may need to register for an EntryEeze account to access or use certain Services. Your account may also automatically provide you access and means to use any new Services.

When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.

1.3 Service Updates, Changes and Limitations

Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services, which might not work properly if you don't install the updates.

The Services may change from time to time, and their form and functionality may change without prior notice to you.

We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

1.4 Service Monitoring and Suspension

We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services (including inviting a fellow user into a community or group), as well as any user’s use of or access to Personal Data, and profiles of other users.

We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof, (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for EntryEeze, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

1.5 Security

Please let us know right away if you believe your account has been hacked or compromised.

We care about the security of our users. While we work hard to protect the security of your Personal Data and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our support team immediately of any actual or suspected breach or unauthorized access or use of your account.

2. Ownership and Use of Content 2.1 Definitions

Content is what shows up on your display when you use our Services. User-Generated Content is any Content that is entered by you.

For purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, images, tools, text, communications, replies, comments, software, scripts, executable files, graphics, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any data or files (personal or otherwise) that a user submits, transfers, or otherwise provides to or through the use of the Services.

2.2 Ownership

“User-Generated Content” is owned by the user and we own the Content that we create.

Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she submits, but grants a license of that User Generated Content to EntryEeze as explained in Section 2.5 below. EntryEeze retains ownership, responsibility for and/or other applicable rights in all EntryEeze content. Except as expressly provided in the Terms, nothing grants you a right or license to use any EntryEeze Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by EntryEeze.

2.3 Our License to You

You are welcome to access and use the EntryEeze Content and Services. We work hard to provide a great experience for our users, so please respect our intellectual property rights and only use the EntryEeze Content and Services as intended. This includes not using any EntryEeze Content or Services for commercial purposes without our permission.

Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the EntryEeze Content or Services.

2.4 Acceptable Usage Guidelines • 2.4.1 EntryEeze Content

Except as expressly permitted by applicable law or authorized by EntryEeze, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any EntryEeze Content offered as part of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save EntryEeze Content, except (i) as expressly permitted by the functionality of certain Services (e.g., printed maps) as provided for in the specific guidelines and/or additional terms applicable to those Services, or (ii) solely for personal use or your records.

• 2.4.2 Commercial Usage of the Services

The Services are intended only for your personal, non-commercial use. You shall not use the Services to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue. For example, you shall not take the results from a search of the Services and reformat and display them, or mirror our home pages or results pages on your website. Moreover, you shall not “meta-search” our Services. If you seek to make commercial use of the Services, you must enter into an agreement with us to do so in advance.

2.5 Your License to Us

When you post Content in connection with the Services, it belongs to you - however, you're giving us permission to use that Content in connection with our Services and make the Content available to others for use within our Services. Don't post any Content that is not yours or that you do not have permission to post.

When you provide User-Generated Content to EntryEeze through the Services, you grant EntryEeze and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), and otherwise use such User-Generated Content in connection with any and all Services.

The rights you grant in this license are for the limited purposes of allowing EntryEeze to operate the Services in accordance with their functionality, improve the Services, and develop new Services.

We reserve the right to monitor or remove User-Generated Content for any reason and at any time that we believe violates these Terms and/or our policies.

You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant EntryEeze the foregoing license for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.

2.6 Content Retention

Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future.

Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, EntryEeze may retain, store, display, share, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services. Accordingly, note that the above license to your User-Generated Content continues even if you stop using the Services.

2.7 Your Feedback

We appreciate your feedback and can freely use your suggestions to make EntryEeze better. Thank you and keep the ideas coming!

If you choose to submit comments, ideas or feedback, you should submit the idea through our Idea Submission website, and you agree that we are free to use the ideas you submit without any restriction or compensation to you. By accepting your submission, EntryEeze does not waive any rights to use similar or related feedback previously known to EntryEeze, developed by our employees, or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through the Services is not confidential or proprietary information.

3. Third Party Links and Services

Our Services may link to or interact with third-party services or products such as email delivery and credit card processors. Be aware that different terms and privacy policies apply to those services.

4. Mobile Services

While we strive to make our applications available on many platforms, we can't guarantee that our applications are compatible with your device (though please let our support team know if you have a question or problem; we want to help). If you use our applications, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.

4.1 Wireless Carrier and Device Considerations

To use or access our applications, you will need a compatible device. We cannot guarantee the applications will be compatible with, or available on, your device. We have subscription-based applications and you will need to pay fees to use the Services after the Free Trial. Further, your phone company’s normal messaging, data, and other rates and fees will still apply.

4.2 Text and Mobile Messaging Express Consents

By downloading or using our applications, you expressly agree we may communicate with you regarding transactions you have initiated on the Services or respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us automatically from your device. We will not send you direct messages of a marketing nature without your prior express written consent and you can opt out of receiving any marketing messages from us at any time.

4.3 Mobile Application License

We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

4.4 App Stores

If you download our applications from a third-party app store (the “App Provider”), you acknowledge and agree that:

5. Paid Services

If you choose to subscribe to our Services, these are the payment and billing terms that apply. Paid services may auto-renew unless you cancel and are handled through the third-party App Store. You may cancel at any time through the third-party App Store.

