MOBILE APPLICATION TERMS AND CONDITIONS
1. LEGAL ADVISORY. The My Access Mobile Application is developed, owned and distributed by ADA Lawyer, a private law firm. Using the Application does not require you to retain the services of an attorney. The principal attorney at ADA Lawyer is Ross Cornell who is licensed to practice law in California only and can be reached toll free at (844) ADA-LAWS or by email at firstname.lastname@example.org. The App and App Services are a part of a free public service that assists you in promoting disability rights compliance in your community. The App Services include the delivery via U.S. mail of a written Public Service Announcement about important disability rights issues to the locations at your request without cost or obligation.
2. DEFINITIONS. The Application shall mean the software provided by the Providers known as the My Access App. The Application is to be used on Apple iOS and Android OS devices and shall include any upgrades from time to time and any other software or documentation which enables the use of the Application. The Technology shall mean the Application and the adalawyer.com website as well as with the tools, information and resources provided. The Providers shall mean ADA Lawyer and The Law Offices of Ross Cornell, APC.
3. TERMS AND CONDITIONS OF USE. By installing the Application, you agree to be bound by these Mobile Application Terms and Conditions. These App Terms contain the legally binding terms for your use of the Application. Please review them carefully before installation. Your acceptance of the App Terms will confirm your understanding and agreement to these terms.
5. FREE PUBLIC SERVICE. Subject to the following limitations, the Providers will make a one-time delivery via U.S. mail of a Public Service Announcement or PSA that contains details you provide through the Technology and that includes a legal form relating to disability access laws. When you make a submission through the Application, you will receive an email requiring you to provide take additional steps to provide information. No PSA will be sent until you have provided the additional information identified in the confirmation email. If you do not provide a complete response within seven days of receiving the confirmation email, your submission will be deleted and no PSA will be sent. No other actions by the Providers are promised or implied. The Providers do not promise and are not obligated to evaluate, analyze or investigate the merits of your submissions. No demands, whether financial or otherwise, will be made by the Providers in connection with the PSA. No disclosure of your identity, email address or phone number will be made in connection with the PSA. The PSA is provided for informational and public benefit purposes only, and the Providers assume no duty or obligation to inspect, analyze, follow-up on or ensure compliance with any legal standard or in connection with any such submission. The Providers will be under no obligation to provide the PSA when your submission is incomplete, vague or ambiguous; a location cannot be identified, or has already been provided with a PSA; a location is the subject of anticipated or actual litigation or other legal process; sending the requested PSA would, in the Providers sole discretion, cause an undue burden or hardship upon the recipient or the Providers; in the Providers sole discretion, providing the PSA may be adverse to the intended public benefit of the Application, could cause damage or adversely affect any of the Providers users, customers or clients, could harm the Providers reputation, networks, property, or services, or may otherwise be contrary to the Providers or the best interest of the public, without limitation; the location you identified in your submission is publicly owned or is occupied, owned or operated by a governmental entity; you fail to confirm your request by responding to the email you receive from the Providers asking for you to complete the PSA questionnaire; or you choose to exercise the option to contact ADA Lawyer about your submissions. When using the App, if you do choose the option to Contact ADA Lawyer, you will receive an email asking you to provide additional information on our website Contact Form. If you do not respond, your request may be deleted from the Application database without further action by the Providers. Your request to be contacted by an attorney does not obligate an attorney to contact or represent you. In the event that we do contact you, you understand and agree that such contact does not create a confidential relationship between us, whether by virtue of your request to have information reviewed that you collected or submitted through the App or otherwise.
6. NO ATTORNEY-CLIENT RELATIONSHIP. Neither your use of the Application nor your acceptance of these Mobile Application Terms and Conditions shall create or imply an attorney-client relationship. The Application and the Technology are provided as a free service and resource for the public. Any information we provide to specific locations at your request is not intended as legal advice or as a guarantee, warranty or prediction regarding the outcome of any matter. The Providers are not your lawyers. All information is subject to change at any time and may be incomplete or contain errors. You should not rely on information contained within the Application or the Technology without first consulting a qualified attorney. No attorney-client relationship can or shall be created without a separately signed written attorney-client agreement. In order to avoid undue expectations of the formation of an attorney-client relationship, you understand that your use of the Application creates no obligation for you to pay for attorney time or to hire an attorney, and creates no duty on the part of the Providers to provide advice or perform legal services.
9. PROPRIETARY RIGHTS AND LICENSE. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned by the Providers. Subject to these App Terms, the Providers grant you a non-transferable, non-exclusive, royalty-free revocable license to use the App within the state of California solely for your personal, non-commercial purposes and to install and use the Application on your own handheld mobile device. Your use of any mobile software obtained from the Apple App Store is governed by the Apple License Application End User License Agreement. For the avoidance of doubt, your use of the My Access App is governed by these App Terms and if any term in this Agreement is inconsistent with Apple terms and conditions, the terms of this Agreement will control.
