Lobby Transit Terms of Use

These Terms of Use (the “Terms”) govern your use of the software app entitled “Lobby Transit” (the “Mobile App”) that is offered by TEECOM, Inc. (“Company”). If you do not agree with or are not willing to comply with any portion of these Terms, do not download or use the Mobile App.

The Mobile App

The Mobile App enables users to create a transit display in their lobby or office space.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Acceptance of Terms

The terms and conditions outlined in these Terms govern all matters related to your installation and use of the Mobile App and supersede all other agreements, representations, warranties and understandings with respect to the Mobile App. By entering into these Terms electronically, you agree that these Terms have the same force and effect as an agreement made in writing and that Company that may provide you with any notices and terms about the Mobile App electronically by posting such notice on the Site.

Membership

To use certain features of the Mobile App, you may have to create an account (“Account”). To create an Account, you must provide certain information about yourself as prompted by the registration process on the Mobile App. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by uninstalling the Mobile App. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one Account. You agree not to create an Account or use the Mobile App if you have been previously removed by us, or if you have been previously banned from any of the Mobile App. Company reserves the right in its sole discretion to suspend or terminate your Account and refuse any and all current or future use of the Mobile App (or any portion thereof) at any time for any reason. You agree that Company will not be liable to you or to any third party for any suspension or termination of your Account or any refusal of any use of the Mobile App (or any portion thereof).

Update and Modification of the Terms

PLEASE NOTE THAT The Terms are subject to change by THE Company in its sole discretion at any time. When changes are made, the Company will make a new copy of the Terms available at the following website: www.teecom.com/appsforbuildings/terms/ (“Site”) and within the Mobile App. We will also update the “Last Updated” date at the bottom of the Terms. Any changes to the Terms will be effective immediately for new users of the Mobile App and will be effective thirty (30) days after posting notice of such changes on the Site for existing users. The Company may require you to provide consent to the updated Terms in a specified manner before further use of the Mobile App is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Mobile App. Otherwise, your continued use of the Mobile App constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

Company reserves the right, at any time, to modify, suspend, or discontinue the Mobile App or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Mobile App or any part thereof.

Ownership Rights and License

Unless otherwise noted, the Mobile App, and all text, content and documents on the Mobile App, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress or other intellectual property rights appearing in and used to operate the Mobile App, and the organization, compilation, look and feel, illustration, artwork, videos, music, software and other works contained within the Mobile App (“Content”), are owned by Company (or its affiliates) or used with permission or under license from a third party (each, an “Owner”), and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between you and Company, all right, title and interest in and to the Content will at all times remain with Company and/or the Owners. All brand names, product names, titles, slogans, logos or service marks and other marks used on the Mobile App, are registered and/or common law trade names, trademarks or service marks of Company or the applicable Owner.

Subject to the terms and conditions herein, Company grants you a personal, revocable, limited, non-transferable license to use the Mobile App on any iPhone, iPad or iPod Touch. With respect to any Mobile App accessed through or downloaded from the App Store (the “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”) (“Usage Rules”). This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the Mobile App or any Content (either in whole or in part), or access or use the Mobile App in order to build a similar or competitive product or service. All Updates will be governed by the version of these Terms published by Company as of the date you install such Update. Any rights not expressly granted herein are reserved.

User Conduct and Compliance with Laws

As between you and Company, you are solely responsible for your use of the Mobile App and for all activity with respect to your use of the Mobile App. You shall use the Mobile App only in compliance with applicable local, state, federal, and international laws. You agree that you will not use the Mobile App, without Company’s express written consent: (a) to copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than which the Mobile App is being provided to you; (b) to conduct or promote any illegal activities; (c) attempt to reverse engineer or jeopardize the correct functioning of the Mobile App, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Mobile App; or (d) attempt to gain access to secured portions of the Mobile App to which you do not possess access rights.

The Mobile App may enable you to add your own customized text to the Mobile App’s display(s) and other output (“Your Content”). You hereby grant us a non-exclusive, fully paid, royalty-free, perpetual, irrevocable, worldwide, right and license to use Your Content for the purpose of provide you the services you request via the Mobile App. You represent and warrant that you will not upload, post or otherwise make available any content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.

