Member Terms and Conditions

THIS EVERSAFE TERMS AND CONDITIONS AGREEMENT (the "Agreement") between ElderScan, LLC, a Maryland limited liability company d/b/a EVERSAFE (“EVERSAFE”), and you ("you", "your" or "yours"), describes the terms under which you agree to use the EVERSAFE CATCH email monitoring service (the “Service”)and https://www.getcatch.ai (a “Website”). Unless specifically provided otherwise, the terms "you", "your" and "yours" shall include all Users of the Service.

If you use the Service with Google, then the use of the Service and the transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.  

‍PLEASE READ THISAGREEMENT CAREFULLY AS IT GOVERNS THE TERMS AND CONDITIONS OF USE OF THE SERVICE AND THE WEBSITE. THIS AGREEMENT INCLUDES AN AGREEMENT BETWEEN YOU AND EVERSAFE THAT ANY DISPUTES BETWEEN YOU AND EVERSAFE SHALL BE RESOLVED THROUGH BINDING ARBITRATION INSTEAD OF COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS IN THIS AGREEMENT, DO NOT ENROLL AS OR ON BEHALF OF A MEMBER OR USE THE WEBSITE.

1. Definitions.

‍As used in this Agreement, the following capitalized terms shall have the meanings set forth below in this Section 1:

"Base Service Fee" -shall mean the fee charged for the Service as set forth on the Website and subject to change from time to time.

“Email Monitoring Member” - shall mean an individual of eighteen (18) years of age or older who is enrolled as a user of the Service.  The Service is designed solely for personal emails and not company or organizational emails subject to the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or any other such regulation. If your interactions are subject to such laws, you may not use the Service.

"Enrolling Party" - shall mean a self-enrolling Member of the Service.

"Enrollment" - shall mean the process through which an individual shall become a Member of the Service. See Section 4 below. In no case shall Enrollment be completed or Service commence until such time as all conditions of Enrollment have been met to EVERSAFE's satisfaction, and EVERSAFE has confirmed completion of Enrollment. As part of the Enrollment of a Member, EVERSAFE may:       
i.           verify the identity of the Member and/or;     
ii.          determine the capacity of the Member in any manner that EVERSAFE deems necessary and appropriate in its sole
            discretion and/or;   
iii.         verify the device being used as part of the Enrollment process in any manner that EVERSAFE deems necessary and appropriate in its sole discretion.

"Enrollment Requirements"- an individual is eligible to become a Member of the Service if such individual is:(a) a natural person;(b) a resident of the United States; and(c) eighteen (18) years of age or older.

“Member” – shall mean an individual who has enrolled in the Service.

"Registration" - shall mean the process through which an individual shall enroll as a Member, including the agreement of such individual, to be bound by the terms and conditions of this Agreement as applicable. As part of the Registration process, EVERSAFE may verify the identity and/or determine the capacity of any potential Member in any manner that EVERSAFE deems necessary and appropriate in its sole discretion. In addition, EVERSAFE may verify the device being used as part of the Registration process in any manner that EVERSAFE deems necessary and appropriate in its sole discretion. See Section4 below. In no case shall Registration be completed until such time as all conditions of Registration have been met to EVERSAFE's satisfaction, and EVERSAFE has confirmed completion of Registration.

"Service Providers" -shall include all third parties providing services to or on behalf of EVERSAFE in connection with the Service, including, without limitation, Google and Microsoft and other third-party hosting services businesses and shall also include any third-party service and/or data providers of a Service Provider.

"User of the Service"- shall include a Member who is deemed to have capacity by EVERSAFE pursuant to and in accordance with Section 4 below. An individual must have a valid and working electronic mail (Email) address before he/she may be registered as a User of the Service.

‍2. Description of Service; Enrollment.