10. CONDITIONS OF USE. You are responsible for maintaining the confidentiality of your account login information and are solely responsible for all activities that occur under your account. You may not use another user account or allow another user to use your account. You agree to immediately notify the Providers of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. The Providers are not liable for any loss or damage arising from your failure to comply with these requirements. The Application and Technology are made available to you free of charge for your personal, non-commercial use. The Provider reserves the right to amend or withdraw the Application or Technology at any time and for any reason. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the Application. As a result, you may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application. The rights granted to you in these App Terms are subject to the following restrictions: you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Application or the Technology; you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application or the Technology; you shall not access the Application or the Technology in order to build a similar or competitive service; and except as expressly stated herein, no part of the Application or the Technology may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on any Application or the Technology content must be retained on any copies. In addition, you agree not to use the Application or the Technology to: upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; upload, transmit, or distribute any user content that that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of a third party; harvest, store, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; use automated systems e.g., robots and spiders, on the Application or the Technology; interfere with or attempt to gain unauthorized access through password mining or other means to servers or networks connected to the Application or the Technology, or violate the regulations, policies or procedures of such networks; grant internet search operators permission to crawl, cache, or archive the Application or the Technology; harass or interfere with another users use and enjoyment of the Application or the Technology; or download, install, or use the Technology for any purpose other than its intended use. Do not use the Application if you are under stress or if you have been coerced, intimidated, threatened or en route to emergency care. After data has been captured, you will be able to delete the App and opt out of further participation, report a location and request to have a PSA sent, or report a location and request to be contacted by an attorney.
12. AVAILABILITY. The Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. The Providers will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside the Providers reasonable control. The Providers do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable. The Providers will not be responsible for any support or maintenance for the Application.
13. SYSTEM REQUIREMENTS. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications. The Software Requirements are as follows: Apple iOS devices running iOS 6 or iOS 7, and Android OS devices running Android OS 4.3 and later; Language: English. The version of the Application software may be upgraded from time to time to add support for new functions and services.
14. TERM AND TERMINATION. These App Terms will remain in full force and effect while you use the Application unless terminated as described below. We may suspend your rights to use the Application or the Technology or terminate this agreement, at any time, for any reason, at our sole discretion, including, but not limited to, if you violate these App Terms. Upon termination of the App Terms, your account and right to access and use the Application and the Technology will terminate immediately. You understand that any termination of your account involves deletion of your user content contained in our databases and we will have no liability in connection therewith. The Providers may terminate use of the Application or the Technology at any time without limitation. No notice of termination is required. Upon termination, the rights and licenses granted to you herein shall terminate; you must cease all use of the Application or the Technology; all information and data submitted by you through the Application or the Technology shall be forfeited and become the sole and exclusive property of the Providers. The Application and the Technology are part of a free service, and the Providers reserve the right to cancel or suspend the service at any time for any reason, without limitation.
15. LIMITATION OF LIABILITY. In no event will the Providers be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application or the Technology, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort including negligence, product liability or otherwise. The Providers are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application or the Technology.
16. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, the Providers hereby disclaim all implied warranties with regard to the Application or the Technology. The Application and the Technology are provided as is and as available without warranty of any kind. In no event shall the Providers or their partners, affiliates, officers, employees or agents be liable for any damages whatsoever, including, without limitation, incidental and consequential damages, lost profits or damages resulting from the availability, use, reliance on or inability to use the Application or the Technology, or lost data or business interruption arising from use of or inability to use the Application or the Technology, whether based on warranty, contract, tort or any other legal theory, and whether or not the Providers are advised of the possibility of such damages. No warranties are given regarding the accuracy or completeness of the Application, the Technology, the PSA, or the related websites or content.
17. NO RELIANCE ON THIRD-PARTY WEBSITES. The Application and the Technology may contain links to third-party websites. These links are provided solely for convenience and reference. The Providers are not responsible for and do not guarantee, control or monitor the accuracy of any information found on third-party websites. Links provided to third-party websites should not be construed as a recommendation or endorsement by the Providers of any product, service or information offered on the linked websites.
18. INDEMNIFICATION AND HOLD HARMLESS. You agree to defend, indemnify and hold harmless the Provider, its partners, affiliates, officers, employees and agents from and against any claims, actions and demands, including, without limitation, reasonable legal and accounting fees resulting from your use of the Application or the Technology or from your breach of any of the App Terms.
19. DISCLAIMER OF WARRANTIES. UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE APPLICATION, THE TECHNOLOGY OR ANY RELATED SERVICES. THE PROVIDERS DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON THE PROVIDERS BEHALF. THE APPLICATION AND TECHNOLOGY ARE PROVIDED ON AN AS-IS BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS.
20. CONSENT TO EMAIL COMMUNICATION. The Providers may contact you to inform you about the status of your submissions, to provide you with links to Application updates, to provide legal advisories about disability rights related developments, to solicit your feedback or further participation, or to market the Providers services to you directly. By accepting these terms and conditions of use, you are consenting to the receipt of such email communication from the Providers. Furthermore, you agree that the email address you provided in the Application registration process is accurate and you consent to the Providers using that email address as a reliable means of communicating with you.