Application Stores

The following additional terms and conditions apply to you if you are using a mobile application from an App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section (Application Stores) of these Terms, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Mobile Apps from the App Store.

1. Acknowledgement. Company and you acknowledge that these Terms are concluded between Company and you only, and not with any App Store, and Company, not the App Store, is solely responsible for the Mobile App and the content thereof. To the extent these Terms provide for usage rules for the Mobile App that are less restrictive than the Usage Rules as defined in these Terms, or otherwise are in conflict with the application store terms of service, the more restrictive or conflicting App Store terms of service or Usage Terms shall apply, as applicable.
2. Scope of License. As further described in these Terms, the license granted to you for the Mobile App is limited to a non-transferable license to use Mobile App on the iOS device that you own or control and as permitted by the Usage Rules.
3. Maintenance and Support. Company is solely responsible for providing any maintenance and support services (if any) with respect to the Mobile App, as specified in these Terms, or as required under applicable law. Company and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
4. Warranty. Company, and not the App Store, is responsible for product warranties, whether express or implied by law, as described in these Terms. If the Mobile App fails to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price of the Mobile App to you; and to the maximum extent permitted by applicable law, the App Store 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 Company’s responsibility.
5. Product Claims. Company and you acknowledge that the App Store is not responsible for addressing any of your or any third party’s claims relating to the Mobile App or your possession or use of the Mobile App, including, but not limited to: (1) product liability claims; (2) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. These Terms limit Company’s liability to you beyond what is required under applicable law.
6. Intellectual Property Rights. Company and you acknowledge that, in the event of any third party claim that the Mobile App or your possession and use of Mobile App infringes that third party’s intellectual property rights, the App Store will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance. You represent and warrant that (1) you are 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address. Company’s contact information for any questions, complaints, or claims with respect to Mobile App is set forth below.
9. Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using Mobile App, if any.
10. Third Party Beneficiary. You agree that the App Store (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms.

In-App Purchases

The Mobile App may include functionality that enables you to receive additional services, or licenses to additional functionality or content for use within the Mobile App (“In-App Purchases”). You agree to pay all fees or charges associated with In-App Purchases you make in accordance with the App Store terms then in effect. All payment information that you provide in connection with In-App Purchases must be accurate, current and complete.

Termination

These Terms are effective until terminated by you or Company. Company may, in its sole discretion, suspend your rights to use the Mobile App and/or suspend, disable, or delete your Account (or any part thereof) at any time for any reason. You may terminate your Account at any time by uninstalling the Mobile App. Your rights under these Terms will terminate automatically without notice from Company if you fail to comply with any term(s) of this license. Upon termination of these Terms you shall cease all use of the Mobile App, and destroy all copies, full or partial, of the Mobile App. All provisions of these Terms which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APP AND ANY content or information PROVIDED BY THE MOBILE APP, INCLUDING ALL THIRD PARTY CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOBILE APP AND ANY content or information PROVIDED BY THE MOBILE APP, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE MOBILE APP OR ANY CONTENT PROVIDED BY THE MOBILE APP, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MOBILE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOBILE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MOBILE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the GREATER OF (a) THE TOTAL AMOUNT PAID BY YOU TO COMPANY DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR (B) ONE HUNDRED dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Ability to Accept Terms of Use

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury; Applicable Law

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS.

Any and all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) between you and Company arising under or related in any way to these Terms must be resolved through binding arbitration on an individual basis as described in this Arbitration Agreement. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Mobile App.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be sent to: 1333 Broadway Ste. 601 Oakland, CA 94612. Arbitration shall be initiated through the American Arbitration Association (“AAA”). The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court or in circumstances where this Arbitration Agreement permits the parties to litigate in court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in San Francisco, California and the parties hereby agree to submit to the personal jurisdiction of such courts.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Legal Compliance

You represent and warrant that (a) you are 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Company Name and Address

Company’s contact information for any end-user questions, complaints or claims with respect to Mobile App is support@teecom.com.

Indemnification

You agree to indemnify, defend, release, and hold harmless Company, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of, or inability to use, the Mobile App, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this section will survive any termination of these Terms or your access to the Mobile App.

Equitable Remedies

You hereby agree that if the terms of this Agreement are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.

Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

General

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Last updated: November 24, 2014