IWITNESS TERMS OF USE

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Last Modified: June 20, 2018

These Terms of Use (“Terms”) are between you (defined below) and Perpcast Inc. d/b/a/ iWitness ("iWitness," “we,” “our,” or “us”) and control your use of the iWitness personal safety app (the "Application"), and the website www.iWitness.com (the “Website”) (collectively the “Services”). As used in these Terms, “you” and “your” includes purchasers and end-users of the Services, as well as the end-users’ Emergency Contacts (defined below) who may opt-in to receive certain Personal Safety Information (defined below) regarding the end-user.

BY USING THE SERVICES, YOU CONSENT TO BE BOUND BY THESE TERMS AS WELL AS THE IWITNESS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, DO NOT USE THE SERVICES.

IMPORTANT: THE SERVICES MAY NOT BE AVAILABLE IN ALL LOCATIONS AT ALL TIMES. THE SERVICES ARE NOT INTENDED TO REPLACE 911 OR OTHER EMERGENCY SERVICES. 

IF YOU ARE IN IMMEDIATE DANGER, ARE SUFFERING A MEDICAL EMERGENCY, OR ARE THE VICTIM OF A CRIME, CALL 911 AND/OR THE APPROPRIATE AUTHORITIES IMMEDIATELY AND DO NOT RELY ON THE SERVICES.

1. CHANGES TO THESE TERMS. We may revise or update the Terms from time to time in our sole discretion.  All changes are effective as soon as they are posted. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are encouraged to check this page from time to time, so you can be aware of any changes to the Terms, as they are binding on you. These Terms are current as of the date listed at the top of the page.

2. ACCESS AND USE OF THE SERVICES

2.1. Services; Lawful Use. The Services allow you to use your smartphone to record video, photo, and audio footage (collectively “Personal Safety Information”) and to transmit it, together with your location information, to your Emergency Contacts (defined below) and law enforcement authorities.  You may access and use the Services only for lawful, authorized purposes and you will not misuse the Services in any manner (as determined by iWitness in its sole discretion). See Section 6 for specific provisions outlining prohibited uses of the Services.

2.2. Use By Minors. Children under eighteen (18) years old are not permitted to use the Services without permission from a parent or legal guardian. You warrant that, if you are under the age of eighteen (18) years old, that you have received the permission of your parent or guardian to use the Services.  Parents and legal guardians who have authorized use of the Services by a person under the age of eighteen (18) are solely responsible for that person’s use of the Services.

2.3. Specific User Rights to the Services.

A. Purchasers. If you have purchased the Application, either for yourself or someone else, but have not yet created an Account (defined below), your rights to use the Services are limited to the Website, subject at all times to your compliance with these Terms as applicable.

B. End Users. If you have created an Account, you are authorized to use the Website and the Application, subject at all times to your compliance with these Terms.

C. Emergency Contacts. If you have been asked, and have accepted an end-user’s request, to receive his or her Personal Safety Information in the event of an incident, you are considered an “Emergency Contact.”  Your rights to use the Services are limited to receipt of an End-User’s Personal Safety Information, subject at all times to your compliance with these Terms as applicable.  If you no longer agree to be a Emergency Contact, please contact info@iwitness.com.

2.4. Accounts. As an end-user of the Services, you may be required to create an account before using some or all of the Services ("Account"). Your Account is personal to you, and you may not lend, rent, lease, sell, trade, gift, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep such information up to date.  You agree to notify us immediately of any unauthorized access to or use of your Account, user name, or password or any other breach of security related to the Services.  You are solely responsible for maintaining the confidentiality of your Account username and password and for any activities that occur under your Account. iWitness does not authorize use of automated methods to create Accounts and reserves the right to immediately terminate your access to the Services or your Account if it believes, in its sole discretion, that you have breached these Terms or have otherwise violated any applicable law, rule, or regulation in your jurisdiction. 

 2.5. License. If you have created an Account for your personal use of the Application, and provided you comply with these Terms, iWitness grants you a non-exclusive, nontransferable, non-sublicenseable, limited right and license to download, install and use the Application for your personal, non-commercial use on mobile devices owned or otherwise controlled by you ("Mobile Device").

2.6. Restrictions. Unless expressly authorized herein, you may not: (a) copy the Application; (b) modify, translate, adapt, or otherwise create derivative works of or improvements to the Application; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.

2.7. Reservation of Rights. You do not have, nor do you acquire by virtue of your use, any ownership interest in the Application. iWitness reserves and retains its entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein.

