Marc Jr. Foundation Mobile Application End User License Agreement
This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Marc Jr. Foundation (“MJF”). This Agreement governs your use of the Marc Jr. Foundation Application on iOS and Android operating systems (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY SELECTING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT; (C) REPRESENT THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS LICENSE AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THIS LICENSE AND THE RELATED AGREEMENTS; AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “AGREE” BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.
- License Grant
Subject to the terms of this Agreement, MJF grants you a limited, non-exclusive, and nontransferable license to:- download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
- access, stream, download, and use on such Mobile Device the products, information, and services accessible through the Application, and certain features, functionality, and content accessible, made available in, or otherwise accessible through the Application (“Content and Services”), strictly in accordance with this Agreement.
- License Restrictions
Licensee shall not:- copy the Application, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
- 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
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
- Reservation of Rights
You acknowledge and agree that the Application is provided under license and not sold to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. MJF and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. - Collection and use of your information
You acknowledge that when you download, install, or use the Application, MJF may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy, a copy of which may be accessed at https://marcjr.org/privacy-policy-app. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. - Geographic Restrictions
The Content and Services are based in the state of Colorado in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. - Updates and Notifications
MJF may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). MJF may also, in its sole discretion, provide notifications to End Users which may contain information related to Application Updates, messages from MJF and other End Users, and other materials which MJF, in its sole discretion, determines to be beneficial to the function of the Application (collectively referred to as “Notifications”). Updates may also modify or delete in their entirety certain features and functionality, including Notifications. You agree that MJF has no obligation to provide any Updates or Notifications or to continue to provide or enable any particular features or functionality, including Updates and Notifications. In accordance with Sections 10 and 11 of this Agreement, MJF specifically disclaims any and all warranties, whether express or implied, and specifically limits its liability with regard to its decision to provide or not provide Updates and Notifications. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
- Third-Party materials, websites and advertisement
The Application may display, include, or make available third-party content (including data, information, facts, opinions, advice, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that MJF is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. MJF 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 links, including any medical information, facts, opinions, or advice, is/are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. You acknowledge and agree that the provision of access to any Third Party Materials shall not constitute or imply any endorsement by MJF of such Third Party Materials. MJF reserves the right to restrict or deny access to any Third Party Materials otherwise accessible through the Application, although MJF has no obligation to restrict or deny access even if requested by you. You acknowledge and understand that this Application is not a substitute for formal medical advice and MJF disclaims any and all liability (in accordance with Sections 10 and 11 below) related to any medical or nonmedical information, facts, opinions or advice provided by any third party while using the Application.Advertisers:
We allow advertisers to display their advertisements and other information in certain areas of the app, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the app and any services provided on the app or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the app, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers. - Editorial Power
MJF expressly reserves the right, but shall not be obligated to, in its sole discretion, monitor, edit, modify, add to, or delete (in its role as “Moderator”) any message, post, journal entry, or communication of any kind (“Communications”) by and between any End User(s), including you. In accordance with Sections 10 and 11 below, MJF expressly disclaims any and all warranties and any and all liability related to any actions it, in its sole discretion, performs or does not perform as Moderator of the Content and Services or Communications within the Application. - Term and Termination
- The term of Agreement commences when you acknowledge your acceptance to this Agreement and will continue in effect until terminated by you or MJF as set forth in this Section 9.
- You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
- MJF may terminate this Agreement and the Application at any time without notice. You agree and understand that MJF is under no obligation to continue to support or develop the Application and, in accordance with Sections 10 and 11 below, MJF specifically disclaims any and all warranties, whether express or implied, and specifically limits its liability with regard to any decision it makes regarding continued support and/or development of the Application. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Upon termination:
- all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
- Termination will not limit any of MJF’s rights or remedies at law or in equity.
- Disclaimer of Warranties
THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MJF, 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 APPLICATION, 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, MJF PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION 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, RELIABILITY, OR TIMING STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. - Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MJF OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO UPDATES AND NOTIFICATIONS, FOR:- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MJF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS APPLICATION AND ANY INFORMATION, FACTS, OPINIONS OR ADVICE DISPLAYED ON IT, REGARDLESS OF THE SOURCE OF SUCH INFORMATION, FACTS, OPINIONS, OR ADVICE, IS NOT A SUBSTITUTE FOR FORMAL MEDICAL ADVICE, CARE, AND TREATMENT. YOU UNDERSTAND THAT FORMAL MEDICAL ADVICE SHOULD ALWAYS BE SOUGHT PRIOR TO BEGINNING TREATMENT FOR ANY MEDICAL CONDITION. MJF SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ATTRIBUTABLE TO INFORMATION, FACTS, OPINIONS, OR ADVICE DISPLAYED ON THE APPLICATION. YOU UNDERSTAND AND AGREE THAT USE OF THE APPLICATION SHALL BE ADEQUATE CONSIDERATION FOR THE LIMITATION OF LIABILITY REFERENCED IN THIS SECTION 11. - Indemnification
You agree to indemnify, defend, and hold harmless MJF 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 Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application. - Export Regulation
The Application is intended for use within the United States of America. MJF makes no representation that this Application is appropriate or available for use in other locations. If you choose to access or use the Application from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States. You represent and warrant that you are not (a) located in any 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, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that you will not use the Application for any purposes prohibited by United States law. - Federal Food, Drug & Cosmetics Act
In accordance with the Federal Food, Drug and Cosmetic Act (“FD&C Act”), this Application is not intended to diagnose, mitigate, treat, cure or prevent any disease or other condition. To the extent that the FD&C Act may apply, this Application is intended only to: (a) assist End Users in managing a disease or condition without providing specific treatment suggestions; (b) provide End Users with easy accesses to information related to health conditions or treatments, and (c) assist End Users with documentation and communication of potential healthcare conditions to medical providers. - Health Insurance Portability and Accountability Act
In accordance with the Health Insurance Portability and Accountability Act (“HIPAA”), this Application is not intended to create, receive, maintain or transmit any personally identifiable health information (“PHI”). MJF is not a HIPAA covered entity and is not a medical or healthcare provider, insurer, or health plan. You assume all risk of any information or data that you upload, post, or enter into the Application. All information we collect through or in connection with this Application is subject to our Privacy Policy, a copy of which may be accessed at https://marcjr.org/privacy. - Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. - Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Colorado 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 this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in Adams and Weld County, Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. - The provisions of this Agreement are intended to survive the termination of this License and shall survive such termination in all regards as permitted by relevant law.
- Third Party Beneficiaries
Nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. - No Transfer by You
You may not rent, lease, lend, sublicense, assign or transfer the Application, this Agreement, or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. MJF may assign this Agreement without restriction. - Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. - Entire Agreement
This Agreement, including the documents or policies incorporated herein by reference, and our Privacy Policy constitute the entire agreement between you and MJF with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. - Contact Information
If you have questions or comments about these terms of service, please contact us at: Marc Jr. Foundation
PO Box 33042
Thornton, CO 80233 Email: [email protected]