21. MANDATORY BINDING ARBITRATION. Any dispute, claim or controversy arising out of or relating to this Agreement, the App Terms, the Application, the Technology or the Providers, including claims related to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS Streamlined Arbitration Rules and Procedures. All arbitration proceedings shall be conducted in accordance with the Federal Arbitration Act. The California Arbitration Act [Cal. Code Civ. Proc. § 1280, et seq.] shall not govern disputes arising under this Agreement or in connection with the App Terms, the Technology or the Providers. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
22. OWNERSHIP. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Application and the Technology are owned by the Providers. Your use of the Application does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
23. APP STORES. The Application may be downloaded from third party websites. If you use Application, you understand that the App Store terms apply and you agree to comply with such terms. App Stores are not under the control of the Providers and the Providers are not responsible for any App Stores. The provider provides the Application through an App Store only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to, or are responsible for, the App Store. You use all App Stores at your own risk.
24. RELEASE. You hereby irrevocably and unconditionally release and forever discharge the Providers and our officers, employees, agents, successors, and assigns from, and hereby waive, any and all past, present and future claims, demands, and rights of action, whether known or unknown, which arise from or relate to Third Party Sites & Ads, App Stores and other Users. You hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
25. INDEMNITY. You agree to indemnify and hold the Providers and our officers, employees, agents, successors, and assigns harmless, from and against any claims, suits, losses, damages, liabilities, costs, and expenses including reasonable attorneys fees brought by third parties resulting from or relating to your use of the Application, your user content, or your violation of these App Terms.
26. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Orange County, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, the Providers may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
User Provided Information. The Application obtains information you provide when you download and register to use it. Registration is optional, but you will not be able to use the Application without registering. When you register to use the Application you will provide your email address and a password. You may also have the option to provide other identifying information such as your name, photographs and an address, but you are not required to do so. The Providers will use your mobile phone number to verify your account and will use your email address to contact you regarding your use of the Application. The Providers may also use the information you provide to contact you from time to time regarding important information, notifications and marketing promotions. We do not knowingly contact or collect personal information from minors under the age of eighteen. If you believe we have inadvertently collected such information, please contact us so we can promptly remove the information.
Automatically Collected Information. The My Access App collects some information automatically, including such things as the type of mobile device, your mobile phone number, the mobile operating system you use and your mobile device unique device I.D. and IP address. When you use the My Access App we will use GPS technology to determine and create a record of your current location. We will not share your location with other users or partners, although your location and other information you provide will determine how the Providers fulfill on the service. Use of the My Access App requires you to turn your mobile device location services on. If you do not want us to have access to your location, if you do not want us to collect your mobile phone number, or if you do not want us to have access to your mobile device location services, you should not install or use the My Access App.
Use of Information. The My Access App uses your information in the following ways: to provide you the service, to facilitate the creation of and secure your user account, to identify you as a user in our system, to provide improved administration of our services, to improve the quality of experience when you interact with our services, to collect information regarding your likeness and location, to send you a text message to verify your phone number and a welcome email to verify ownership of the email address provided when your account was created, to send you a request form in accordance with your use of the Application, to send you administrative email notifications and respond to your inquiries and requests, and to market the Providers services to you directly.
Information Security. We are concerned about safeguarding your information. We take reasonable steps to secure your information against unauthorized access or disclosure. Information security cannot be guaranteed, and although we endeavor to provide reasonable information security, we cannot address or prevent all security concerns.
Information Sharing. Other than among the Providers, we generally do not share information. In order fulfill on the service, we may share your information with vendors or contractors. Their use of information is limited to the purpose of fulfilling on the service and is subject to agreements that require information be kept secure. Our vendors provide assurance that reasonable steps are taken to safeguard any and all such information. To fulfill on the service, we also may make your information available to third parties in these limited circumstances: with your consent, when we have a good faith belief it is required by law, when we have a good faith belief it is necessary to protect our rights or property, or to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.
Data Storage. We are not obligated to store your information at any time for any reason. We may choose to store your information indefinitely, and we have the sole and exclusive discretion regarding whether and when to remove your information at any time for any reason. We will regularly delete your data from our database when information you submit is incomplete, vague or ambiguous, a location that is the subject of your request has already received a Public Service Announcement, we update, backup, reset, amend, modify or migrate the Application, the Technology or any portion of our database, thirty days have elapsed since the Application notified you of the disposition of your submissions, or we decide, in our exclusive judgment and discretion, that it is necessary. Once your information has been deleted from our system, we will not be able to recover it. We are not obligated to get your consent or to inform you regarding the removal or deletion of your information. You should not rely on the Application to retain information that has value to you independent from the purpose of the Application. You agree to keep your own records regarding information you want to keep and not to rely on the Application for that purpose.
Contact us. If you have any questions regarding privacy while using the Application, please contact us via email at email@example.com, call us toll free at (844) ADA-LAWS, or visit us at www.adalawyer.com.