3. YOUR RESPONSIBILITIES FOR YOUR CONTENT AND CONTENT YOU SEND AND/OR RECEIVE

3.1. Content. You are solely responsible for your conduct, all communications you may have with others, and the content created by you in connection with the Services (“Content”), and your use of any Content received by you in connection with the Service.  Content includes data and content uploaded, posted, transmitted or otherwise made available via the Services, including any videos you may make using the Services as well as your contact information, the contact information of your trusted contacts, and your location information.  You are solely responsible for keeping all Content and the Services up to date (ex., if iWitness provides an update, patch or otherwise makes available adjustments to the Application).  iWitness is not responsible for your failure to keep your contact information accurate and up to date.

3.2. Privacy Policy. We will store, use and transmit personally identifiable information that we collect from you in accordance with our Privacy Policy, which is located at https://iwitnessapp.squarespace.com/privacy-policy

3.3. Sending and Receiving Content.

A.  Your communications through the Services are solely between you and the directed recipient(s). You agree that iWitness, its affiliates and/or third-party service providers are not responsible or liable for any loss, personal harm, or damage of any sort incurred as the result of any such communications, the delivery or failure thereof, or any response or lack thereof by the recipients or emergency responders.

B.  You are solely responsible for the management of the number of messages you transmit or receive through the Services. Further, you understand and acknowledge that your use of the Services from your Mobile Device is subject to any agreements with your network service provider and any fees they may charge, including but not limited to the fees to access or deliver Content.

C.  You understand and acknowledge that network services, including but not limited to mobile network services, are outside of iWitness’s control and influence and that iWitness may not be able to assist in resolution of such problems. iWitness is not responsible or liable for any network problems or errors.

D.  iWitness does not guarantee that the Services can be accessed through or will be compatible with all mobile devices or wireless service plans. Your use of the Services may be limited by your network operator or by the capabilities or capacities of your terminal or Mobile Device.  The SMS messaging services is not available in every geographic location and depends on both your mobile plan and the required mobile coverage.   You acknowledge that certain operators of prepaid mobile plans do not support or offer certain mobile network services, such as delivery or receipt of messaging, and mobile Internet access, to users of their prepaid services. You understand and agree that the Services may not, in whole or in part, be available to you if you have such prepaid service and your mobile network operator does not support required mobile network services required for the Services.

E.  iWitness does not have control over all service providers necessary to the Services, or the connectivity between your Mobile Device and/or the iWitness servers and the service providers.  As such, you acknowledge and agree that iWitness is not responsible for the availability of, and communications to, all such service providers.  Further, iWitness is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available from or through any such service providers.

F.  iWitness does not control or endorse and is not responsible for Content made available through the Services.  By using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, illegal or otherwise objectionable. iWitness makes no representation or warranty (express or implied) as to the suitability, accuracy, completeness, appropriateness, or authenticity of the Content made available through the Services. You agree that you must evaluate, and bear all risks associated with, the receipt and use of any Content, that you may not rely on the Content, and that under no circumstances will iWitness be liable in any way for any Content or for any loss or damage of any kind incurred as a result of your receipt or use of any Content. iWitness does not pre-screen or approve Content, however, iWitness has the right (but not the obligation) in its sole discretion to refuse, review, delete or move any Content that is available via the Services, for violating the letter or spirit of these Terms or for any other reason. Under no circumstances will iWitness, its affiliates and/or third-party service providers be liable in any way for any Content, including, but not limited to, errors or omissions of any Content, violations of law through the use of the Services, and/or loss or damage of any kind incurred as a result of the receipt or use of any Content.

3.4. Our Use Of The Content. You grant us the right to use and transmit your Content for the purpose of providing the Services.  For example, we need to be able to transmit your Content in order to share it with law enforcement and other legal authorities, as well as to send notices to your trusted contacts.  Your Content is considered non-confidential and non-proprietary.  Your acceptance of these Terms gives us any and all rights necessary to use your Content to provide the Services to you. This includes allowing us to use third-party service providers in the operation and administration of the Services and the rights granted to us are extended to these third parties to the degree necessary in order for the Services to be provided.  iWitness is not responsible, or liable to any third party, for the Content.

