Life Activated Privacy

General



These Terms of Use are a legally binding agreement between memberTEK, LLC (the “Company”, "we" or “us”) and between you ("user" or "you").



These Terms of Use constitute the entire agreement between you and the Company concerning your use of GroupTXT in-app subscription (the "Services").



Please read the Terms of Use carefully before subscribing to the Services.



By accessing and using the Services you acknowledge that you have read these Terms of Use and our Privacy Policy which is incorporated herein by reference, as may be amended from time to time (collectively “the Terms”). These Terms shall govern any and all kind of use and features offered via the Services as may become available from to time to time. You agree to be bound by these Terms and to fully comply with them.



If you do not agree to any of the Terms you should immediately stop using the Services.



2. The Services



We provide an optional in-app subscription that allows you to create groups of recipients and then send text messages to all the members or a group at once.



3. Eligibility



Any use of the Services by anyone under the age of 13 is prohibited. By accepting the Terms, you declare that you are at least 13 years or older and that you have the legal capacity to enter this agreement, including consent of your parent or guardian (where applicable) to use the Services.



4. Subscribing to the Services



This is an optional monthly subscription available in 2 versions: GroupTXT Basic for $9.99/month, which includes the ability to send/receive 750 text messages each month, and GroupTXT Plus for $19.99/month, which includes the ability to send/receive 1,750 text messages per month.



If you wish to purchase a subscription, you may do so by clicking one of the purchase buttons available on the GroupTXT subscription page accessed from the GroupTXT menu item within the GoRecruit app.



5. Payment and Fees



If you purchase one of these subscriptions, payment will be charged to your iTunes Account at confirmation of purchase. Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Your iTunes Account will be charged for renewal at the same rate as the initial period within 24-hours prior to the end of the current period. You can manage your subscription and/or turn off auto-renewal by going to your Account Settings after purchase.



6. Intellectual Property and License



Subject to your full compliance with the terms and conditions of these Terms and with applicable laws and regulation, we grant you a world-wide, limited non-exclusive, non-transferable, non-sub-licensable license to use and access the Services on a mobile device that you own or control. Any right that is not expressly granted to you under these Terms is expressly reserved by the Company.



All our intellectual property assets (“IP“) including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. Our Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to our trademarks or the trademarks of any third party.



Except as expressly stated herein, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of our Services, without our prior written permission. You hereby warrant that you will not make any copies of, modify, adapt, disassemble, translate, decompile, distribute or otherwise transfer, rent, lease, loan, resell, sublicense or reverse engineer our Services or any part thereof.



If you link from another website or applications to one or more of our Services, the website or the application, as well as the link itself, may not, without our prior written permission, suggest that we endorse, sponsor or are affiliated with any non-Company website, application, entity, service or product, and may not make use of any of our IP other than those contained within the text of the link.



You hereby declare that you understand that the applicable App Store (Apple App store, Google Play or any other store, if becomes available) is a third party beneficiary of these Terms, and has the right to enforce these Terms against you, under certain circumstances and given jurisdictions.



7. Privacy



At all times your information and Content will be treated in accordance with our Privacy Policy, which describes how we access, use, store and disclose your information and Content when you use the Services, and is incorporated in these Terms by reference. By accessing and using the Services, you agree and understand that we will use your information and Content as set forth in our Privacy Policy, and you allow us to do so.



8. Your Representations and Undertakings



a. You shall use our Services in complete accordance with the Terms, as amended from time to time, and only for the purposes stipulated in the Terms.



b. You represent and warrant that all information and Content that you submit upon the sign-in process (including information submitted from your social network account, if applicable) and all other Content which is shared by you when using our Services, is accurate and truthful and that you will promptly update any information or Content provided by you that subsequently becomes inaccurate, incomplete, misleading or false.



c. By using the Services with respect to Content which is uploaded or used by you, you affirm, represent, and warrant that:



(i). you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Content in the manner contemplated by the Services and these Terms;



(ii). you have the written consent, release, or permission of each identifiable individual person referenced in your Content to use their name, contact details (e.g. emails, phone numbers), etc. as part of the Services;



(iii). the Content do not violate any applicable laws, including but not limited to applicable local laws and privacy and data collection laws;



(iv). the Content does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent or other intellectual property or proprietary right;



(v). you may not upload Content that: (a) include unauthorized commercial communications (such as spam or other unauthorized advertisement material); (b) include confidential information or personal information about any third party without their consent; (c) contain viruses or other malicious code; (d) bully, intimidate, or harass any other user, entity or person; (e) contain any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material ; (f) facilitate or encourage any violations of these Terms; (g) include misleading information or that are part of a scam; (h) include content that is age-restricted or content that contains sexual materials or any offensive, indecent or objectionable information or images; (i) include content that encourages the use of drugs; or (j) contains photos or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian).



d. You grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use and store your information and Content in connection with the Services.