‍THE Service electronically scans emails of its Members for suspicious activity. An individual meeting all Enrollment Requirements may self-enroll as a Member of the Service; provided, however, that an individual may not self-enroll as a Member of the Service unless and until the individual is deemed to have capacity by EVERSAFE pursuant to and in accordance with Section 4below.  Members shall link email accounts with the Service with instructions provided by EVERSAFE.  EVERSAFE will download these emails and scan such emails for suspicious activity. When suspected suspicious activity is identified, EVERSAFE may issue an alert to the Member.   After receiving the alert, the Member will have the ability to: clear the activity as non-suspicious; or

(a)   Confirm the activity as “suspicious;” 

(b)   Forward the email to EVERSAFE for manual review; and/or 

(c)   Instruct EVERSAFE to mark all emails from the sender as suspicious.  

The relative powers, authorities and permissions of each User of the Service is as specified herein. 

NOTWITHSTANDING ANYTHING HEREIN TO THECONTRARY, AN INDIVIDUAL SHALL NOT BE ENROLLED AS A MEMBER OF THE SERVICE ANDTHE SERVICE SHALL NOT COMMENCE UNLESS AND UNTIL ENROLLMENT IS COMPLETED TO THESATISFACTION OF EVERSAFE AND EVERSAFE HAS CONFIRMED TO THE ENROLLING PARTY THEENROLLMENT OF THE MEMBER.

‍3. Payment; Cancellation; Termination; Taxes.

‍All service fees shall be subject to change from time to time and shall be paid using the payment method chosen during Enrollment. The Service shall be provided for the agreed period(s) of time so long as all service fees are current. The individual responsible for payment shall be advised of any change in service fees at least thirty (30) days prior to the effective date of such change. A service fee schedule will be available on the Website.

Any individual providing credit card or other payment information during Enrollment represents that he/she is authorized to request transactions using the form of payment presented. In the case of any credit or debit card payment, such individual authorizes EVERSAFE to: (a) submit a transaction using the credit or debit card information provided to EVERSAFE; (b) submit automatic recurring transactions, including those on a monthly, quarterly, or annual basis for Service renewals; and (c) obtain automatic updates for credit or debit cards provided to EVERSAFE.

The Enrolling Party may cancel the Service at any time through the Website. Upon termination, the remaining portion of any pre-paid service fee shall be refunded on a pro-rata basis.

To the extent that any sales and/or use taxes are imposed in connection with the Service, they shall be paid using the payment method specified during Enrollment.

‍4. Security Measures; Authentication and Capacity. EVERSAFE uses certain security measures designed to protect your privacy and to safeguard the information you provide to EVERSAFE in connection with the Service. EVERSAFE reserves the right to authenticate the user and/or the device being used for Enrollment and/or determine the capacity of any User of the Service or Member at any time and through any means deemed necessary by EVERSAFE. To that end, any User of the Service and/or Member may be subjected to a knowledge-based authentication and/or competency screening, which may require the User of the Service or Member to respond to certain questions based upon information provided during Enrollment, Registration, and/or that EVERSAFE has otherwise obtained. In all cases, EVERSAFE's determination of a member or user’s authenticity and/or capacity shall be conclusive for all purposes relating to the Service and is under no obligation to provide an explanation or justification for its decisions related to authentication and capacity

You agree: (i) to maintain the security and confidentiality of any username, password, access number(s), security question(s) and answer(s), account number(s), login information, and any other security or access information (collectively the "Access Protocols"),by which you access the Service or a Service Provider; (ii) to not share or disclose Access Protocols to any person other than EVERSAFE; (iii) to prevent unauthorized access to or use of the information, files or data that you store or use in connection with the Service; and (iii) that EVERSAFE may assume that any instruction, authorization or consent transmitted to us when a Website and/or service and/or Service Provider is accessed using your Access Protocols is yours and has been provided and sent by you. You will be responsible for all electronic communications, including account registration and other account holder information, email, financial, accounting, and other data entered using the Access Protocols. EVERSAFE may immediately deny access to the Service if it reasonably believes that any loss, theft or unauthorized use of Access Protocols has occurred.