3.5. Data Collection. You acknowledge that when you download, install or use the Services, iWitness may use automatic means (including, for example, cookies and beacons) to collect information about you including your location. You also understand that you may be required to provide certain information about yourself in order to download, install or use the Services, and that the Services may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Services is subject to our Privacy Policy. By downloading, installing, providing information through the Services, or receiving information through the Services, including in your capacity as a Emergency Contact, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

3.6. Data Retention. iWitness will make commercially reasonable efforts to ensure that Content  is retained for at least one (1) year from the date of its original transmission (unless otherwise compelled by law).  iWitness makes no guarantee that Content will be so retained and is not liable for any loss of any Content.  iWitness reserves the right to delete all of you Content immediately in the event of termination of the Services either by you or iWitness.

3.7. Retention of Video and GPS Content and Links.  iWitness will make commercially reasonable efforts to ensure that links to and the video and GPS Content labeled as Events will be retained for at least thirty (30) days from the time of transmission, content labeled Emergency and Saved will be retained for at least one (1) year from the date of transmission or date last saved by the user (unless otherwise compelled by law) or the termination of the Services either by you and or iWitness.

4. INTELLECTUAL PROPERTY

4.1. Ownership. The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by iWitness, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  You may use the Services solely for your personal, non-commercial use.  You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material contained in or comprising the Services, unless expressly authorized in these Terms.  You do not have, nor do you acquire by virtue of your use, any ownership interest in or to the Services. iWitness reserves and retains its entire right, title and interest in and to the Services, including all copyrights, trademarks and other intellectual property rights therein

4.2. Trademarks. The iWitness name, the terms and all related names, logos, product and service names, designs and slogans incorporated into the Services (collectively the “iWitness Marks”) are trademarks of iWitness, its affiliates, or its licensors. You may not use the iWitness Marks without iWitness’ prior written permission.

5. THIRD PARTIES. The Services may display, include or make available third-party content or provide links to third-party websites or services, including through third-party advertising, including links contained in advertisements, banner advertisements and sponsored links ("Third Party Materials"). iWitness is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect thereof. iWitness does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and any links thereto are provided solely as a convenience to you and your access and use of them is entirely at your own risk and is subject to such third parties' terms and conditions.

6. CONDUCT STANDARDS.

6.1. The Services may contain Voice-over-IP based communications, SMS based communications, data sync service, application download services, chat support services, positioning services through GPS or triangulation technology, and/or other message or communication facilities designed to enable you to communicate with us, the Services, other users of the Service including Emergency Contacts, law enforcement and/or emergency services, or the public at large (collectively, “Communication Services”.)

6.2. Prohibited Uses. You may only use the Services and the Communication Services for lawful, personal safety purposes and in accordance with these Terms. You may not use Services or the Communication Services: (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (c) to locate another user without his/her consent, unless the other user is a minor to whom you are a parent or legal guardian, or locate another user if applicable laws do not permit such actions even after consent has been granted; (d) to register for more than one Account or register an Account on behalf of an individual other than yourself or your child; (e) to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (f) to upload data or files that contain material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (g) to conduct commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering, advertising, or distribution of promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (h) to deceive any person or entity; (i) to cause annoyance, inconvenience or needless anxiety, embarrassment, alarm or annoyance to any other person; (j) to impersonate any person, or misrepresent your identity or affiliation with any person or organization; (k) to impersonate or attempt to impersonate iWitness, an iWitness employee, another user or any other person or entity; (l) to engage in any other conduct that interferes with, restricts, or inhibits anyone's ability to use the Services or the Communications Services, or, as determined solely by us, may harm iWitness or users of the Service or expose the same to any liability.

Further, you may not: (m) use any robot, spider or other automatic device, process or means to access the Services for any reason whatsoever; (n) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent; (o) use any device, software or routine that interferes with the proper working of the Services; (p) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (q) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services or the Communication Services, the server on which the Services are stored, or any server, computer or database connected to the Services; or (r) otherwise attempt to interfere with the proper working of the Services (items (a) through (r) collectively referred to as “Prohibited Uses”).

7. TERMINATION.

7.1. iWitness reserves the right to:

• Take any action with respect to any Content as we deem necessary or appropriate in our sole discretion, including if we believe that it violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services, is a Prohibited Use, or could create liability for the iWitness;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/orTerminate or suspend your Account, or access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose your identity, your Content or the identity or any other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS IWITNESS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

7.2. We do not undertake to review Content, or any materials created by you before they are posted via the Services, and we cannot ensure prompt removal of any such materials after they have been posted. We are not liable for any action or inaction regarding transmissions, communications or content provided by any user or third party in connection with the Services.

