You must be at least 13 years old to use the Assure Technologies Services or Assure Technologies Websites.
Assure Technologies offers lifestyle solutions for mobile phones, and standard-rated text messages are part of the Assure Technologies Services. For example, text messages may be sent to verify a users phone number. Messaging and data rates may apply depending on the terms of your individual mobile service plan. Major supported U.S. carriers include AT&T, Sprint, T-Mobile, and Verizon Wireless.
When you register for the Assure Technologies Services, you will be given an opportunity to select the specific services you desire from our service offerings (for example WithMe Daily Check-In). Subject to the Mobile Services Additional Terms above, certain service offerings included in the Assure Technologies Services may be used without charge from Assure Technologies whereas other services will be offered at premium charges. If premium charges apply to the specific service offerings you have selected, the charges, payment interval and other payment related information associated with the selected service offerings will be disclosed to you at the time you register for the Assure Technologies Services and choose your desired service offerings.
If you select services for which premium charges apply, you will be required to provide us with your iTunes/Apple ID and password, credit card or PayPal account information to enable Assure Technologies to automatically (either monthly, annually or at other agreed upon intervals) charge your iTunes account, credit card or PayPal account the premium charges, if any, associated with the specific services you have selected. These charges will be applied to your iTunes account, credit card or PayPal account in advance of the period in which the services are to be provided or made available to you. So for example, if the service offerings you select have a monthly billing cycle, we will charge your iTunes account, credit card or PayPal account at the beginning of the applicable month for the entire month. If the service offerings you select have a yearly billing schedule, we will charge your iTunes account, credit card or PayPal account at the beginning of the applicable year for the entire year.
You agree to maintain the accuracy, completeness and effectiveness of your billing information (including without limitation ensuring an active iTunes account, credit card or PayPal account with sufficient credit to make payments of all amounts due is authorized and included in the billing information) and to immediately make appropriate changes to your account upon any changes to such iTunes account, credit card, PayPal account or other billing information. Should you fail to do so, Assure Technologies shall have the right to immediately terminate or cancel your access to the Assure Technologies Services without notice to you and shall have no liability to you or any third party for doing so.
Assure Technologies is committed to making all rates and charges visible and predictable to you. You acknowledge and accept however, that Assure Technologies may change the charges associated with your use of the Assure Technologies Services and that, dependent on your mobile service plan, your mobile network service provider may charge you additional fees for the use of the Assure Technologies Services.Return to Top
The Assure Technologies 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, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Assure Technologies, other users of the Assure Technologies Services, or the public at large (collectively, “Communication Services”.) You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Assure Technologies Services. You agree that you shall NOT:
Assure Technologies reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Assure Technologies’ sole discretion.
Assure Technologies takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. Assure Technologies makes no representations or warranties as to the interoperability of the Assure Technologies Services with any network or servers. You acknowledge that Assure Technologies shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the Assure Technologies Services to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the Assure Technologies Services.
You acknowledge and recognize that the Assure Technologies Services is a self-help service provided through applications, mobile networks, and the internet, and that Assure Technologies does not always control or endorse the involvement of its users in the Assure Technologies Services, including who is a user, therefore, Assure Technologies specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Assure Technologies Services users are not authorized Assure Technologies spokespersons, and their views do not necessarily reflect those of Assure Technologies.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.Return to Top
Assure Technologies does not claim ownership of the materials you provide to Assure Technologies or post, upload, input or submit to the Assure Technologies Services (including pictures, personal details, feedback and suggestions) (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Assure Technologies, its affiliated companies and necessary sublicensees a worldwide, royalty free, transferable, perpetual right and license to use your Submission in connection with the operation of Assure Technologies’s and its affiliates’ businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid to you with respect to the use of your Submission, as provided herein. Assure Technologies is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Assure Technologies’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to Assure Technologies the rights and licenses set forth above. You agree that you shall defend, indemnify and hold harmless Assure Technologies and its affiliates, officers, directors, employees and agents from and against any and all third party claims (and any and all resulting losses, damages, liabilities, costs and expenses) alleging that your Submission or Assure Technologies’ use of your Submission in accordance with the rights and licenses granted above violates, infringes or misappropriates the rights of any third party or violates applicable law.Return to Top
To be effective the notification must include:
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Assure Technologies Services without liability.
That written communication must include the following:
Please send all notices under the above copyright infringement policies by email to the following individual, designated as Assure Technologies’ agent for receipt of notifications of claimed infringement:
To: Joe Rigney
Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.Return to Top
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASSURE TECHNOLOGIES SERVICES AND ASSURE TECHNOLOGIES WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. ASSURE TECHNOLOGIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ASSURE TECHNOLOGIES SERVICES AND ASSURE TECHNOLOGIES WEBSITES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ERRORS, BUGS, VIRUSES, AND/OR MECHANISMS WHICH MAY DISABLE, DAMAGE OR INTERFERE WITH COMPUTER SYSTEMS OR NETWORKS.