As part of Enrollment and/or Registration, you acknowledge that EVERSAFE may request the following types of information: contact information (such as name, address, phone number, and e-mail address);personal information for identification and financial information verification purposes (such as a credit card number); and email address(es)being monitored. This information may be required in order to verify the identity of the Enrolling Party / Member, charge the agreed upon fee for the Service, and/or to fulfill our obligation to provide the Service, including communicating with third parties as necessary to provide the Service, payment validation companies, law enforcement agencies, and/or others.

‍5. Representations, Warranties, Covenants and Agreements. By agreeing to the terms and conditions of this Agreement and thereby becoming a User of the Service, you represent, warrant, covenant and agree that:

(i) you are eligible and authorized to enroll in the Service as an individual meeting all Enrollment Requirements, or to otherwise register and act as a User of the Service in accordance with the terms and conditions of this Agreement;

(ii) you are a resident of the United States and will access the Service only from locations within the territorial boundaries of the United States, Canada, and/or the United States territories of Puerto Rico, Guam and the Virgin Islands.

(iii)  information you provided during Enrollment and/or Registration, and that you may provide to EVERSAFE in the future, is, and will be, true, accurate, complete, and current, and you will keep your account information, including all Access Protocols, secure, up to date and accurate, and you will not misrepresent anyone's identity or account information. You agree to immediately notify EVERSAFE if you become aware of any loss, theft, or unauthorized use of any Access Protocols;

(iv) if any information you have provided to EVERSAFE becomes inaccurate or incomplete during the term of the Member's membership in the Service, you will promptly update the information through the Website;

(v) you are permitted to use content delivered to you through the Service only in connection with your use of the Service for the purpose of providing its benefits and safeguards. You may not copy, reproduce, distribute, or create derivative works from any such content. Further, you shall not reverse engineer or reverse compile any of the Service technology, including but not limited to any Java applets associated with the Service.

(vi) you are licensing to EVERSAFE and its Service Providers any information, data, materials or other content, including any Access Protocols you provide to the Service, together with any and all anonymous, aggregate information, or other available data that is collected through your use of the Service (collectively "Content"). EVERSAFE and its Service Providers may use, modify, display, distribute, and create new material using such Content to provide the Service, including conducting certain analytical research, performance tracking and benchmarking, updating and maintaining account data, addressing errors or service interruptions, enhancing the types of data and services that may be provided to you in the future, publishing summary or aggregate results relating to metrics comprised of research data, and distributing and licensing such anonymous, aggregate research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. By submitting any such Content to EVERSAFE, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, EVERSAFE and its Service Providers may use the Content for the purposes set forth in this Agreement. As between EVERSAFE and any of its Service Providers, EVERSAFE owns your confidential account information;

(vii) you authorize EVERSAFE and its Service Providers to access third party sites designated by you, on your behalf, as the case may be, to retrieve information requested by you, and to register for accounts requested by you.  For all such purposes, you hereby grant EVERSAFE and its Service Providers a limited power of attorney, and you hereby appoint EVERSAFE and its Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority todo and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.  YOU ACKNOWLEDGE AND AGREE THAT WHEN EVERSAFE AND/OR ANY OF ITS SERVICE PROVIDERS ACCESSES AND/OR RETRIEVES INFORMATION FROM THIRD PARTY SITES, EVERSAFE AND SUCH SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that EVERSAFE’s Service Providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.  You understand and agree that the Service is not endorsed or sponsored by any third-party account providers accessible through the Service; and

(viii) you may not access or use the Service for any purpose other than for which we make the Service available.  The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by EVERSAFE. As a User of the Service, you agree not to: 
·        Systematically copy, retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from EVERSAFE.
·        Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
·        Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
·        Use any information obtained from the Service in an effort to harass, abuse, or harm another person.
·        Make improper use of our support services or submit false reports of abuse or misconduct.
·        Use the Service in a manner inconsistent with any applicable laws or regulations. Engage in any unauthorized framing of or linking to the Website or the Service
·        Upload or transmit(or attempt to upload or to transmit)viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
·        Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any content.
·        Attempt to impersonate another user or person or use the username of another user.
·        Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
·        Copy or adapt EVERSAFE's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
·        Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
·        Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or use or launch any unauthorized script or other software.
·        Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
·        Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise without the express consent of EVERSAFE.