7.3. You may terminate the Services, and thereby, these Terms, by deleting the Application and all copies thereof from your Mobile Devices (as applicable) and permanently refraining from using the Services.  iWitness may terminate the Services at any time without notice in its sole discretion.  Your right to use the Services will terminate immediately and automatically without any notice if you violate any of these Terms.

7.4. Upon termination: (a) all rights granted to you under these Terms terminates; and (b) you must cease all use of the Services and delete all copies of the Application from your Mobile Device7.5.    iWitness reserves the right to terminate the license to a specific version of the Services upon issuance of a new version.  iWitness is not obligated by these Terms to continue making the Services available for any period of time whatsoever.

7.6. Except for the license granted in Section 2.5 above, all sections of these Terms that by their nature should survive termination will survive termination, including, without limitation, indemnification obligations, warranty disclaimers, and limitations of liability.

7.7. Termination of these Terms does not limit any of iWitness' rights or remedies at law or in equity.

8.     DISCLAIMER OF WARRANTIES AND LIMITS ON LIABILITY

8.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.  THE SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IWITNESS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, IWITNESS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

8.2. LIMITATIONS OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IWITNESS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER/DEVICE FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES), OR FOR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR USE OF THE SERVICES OR $100, EVEN IF IWITNESS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE SERVICES.

8.3. Indemnification.  You agree to indemnify, defend and hold harmless iWitness and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services, or your breach or violation of these Terms.

9. ADDITIONAL TERMS APPLICABLE TO SOFTWARE FOR APPLE HANDHELD DEVICES.

9.1. These Terms are solely between you and iWitness; Apple Computer, Inc. (“Apple”), has no responsibility for the Services. Further, nothing herein abrogates or reduces Apple’s Usage Rules for the Services or is intended to conflict with the App Store Terms of Service.

9.2. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Services.

9.3. In the event of any failure of the Application to conform to any warranty made in this Agreement, You may notify Apple, and Apple will refund the purchase price for the Application to you.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, or for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty in this Agreement.

9.4. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation.

9.5. Apple is not responsible for the investigation, defense, settlement or discharge of any intellectual property infringement claim you may have regarding the Application.

9.6. Apple and its subsidiaries are third-party beneficiaries to these Terms and Apple has the right to enforce these Terms against you as a third-party beneficiary.

10. ADDITIONAL TERMS APPLICABLE TO SOFTWARE DOWNLOADED FROM THE GOOGLE PLAY STORE.  This Section 10 applies to you only if you downloaded and are using the Application from Google, Inc. or one of its affiliates or successors ("Google") via Google Play.  To the extent of any conflict between the Google Terms of Service, the Google Play Business and Program Policies and such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms") on the one hand and these Terms, the Google Play Terms shall apply with respect to your use of the Application.  The Google Play Terms can be accessed here:  Google Play Terms (https://play.google.com/intl/en_us/about/play-terms.html).  iWitness and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by iWitness or you (or any other user) under these Terms or the Google Play Terms.

11. UPDATES. iWitness may develop and provide updates, content revisions, new content, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates") to the Services. You understand and agree that the Services or parts of the Services may not operate property if you do not install Updates and that Updates may modify or delete certain features and functionalities of the Services.   iWitness has no obligation to provide any Updates or to make available any particular features or functionalities of the Services.   All Updates are subject to these Terms.

12. FEEDBACK. iWitness does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide iWitness with feedback or other ideas, you agree that iWitness is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating new or derivative products.

 13. GENERAL TERMS.

13.1. Entire Agreement. These Terms constitute the entire agreement between you and iWitness with respect to the Services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services. 

13.2. No Assignment. These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining iWitness’s written consent.

13.3. Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal and State courts located in Seattle, Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.   Notwithstanding the foregoing, iWitness retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant jurisdicction. 

13.4. Arbitration. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES A WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING A CLAIM ON BEHALF OF OTHERS.

At iWitness's sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington State law.

To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings will be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and iWitness); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and iWitness).  Both parties will be responsible for their respective arbitration fees.

13.5. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED (if applicable law prohibits a one year limitation period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law).

13.6. Waiver and Severability. No waiver by iWitness of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by iWitness to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

13.7. Notices, Questions or Concerns.

The Services are operated by Perpcast Inc., d/b/a iWitness, 205 Marion St., Seattle, Washington 98104

All notices should be sent to:
Perpcast Inc., d/b/a iWitness
205 Marion St.
Seattle, Washington 98104

All other comments, requests for technical support and other communications relating to the Services should be directed to: info@iwitness.com