e. You acknowledge that you are responsible for any information or Content that you submit or transmit through the Services and any other communications options available by us, including your responsibility as to the privacy, legality, reliability, appropriateness, originality and copyright of any such information and Content, whether publicly posted or privately transmitted.



f. You acknowledge that in order to use the Services, you must use WiFi or receive data connectivity services from your service provider. The cost of the WiFi or data connectivity service may vary among service providers. It is your responsibility to review such costs and to determine whether you wish to bear such costs or not. In particular, you further acknowledge that the cost of such data connectivity service may rise significantly when roaming internationally. Therefore, you are advised to consider the cost of using the Services, depending on your location at any particular time.



g. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you share as part of the Services. The Company may delete any Content, in whole or in part and without any prior notice, that in the sole judgment of the Company violates the Terms or may harm the reputation of the Services or the Company.



9. Prohibited Conduct



You represent and warrant that any download, install, use or access you make with the App or the Services is under your own choice and responsibility. You represent that any use you make of the Services will not constitute or otherwise include any Prohibited Conduct.



“Prohibited Conduct” shall mean to include, but not limited to, the following:



a. Violating laws, rules, regulations, applicable policies and third party rights.



b. Except as explicitly permitted under these Terms, share or permit others to use the App or Services, rent, lease or transfer the Services or any rights to use them.



c. Delete or modify any attributions, legal notices or other proprietary designations or labels on the App, or Services, or on any third party material contained or otherwise available therein.



d. Solicitation: You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.



e. Interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services.



f. Disruption: You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the services, or violating any regulation, policy, or procedure of any network, equipment, or server.



g. You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the services; You may not use or attempt to use another’s account or personal information; You may not attempt to gain unauthorized access to data or the Services, or the computer or mobile systems or networks connected to the Services, through hacking password mining or any other means; Otherwise violating these Terms or creating liability for us.



10. Permissions and User's Choice



In order to use the Service, you may wish to provide access to your contacts, including related details that are save under such contacts as they are saved in your system, phone numbers and any other data that is saved under your phonebook directory. You are solely responsible and liable for the use you make of your contacts list, including providing third party applications to provide services related to such list. You hereby represent and warrant that you own all rights, titles and interests required for you to use of the Services in the manner contemplated herein.



11. Warranty Disclaimers



To the maximum extent permitted (or otherwise not prohibited) under applicable laws, the Services are provided "as is" with no express, statutory or implied warranty of any kind, including without limitation, for: (a)accuracy or accessibility; (b) that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, including without limitation, those warranties of title, non-infringement, merchantability, suitability or fitness for a general or particular purpose; (c) the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services and any related content.



You acknowledge and agree that your use of the Services and your Content is at your own discretion and sole risk and that the entire risk as to the results and performance of the Services, including, without limitation, any damages to your well-being, your computer system, mobile device or any other device used to access the Services, or data stored on such devices, is solely yours.



The Company will not be held responsible for any consequences to you or any third party that may result from technical problems, including without limitation internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.



The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.



The Company shall not be responsible and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Services, whether caused by users or any of the equipment or programming associated with or utilized in the Services; or (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications.



12. Indemnity



You agree to defend, indemnify and hold harmless the Company, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your act or omission caused damage to a third party.



Under no circumstances whatsoever will the Company be liable in any way for any of the Content (including your contact) you share or publish, including, without limitation, for any infringement of third party's right, loss or damage of any kind incurred as a result of the use or display or performance of any third party content transmitted, displayed or otherwise made available through the Services.



13. Limitation of Liability



To the fullest extent permitted by applicable law, in no event will the Complay be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the Services (or the termination thereof for any reason), even if the Company has been advised of the possibility of such damages.



To the fullest extent permitted by applicable law, the Company shall not be responsible or liable whatsoever in any manner for any Content posted on or available through the services (including claims of infringement relating to that Content), for your use of the Services, or for the conduct of third parties on or through the Services.



Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.



14. Governing Law



These Terms are governed by the Israeli law, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of Jacksonville, Florida shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of use.



15. General Terms



Failure by the Company to exercise any right or remedy under the Terms does not constitute a waiver of that right or remedy. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.



The Company reserves the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.



You may not transfer, assign, sublicense or pledge any of your or your rights or obligations under the Terms without the Company’s prior written approval.



The Company reserves the right, at its sole discretion, to periodically amend or revise the Terms. Material changes will be effective immediately upon the publication of the amended Terms. Your continued use of the App or the Services, following the amendment of the Terms, constitutes your acknowledgement and consent of such amendments to the Terms. The last revision will be reflected in the "Last modified by" heading above. In the event of a material change to these Terms, Users may be notified within the Application.



16. Contact Information



If You have any questions about these Terms, please contact us at gorecruitappsupport@membertek.com.



Rev 2/15/2018