You agree that EVERSAFE may, in its sole discretion and without notice or liability to any User of the Service or Member, immediately terminate access to a Website and/or Service for cause, including, but not limited to: (i) any violation of the law or breach of the terms and conditions of this Agreement by any User of the Service; (ii) misrepresentations by any User of the Service during Enrollment, Registration, or otherwise; (iii) if EVERSAFE has reasonable grounds to believe that any information provided by a User of the Service is untrue, inaccurate or not current; (iv) the actions, omission, representations or misrepresentations of any User of the Service which may result in EVERSAFE being found in breach of any agreement with its Service Providers; or (v) any other occurrence that results in the termination of a Website or the discontinuance of the Service.

You understand and agree that perfect security does not exist anywhere, and you will take steps to always protect your personal information in a reasonable way. Accordingly, you will not recklessly disclose or publish your Social Security Number or any other personal information to those who would reasonably be expected to improperly use or disclose said personal information, such as, by way of example, in response to "phishing "scams, unsolicited emails, or pop-up messages seeking disclosure of personal information. You also agree that you will, upon request from EVERSAFE, immediately remove from your computer or other device used to access the Service any malicious or "peer-to-peer" software identified by EVERSAFE.

‍6. Collection and Use of Personal Information; Privacy Policies. By agreeing to the terms and conditions of this Agreement, you acknowledge receipt of the EVERSAFE Privacy Policy, which you may review at any time on the Website and which is incorporated herein by this reference.

‍WE USE VARIOUSSERVICE PROVIDERS IN CONNECTION WITH THE SERVICE AS NECESSARY TO, AMONG OTHERTHINGS, GATHER INFORMATION WITH RESPECT TO THE MEMBER AND/OR OTHER USERS OF THESERVICE. AS A USER OF THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT ANY SUCHINFORMATION GATHERED BY ONE OF OUR SERVICE PROVIDERS WILL BE TREATED INACCORDANCE WITH THE PRIVACY POLICY OF SUCH SERVICE PROVIDER, INCLUDING, WITHOUTLIMITATION AND AS APPLICABLE, THE FOLLOWING:   STRIPE PRIVACY POLICY AND GOOGLEPRIVACY POLICY.

‍As needed to provide the Service, EVERSAFE is hereby authorized and instructed to obtain, electronically scan, review, and/or otherwise use in accordance with the terms and conditions of this Agreement, the Member's:

•         Any other information about Member that EVERSAFE obtains from any User of the Service or from another source that may be necessary to provide the Service.

You understand that EVERSAFE may, from time to time, request additional authorizations, instructions or consents from you to provide the Service or enhancements to the Service.

7. Third Party Sites and Resources. EVERSAFE may link the Website to other Website, or use information obtained through other Website and/or resources in the provision of the Service, including other information provided by or through certain Service Providers. Because EVERSAFE has no control over such Website and resources, you acknowledge and agree that EVERSAFE is not responsible for the availability of such external Website or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, terms of service, privacy policies or other materials on or available from such sites or resources.