5.1 Payment Terms

We offer a subscription for our Services for a fee. By signing up for and using the Services, you agree to our Terms, and any additional terms and conditions provided here.

The Services provide you access to certain features and functionality. By signing up for and using the Services, including signing up for Free Trials, you agree to pay any fees or other incurred charges that apply to the Services as required by the third-party App Store.

Unless otherwise stated, all fees due for the subscription are payable in advance and will be billed according to the policies of the third-party App Store where you made your purchase. All purchases of Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing the Service.

5.2 Termination or Cancellation of Services

If you do not pay the fees or charges due for your use of the Services via a third-party App Store, we reserve the right to disable or terminate your access to the Services (and may do so without notice).

You can cancel the Services at any time via the third-party App Store based upon their stated policies.

There are no refunds for termination or cancellation of your Service. If you no longer wish to subscribe to a Service, it is your responsibility to cancel your Service in due time, regardless of whether or not you actively use the Service.

5.3 Fee Changes

To the maximum extent permitted by applicable laws, we may change our prices for Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Service prior to the change going into effect.

5.4 Free Trials

We offer a Free Trial of our Services. A Free Trial provides you access to the Services for a period of time, with details specified when you sign up for the offer.

We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Services user after the Free Trial period.

Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.

6. Modifications to the Terms and Product-Specific Terms

As EntryEeze grows and improves, we might have to make changes to these Terms or include additional terms that are specific to certain products.

6.1 Updates to these Terms

EntryEeze reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the EntryEeze websites or in our applications). Modifications will not apply retroactively unless required by law.

We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.

6.2 Product-Specific Terms

We may also require you to agree to additional terms, rules, policies, guidelines, or other conditions (collectively, Product-Specific Terms) that are specific to certain Services. In such cases, you may be required to expressly consent to Product-Specific Terms. For instance, you might need to check a box or click on a button marked “I agree.” If any of the Product-Specific Terms are different than the Terms, the Product-Specific Terms will supplement, amend, or supersede the Terms, but only with respect to the subject matter of the Product-Specific Terms.

7. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, ENTRYEEZE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

8. Limitation of Liability

We are building the best Services we can for you but we can't promise they will be perfect. We're not liable for various things that could go wrong as a result of your use of the Services.

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall EntryEeze, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not EntryEeze has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of EntryEeze, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of a user’s Personal Data, (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through the Services or received through any links provided with the Services.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by EntryEeze’s own fraud, recklessness, gross negligence or willful misconduct.

9. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold EntryEeze, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, (c) your connection to the Services, (d) your violation of these Terms, (e) your use or misuse of any user’s Personal Data, or (f) any violation of the rights of any other person or entity by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of EntryEeze’s own fraud, recklessness, gross negligence or willful misconduct.

10. Governing Law

THIS AGREEMENT IS MADE IN ACCORDANCE WITH AND SHALL BE GOVERNED AND CONSTRUED UNDER THE LAWS OF THE STATE OF COLORADO, WITHOUT REFERENCE TO SUCH STATE'S CONFLICTS OF LAWS PRINCIPLES. IN NO EVENT SHALL THIS AGREEMENT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.

11. Disputes and Arbitration, Jurisdiction and Venue

In the event of any dispute or claim arising from or relating to this agreement, or the breach or termination thereof ("Dispute"), the parties shall use their best efforts to negotiate in a good faith attempt to settle the Dispute. Any Dispute that the parties fail to resolve by negotiation shall be resolved by arbitration in Colorado Springs, CO before a sole impartial arbitrator. The arbitration shall be conducted in accordance with the Commercial Rules of the American Arbitration Association, and shall be governed by the Federal Arbitration Act, 9 U.S. Code 1 et seq. Either party may commence arbitration by serving a written demand for arbitration on the other party. The parties shall attempt to agree on an arbitrator, but if the parties fail to reach such agreement within 20 days after the demand for arbitration is served, either party may request appointment of the arbitrator by the AAA office in Denver, CO. The person so appointed by AAA shall serve as the arbitrator for resolution of the Dispute. If that person is disqualified for any reason, the AAA office shall appoint a substitute arbitrator. Each party shall bear its own costs and expense, including attorneys' fees, but the arbitrator may, in the award, allocate all of the administrative costs of the arbitration (and the mediation, if applicable), including the fees of the arbitrator and mediator, against the party who did not prevail. Judgment on the arbitration award may be entered in any court having jurisdiction.

12. International Terms

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your location to us, and that you will follow all the laws that apply to you.

We provide our Services for a global community of users. Our servers and operations are, however, located primarily in the United States, and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United States and/or other countries; (ii) if you are using the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject EntryEeze or its affiliates to any registration requirement within such jurisdiction or location.

13. Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 7 (No Warranties), 8 (Limitations of Liability), 9 (Indemnification), 11 (Disputes and Arbitration, Jurisdiction and Venue), and 13 (Survival).

14. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.

Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

15. Contact Us

If you have any feedback, questions or comments about the Services, please contact our support team by email, by phone at 1-866-486-6542, or by mail at: EntryEeze, PO Box 63601, Colorado Springs, CO 80962-3601 (USA), and include the subject as “Attn: Legal - Terms and Conditions of Use”. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message