Consent to Collection and Sharing of Precise
In order to provide the ActivPoint service, your precise location data is obtained and accessed by NC4, your employer and their service providers, even when you are not actively using the application (i.e., when the application is running in the background).
You may, at any time, pause or log out from the ActivPoint application on your device(s) to stop the collection and accessing of precise location data and the transfer of location data to your employer and/or its service providers (tracking) and to stop alert notifications. Position reporting can be switched off at any time by setting "Report My Position" to OFF or selecting "Pause" from within the App Settings. Tracking and reporting can also be stopped by logging out of the application, by deleting the application from the mobile device or by disallowing the application to access location services through the permission system used by the device's operating system. However, service provision will be limited or unavailable without location data.
Service Requirements and Disclaimer
The performance of ActivPoint as advertised requires an operational mobile device, compatible data device or hardware, GPS functionality, satellite access, and network connectivity. Further, the Distress button within ActivPoint will not trigger an emergency response, but only transmits a distress signal through NC4 Risk Center™ to your employer. NC4 shall in no way be responsible for the provision of any emergency response with respect to the Distress button or any aspect of the Service. The Service may result in increased battery usage or additional usage fees unrelated to the Service.
THE SERVICE AND NC4 CONTENT ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY. ALL WARRANTIES ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. NC4 DOES NOT WARRANT THAT ANY INFORMATION WILL BE ACCURATE, COMPLETE, FREE FROM ERROR OR TIMELY WHETHER IN CONTENT OR PRESENTATION, NOR THAT ALL OR ANY ASPECT OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR MEET YOUR REQUIREMENTS. NC4 MAKES NO WARRANTY REGARDING CONTENT, SOFTWARE OR SERVICES PROVIDED BY OTHER THIRD PARTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
Data Usage or Other Fees
You are responsible for any data usage or other fees charged by your wireless carrier.
a. use the Service solely for your employer's business continuity, security and/or travel risk management ("Purpose") and for no other purpose;
b. not use, or allow any third party to use, the Service or any content of communications or any information provided by NC4 as part of the Services ("NC4 Content") for any commercial use or financial gain, or in competition with NC4;
c. use your own due diligence to assess the accuracy, reliability and quality of all NC4 Content, including any linked sites, and application of such NC4 Content to yourself;
d. not knowingly provide to NC4 incomplete or inaccurate information;
e. not use the Service to communicate information that infringes on the rights of any person or entity or violates the law;
f. obtain and maintain in good working order your own means to receive communications via the Service;
g. not directly or indirectly sell, license or otherwise provide the Service or any NC4 Content to any third party, nor directly or indirectly disseminate NC4 Content to any third party, with the exception of disseminating NC4 Content in an isolated emergency only as reasonable to protect the health and safety of you or another third party;
h. not (i) alter or duplicate the Service; or (ii) attempt to decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the underlying software application or the Service; and
i. not remove, obscure, or alter NC4's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Service or any NC4 Content, or otherwise violate any trademark or copyright associated with the Service or NC4 Content.
If NC4 determines at any time that you have abused the Service or violated any of these Terms, NC4 reserves the right to terminate your access to the Service immediately without notice.
You acknowledge and agree that you are acquiring only the right to use the Service and receive NC4 Content licensed under the Contract for the limited Purpose defined above. NC4, or its licensor(s), is the owner of all right, title and interest in and to the Service and NC4 Content and all components and underlying software applications thereof and all modifications thereto, and any and all associated copyrights, trademarks, trade secrets, patents, patent applications and associated rights in and to all of the foregoing.
NC4 hereby grants you, through the Contract, a limited, non-exclusive, non-transferable, non-assignable license, without the right to grant sublicenses, to access and use the Service and NC4 Content solely for the Purpose defined above and for no other purpose, and NC4 reserves all rights not expressly granted herein and/or in the Contract. This license is conditioned on you always complying with these Terms.
Third Party Sites
Assumption of Risk
YOU AGREE THAT YOU USE THE SERVICE AND/OR ANY THIRD PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER UNDERSTAND AND AGREE THAT NC4 DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SERVICE.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL NC4 BE LIABLE TO YOU PERSONALLY FOR ANY LOSS, INJURY, OR DAMAGES (INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUES OR OTHER INCIDENTAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE.
If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall be valid and enforceable to the fullest extent permitted by law.
Governing Law; Dispute Resolution
Matters relating to these Terms will be governed and interpreted by the substantive laws of the State of California, without regard to conflicts of law principles. Any questions, concerns, or complaints regarding these Terms shall be directed to the NC4 address below. NC4 will investigate and attempt to resolve complaints and disputes regarding these Terms. For complaints that cannot be resolved between NC4 and the complainant, NC4 has agreed to participate in the dispute resolution procedures of the International Centre for Dispute Resolution of the American Arbitration Association. By utilizing NC4's Service, you also agree to subject any unresolved complaints to these dispute resolution procedures. For more information regarding The International Centre for Dispute Resolution, please consult its website at www.icdr.org or call 800.778.7879.
Questions, comments, or complaints pertaining to these Terms or NC4's collection, use, transfer or retention of your precise location data should be submitted to NC4 via the following means:
Attn: Legal Department
100 N. Sepulveda Blvd., Suite 200
El Segundo, CA 90245
Effective Date: August 4, 2016