In connection with your use of the Service and as part of the functionality of the Service, you may have access to certain online services or information that may be made available by the Member's provider(s) ("Provider Services"), including online payment processors, electronic mail(“emails”), and other information or data available from such provider(s). As part of the Service, you may be allowed to access Provider Services (if and to the extent provided by the Member's provider(s)) to schedule the Service to access the Member's account(s),otherwise aggregate information from such services with the Member's provider(s), and download emails into the Service. You acknowledge and agree that EVERSAFE has no control over the provision of Provider Services or provision of access to the Provider Services by the Member's provider(s), does not guarantee that you will be able to use the Service with the Provider Services, and will have no liability whatsoever for any actions or inactions on the part of the provider(s) resulting in your inability to use the Service to access the Member's accounts, obtain data, download transactions, or otherwise use or access the Provider Services.

You acknowledge that in accessing certain data and information through the Service, the email address, password(s), security question(s) and answer(s),  and any other security or access information, and the actual emails in the Member's account(s) with such provider(s) (collectively, "Email Provider Data"),may be collected and stored in connection with the Service. You authorize EVERSAFE and its Service Providers, in conjunction with the provision, operation and hosting of the Service, to use certain Email Provider Data to (i) collect the Member's Provider Account emails, (ii) access the providers' websites using the Member's Email Provider Data, (iii) update and maintain your account information, (iv)address errors or service interruptions, (v) enhance the type of data and services EVERSAFE and its Service Providers can provide in the future, and (vi) take such other actions as are reasonably necessary to perform the actions described in (i) through (v) above. You hereby represent that you are, or have sufficient authority to act for and on behalf of, the legal owner of the Email Provider Data and that you have the authority to appoint, and hereby expressly do appoint, EVERSAFE and its Service Providers as your or such owner's agent with limited power of attorney to access and retrieve the Email Provider Data. You further acknowledge that EVERSAFE does not review any Email Provider Data unless you forward an email to EVERSAFE for review, and you agree that EVERSAFE is not responsible for its completeness or accuracy. You are solely responsible for any charges associated with your provider(s).  

You acknowledge and agree that: (i) some providers may not allow the Service to access the Provider Services, and (ii) providers may make changes to their website or application programming interface (API), with or without notice to EVERSAFE, which may prevent or delay aggregation of information from such providers,

YOU FURTHER ACKNOWLEDGE AND AGREE THAT EVERSAFE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TOBE CAUSED BY OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITE, API, OR RESOURCE.

8. Disclaimer of Warranties; Release. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERSAFE AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF COMPLETENESS, CORRECTNESS, CURRENTNESS, COMPREHENSIVENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGALITY, TITLE OR NONINFRINGEMENT.

THE INFORMATION CONTAINED ON THE WEBSITE OR IN ANY OTHER MATERIALS YOU MAY RECEIVE FROM EVERSAFE DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EVERSAFE AND ITS SERVICE PROVIDERS MAKE NO WARRANTY OR GUARANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERSAFE OR ANY OF ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU HEREBY RELEASE EVERSAFE AND EACH OF ITS SERVICE PROVIDERS, AND EACH OF THEIR PARENT, SISTER AND AFFILIATED COMPANIES, AND ALL OF THEIR OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY LIABILITY FOR ANY NEGLIGENCE IN CONNECTION WITH THE SERVICE, OR ANY INFORMATION PREPARED AND/OR DELIVERED IN CONNECTION THEREWITH, AND FROM ANY LOSS, EXPENSE OR INJURY THAT YOU OR ANYONE ELSE MAY SUFFER RESULTING DIRECTLY OR INDIRECTLY FROM THE SERVICE OR ANY SUCH INFORMATION.

9. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT NEITHER EVERSAFE, ITS SERVICE PROVIDERS, NOR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF EVERSAFE, ITS SERVICE PROVIDERS AND/OR ANY OF THEIR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (III) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY SERVICE PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE AND ANY SERVICES PROVIDED BY EVERSAFE OR BY EVERSAFE'S SERVICE PROVIDERS.

SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE OR ANY PROVISION OF THE MINIMUM END USER TERMS, LIABILITY IS IMPOSED UPON EVERSAFE, ITS SERVICE PROVIDERS, AND/OR ANY OF THEIR AFFILIATES, YOU AGREE THAT THE TOTAL LIABILITY TO YOU, OR TO ANYONE CLAIMING THROUGH YOU OR ON YOUR BEHALF, FOR ANY AND ALL DAMAGES, LOSSES OR INJURIES RESULTING FROM (I) THROUGH (VII) ABOVE, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EVERSAFE DURING THE SIX (6) MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE FIRST EVENT GIVING RISE TO ANY SUCH LIABILITY.

NEITHER EVERSAFE NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY HARM RESULTING FROM ANY FAILURE OR DELAY OF PERFORMANCE, WHETHER FORESEEN OR UNFORESEEN, IF SUCH FAILURE ARISES OUT OF CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, GOVERNMENTAL EMERGENCY ORDERS, JUDICIAL OR GOVERNMENTAL ACTION, EMERGENCY REGULATIONS, SABOTAGE, RIOTS, VANDALISM, LABOR STRIKES OR DISPUTES, ACTS OF GOD (E.G. FIRE, FLOOD, INCLEMENT WEATHER, EPIDEMIC OR EARTHQUAKE), WAR OR ACT OF TERRORISM, ELECTRICAL FAILURE, MECHANICAL FAILURE, MAJOR COMPUTER HARDWARE OR SOFTWARE FAILURES, EQUIPMENT DELIVERY DELAYS, OR ACTS OF THIRD PARTIES.

10. Indemnification. You agree to indemnify and hold EVERSAFE, its Service Providers, and/or any of their affiliates, harmless from and against any and all claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) against, or incurred by, EVERSAFE, its Service Providers, and/or any of their affiliates, to the extent such claims, liability, damages, expenses and/or costs result directly or indirectly from: (i) your use of the Service, (ii) your violation of the terms of this Agreement, (iii) your infringement, or infringement by any user of your account, of any intellectual property or other right of anyone, (iv) your making any unauthorized representation or warranty to EVERSAFE, or (v) any misuse of or improper access to the Service by you or any user of your account.

11. Service, Website and Agreement Changes, Updates and Modifications.
EVERSAFE may, in its discretion, modify or discontinue the Service, or any portion thereof, at any time. EVERSAFE shall have the right, in its sole discretion and with reasonable notice, to establish or change limits concerning use of the Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Service, if any, at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. EVERSAFE reserves the right to make any such changes effective immediately to maintain the security of the system or to comply with any laws or regulations. In the event of a modification or discontinuance to the Service, in whole or in part, you may reject changes by discontinuing use of the Service to which such changes relate; or you may cancel the Service, in which case any unused portion of any pre-paid service fees shall be refunded on a pro-rata basis. Your continued use of the Service will constitute your acceptance of and agreement with any changes or modifications. Maintenance upon the Service may be performed from time to time resulting in interrupted service, delays or errors in the Service. Attempts to provide prior notice of scheduled maintenance will be made, but EVERSAFE cannot guarantee that such notice will be provided. You agree that EVERSAFE will not be liable to you, or to anyone claiming through you or on your behalf, for any modification or discontinuance of the Service or any portion of the Service.

In addition, EVERSAFE reserves the right to update and/or amend this Agreement from time to time.

The current version of this Agreement shall be available on the Website and you shall be deemed to have reviewed and agreed to same upon your accessing and/or using the Website and/or Service.

12. Binding Arbitration. PLEASE READ THIS CAREFULLY. IT AFFECTSYOUR RIGHTS.

                                                                                                     SUMMARY

MOST CONCERNS REGARDING THE SERVICE CAN BE RESOLVED BY CONTACTING EVERSAFE THROUGH THE "CONTACT US" LINK ON THE WEBSITE. IF THE CONCERN CANNOT BE RESOLVED, YOU AND EVERSAFE EACH AGREE TO RESOLVE ANY AND ALL DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.

ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IN ARBITRATION, BOTH YOU AND EVERSAFE WILL BE ENTITLED TO RECOVER ATTORNEYS' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS IN COURT.

                                                                                           Arbitration Agreement

12.1. EVERSAFE and you agree to arbitrate all disputes and claims between us, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. It includes, but is not limited to, claims: (i) arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; or (ii) arising before this or any prior Agreement between us (including, but not limited to, claims relating to the advertising or other marketing of the Service).

For purposes of this arbitration provision, references to "EVERSAFE", "you", "us" and "we" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns. Notwithstanding the foregoing, you or we may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and EVERSAFE each waive the right to a trial by jury or to participate in a class action. You and we agree that this Agreement evidences a transaction in interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.

12.2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to EVERSAFE should be addressed and/or otherwise sent to EVERSAFE as directed through the "Contact Us" link on the Website ("Notice Address"). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from EVERSAFE ("Demand"). If EVERSAFE and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or EVERSAFE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by EVERSAFE or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or EVERSAFE is entitled. You may obtain more information about arbitration from www.adr.org.

12.3. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.

12.4. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. The arbitrator shall be bound by the terms of this Agreement. Arbitration hearings will take place in Montgomery County, Maryland. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

12.5. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.

12.6. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

12.7. YOU AND EVERSAFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EVERSAFE agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this Section 12.7 is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

12.8. Notwithstanding any provision in this Agreement to the contrary, we agree that if EVERSAFE makes any change to this arbitration provision (other than a change to the Notice Address) at any time, you may reject any such change and require EVERSAFE to adhere to the language in this provision if a dispute between us arises regarding the Service.

13. Trademarks and Copyrights. You acknowledge and agree that EVERSAFE’s name, the EVERSAFE logo, the EVERSAFE CATCH name, page headers and other terms, phrases, graphics, logos, and icons appearing on the Website or in connection with the Service are common law or registered trademarks, service marks, and/or trade dress of EVERSAFE (collectively "Marks"). You agree you will not use any such content or Marks for any purpose without the appropriate prior written authorization. EVERSAFE Marks may not be used in connection with any product or service that is not EVERSAFE's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits EVERSAFE. All other trademarks, product names, or logos not owned by EVERSAFE that appear on the Website are the property of their respective owners.

All content included on the Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of EVERSAFE or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of EVERSAFE or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without EVERSAFE’S prior written consent.

14. Electronic Agreement and Signature. You intend and agree that your electronic signature during the Enrollment and/or Registration process is intended by you to constitute your legally binding signature to the fullest extent permitted by applicable law. You further agree to receive all communications, notices and other information from EVERSAFE electronically. If you do not agree to receive the notices and disclosures electronically, EVERSAFE cannot provide the Service to you.

15. Export Restrictions. You acknowledge that the Service and any software underlying such Service are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Service, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.

16. Entire Agreement. This Agreement, the Website Terms of Use, Privacy Policy, and other policies EVERSAFE may post on the Website constitute the entire Agreement between EVERSAFE and you in connection with your use of the Website and the Service. This Agreement is effective until the Service is terminated. In the event of termination, the intellectual property, warranty disclaimers, limitation of liability provisions and arbitration provision set forth in this Agreement will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained on the Website or otherwise, this Agreement will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the other provisions of this Agreement.

17. Assignment. You may not assign your rights and obligations under this Agreement without EVERSAFE’s prior written consent. We may assign our rights and obligations under this Agreement without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.

18. Governing Law. Except for the arbitration provision contained here, which is governed by and subject to interpretation under the Federal Arbitration Act, this Agreement and your access to the Website and use of the Service are governed by Maryland law without regard to its conflict of law provisions. EVERSAFE controls the Website from its offices within the United States of America and the Website are intended for use only in the United States of America. EVERSAFE does not represent that the materials on the Website are appropriate or made available for use outside of the United States of America.