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ASSURE TECHNOLOGIES SERVICES AND ASSURE TECHNOLOGIES WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND THAT ASSURE TECHNOLOGIES SHALL HAVE NO LIABILITY FOR SUCH ERRORS. YOU ACKNOWLEDGE AND AGREE THAT ASSURE TECHNOLOGIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ASSURE TECHNOLOGIES SERVICES AND ON THE ASSURE TECHNOLOGIES WEBSITES AT ANY TIME WITHOUT NOICE OR LIABILITY TO YOU. INFORMATION YOU MAY RECEIVE VIA THE ASSURE TECHNOLOGIES SERVICES OR ASSURE TECHNOLOGIES WEBSITES MAY NOT BE RELIED UPON BY YOU FOR PERSONAL, SECURITY, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE ASSURE TECHNOLOGIES SERVICES ARE PROVIDED TO HELP WITH PERSONAL LIFESTYLE, BUT YOU SHOULD ALWAYS USE COMMON SENSE AND SEEK HELP WHEN IT IS NEEDED. ASSURE TECHNOLOGIES CANNOT AND DOES NOT GUARANTEE THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS OR POLICIES. YOU SHOULD VERIFY THAT APPROPRIATE EMERGENCY PERSONNEL HAVE BEEN CONTACTED AND HAVE ALL INFORMATION NEEDED TO RESPOND TO THE EMERGENCY.
ASSURE TECHNOLOGIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE ASSURE TECHNOLOGIES SERVICES OR THE ASSURE TECHNOLOGIES WEBSITES FOR ANY PURPOSE OR THE AVAILABILITY OF ANY NETWORKS OR COMMUNICATIONS LINES OR FUNCTIONING OF ANY MOBILE PHONE OR DEVICE NECESSARY FOR THE ASSURE TECHNOLOGIES SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASSURE TECHNOLOGIES AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) BE LIABLE (i) FOR DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU TO ASSURE TECHNOLOGIES IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLIAM, OR (ii) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ASSURE TECHNOLOGIES SERVICES, WITH THE DELAY OR INABILITY TO USE THE ASSURE TECHNOLOGIES SERVICES, ASSURE TECHNOLOGIES WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ASSURE TECHNOLOGIES SERVICES OR ASSURE TECHNOLOGIES WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE ASSURE TECHNOLOGIES SERVICES OR ASSURE TECHNOLOGIES WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASSURE TECHNOLOGIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. To the extent Assure Technologies may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Assure Technologies’ liability will be the minimum permitted under such law.
If we do assume the defense of such a matter, you will reasonably cooperate with Assure Technologies in such defense.Return to Top
Assure Technologies reserves the right, in its sole discretion, to terminate your access to the Assure Technologies Services and Assure Technologies Websites and the related services or any portion thereof at any time, without notice.Return to Top
Other than Submissions belonging to users, we own or license the content on the Assure Technologies Services and Assure Technologies Websites, including software, text, visual and audio content (referred to together as &ldquoContent&rdquo) and Assure Technologies’ trademarks, logos, and brand elements (referred to as &ldquoMarks&rdquo). The Content and Marks are protected under U.S. and international laws.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.Return to Top
The following terms are required by the Apple Corporation (“Apple”)
1. Acknowledgement: You and Assure Technologies acknowledge that the Terms of Service is concluded between You and Assure Technologies only, and not with Apple, and Assure Technologies, not Apple, is solely responsible for the Licensed Application and the content thereof.
2. Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and Support: Assure Technologies is solely responsible for providing any maintenance and support services with respect to the Service, as specified in these Terms of Service, or as required under applicable law. You and Assure Technologies acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
4. Warranty: Assure Technologies is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Service to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Assure Technologies sole responsibility.
5. Product Claims: You and Assure Technologies acknowledge that Assure Technologies, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: You and Assure Technologies acknowledge that, in the event of any third party claim that the Service or Your possession and use of that Service infringes that third party”s intellectual property rights, Assure Technologies, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim as outlined in these Terms of Service.
7. Legal Compliance: You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third Party Beneficiary: You and Assure Technologies acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Service, and that, upon your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against the end-user as a third party beneficiary thereof.Return to Top
Assure Technologies can be contacted at:
Assure Technologies, Inc
252 First Ave
Santa Cruz, CA 95062