Your download, installation, and use of the IVduty Application (the “IVduty Application” or the “Application”) and/or and the IVduty website at https://www.ivduty.com (the “Website”) is subject to and expressly conditioned on the terms set forth below, which may be amended or modified from time to time by IVduty, Inc. (“IVduty”) in its sole discretion. Any such amendments or modifications shall become effective and legally binding upon you upon the posting of the same by IVduty. If you do not agree with all of the terms of this agreement, you are not permitted to download the IVduty Application or use it or the Website in any manner. Please check this page regularly for updates.
The term "IVduty Application" includes the software, any updates or modifications to the IVduty Application, online and/or electronic documentation, associated media, printed materials, computer code, and other associated materials and components provided by IVduty in its sole discretion. You are solely responsible for any and all telecommunications or other connectivity charges incurred through your use of the IVduty Application and the Website.
Authorized User means a person or user account that is licensed to use the Product, regardless of whether that person is an employee, contractor, subcontractor, vendor, partner or customer of the Licensee. This agreement is between you and IVduty, not Apple, Inc. (“Apple”). IVduty is solely responsible for the IVduty Application, the Website, and the content thereof.
Apple and its subsidiaries are third party beneficiaries of this Agreement to the extent it relates to the IVduty Application. As a third party beneficiary, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
Apple is not responsible for the Application, including any maintenance or support.
Apple has absolutely no warranty obligations with respect to the Application.
Apple is not responsible for any third party claims against you relating to the Application, including but not limited to:
Apple bears no responsibility for the investigation, defense, settlement or discharge of any such claims.
Subject to the terms and conditions set forth in this agreement, IVduty grants you a personal, limited, non-transferable, non-exclusive, and revocable license to use the IVduty Application on any mobile or similar device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”). The IVduty Application is made available only for use by an Authorized User. Authorized User means a person or user account that is licensed to use the Product, regardless of whether that person is an employee, contractor, subcontractor, vendor, partner or customer of the Licensee. This license does not allow you to distribute or make the IVduty Application available over a network or otherwise in a manner it could be used by multiple devices at the same time. You may not copy, disassemble, decompile, attempt to derive the source code of, modify, reverse engineer, or create derivative works of the IVduty Application, including any updates, or any part thereof.
Except as expressly mandated by law, you may not, without our prior written permission: (i) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Website or Application; or (ii) engage in systematic retrieval of data or other content from the Website or Application.
Except where otherwise indicated all title, ownership rights, and intellectual property rights in and to the Website and the IVduty Application are owned by IVduty and/or its licensors. The Website and the IVduty Application must not be used in any manner or for any purpose that is either unlawful or unauthorized by IVduty.
The IVduty logo and other IVduty trademarks and service marks are owned by IVduty and/or its affiliates or licensors and are protected by international copyright and trademark laws. Except as provided herein, you shall not use any portion of the Website or the IVduty Application, or any other intellectual property of IVduty, on any other application or Web site, in the source code of any other application or Web site, or in any other printed or electronic materials without the express written consent of IVduty.
The license granted herein does not grant or confer any ownership right or title to the IVduty Application. All rights not expressly granted under this agreement are reserved by IVduty.
IVduty may collect and use information from the Website and the Application in order to better understand the Website and Application usage, improve the user experience, and facilitate the provision of updates, support, and other services to you. The following anonymous information is transmitted back to IVduty for the uses described above:
Some portions of the Website and Application are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Website is prohibited. You agree that you will notify IVduty immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if IVduty believes that any unauthorized access may occur or has occurred, IVduty may terminate such access without prior notice to you. You also agree that IVduty is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
For further details about how IVduty handles your information, please view the privacy policy at https://www.ivduty.com/privacy.
The Website and the IVduty Application may contain links to or enable access to IVduty’s and third party services and web sites (collectively and individually, "Services"). Your use of Services may require Internet access and that you accept additional terms of service. In order to use certain features of the Website and the IVduty Application, you may be required to have a registered account with IVduty.
Certain Services may display, include or make available content, data, information, application, or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge that IVduty is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. IVduty does not warrant or endorse and does not assume and will not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Location data, if provided by any Services, is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Location data may not be accurate. Neither IVduty, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services.
You agree that any Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that IVduty is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod touch are not available in all languages or in all countries. IVduty makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. IVduty, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will IVduty be liable for the removal of or disabling of access to any such Services. IVduty may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
To the extent a software application provided to you by IVduty is found to be defective or fails to perform as designed and intended within 90 days of installation by you, IVduty will replace or repair said copy of the application, provided that the software has not been damaged or altered by the user, or improperly installed. This limited warranty shall be void if IVduty is not notified within 10 days of the discovery of the alleged defect. The repair or replacement shall be carried out at IVduty’s expense. Your agreement to be bound by the terms and conditions of this license and the accompanying Terms of Use includes your recognition and understanding that the limited warranty described in the previous paragraph represents the entire warranty provided by IVduty. This means that IVduty shall not be liable in contract, in tort (including negligence), or otherwise for damage or loss of other property, loss of profits or revenue, loss of data, loss of use of property or equipment, personal injury claims, or for any special, indirect, incidental, or consequential damages whatsoever.
In no event shall IVduty’s total liability to you for all damages exceed the cost of replacement or repair of the application.
Further, it is understood by the licensee that IVduty shall be under no obligation to repair or replace the allegedly defective product(s) unless the licensee or its representative provides complete details in writing within 10 days of discovery of each alleged defect and adequate time is allowed for repair or replacement.
User acknowledges and agrees that IVduty may in its sole discretion from time to time make additions to, deletions from, modifications to, or change the nature of the Data. THE API AND THE DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IVduty AND ITS LICENSORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API AND THE DATA, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT. FURTHER, IVduty DISCLAIMS ANY WARRANTY THAT USERS OF THE API OR THE DATA WILL BE UNINTERRUPTED OR ERROR FREE.
You agree to indemnify, defend, and hold harmless IVduty, its affiliates, officers, directors, employees, agents and contractors harmless from all damages, losses, and expenses (including attorneys’ fees and costs) arising directly or indirectly from your acts or omissions in using the IVduty Application pursuant to the terms and conditions set forth in this agreement.
This agreement and your use of the IVduty Application are governed in all respects by the laws of the State of California, without giving effect to any principles of conflicts of laws that would result in the application of the laws of another jurisdiction. Any dispute concerning the IVduty Application or this agreement shall be subject to the exclusive venue of a court of competent jurisdiction in Los Angeles County, California.
In the event that a court of competent jurisdiction holds any provision of this agreement to be invalid or unenforceable, then such provision shall be severable from and shall not affect the validity or enforceability of the remaining provisions.
The terms of this agreement are effective until terminated by you or IVduty. You may terminate this agreement without notice to IVduty by discontinuing all use of the IVduty Application from your mobile device and destroying the materials you have obtained therefrom or in connection therewith, including all related documentation and copies. IVduty may terminate this agreement and/or the IVduty Application, or any part thereof, at any time without notice, including and without limiting the foregoing, if IVduty determines or believes, in its sole judgment, that you have breached any term or condition of this agreement. Upon termination, you shall cease all use of the IVduty Application, and destroy all copies, full or partial, of the IVduty Application. .
This agreement states the entire agreement with regard to the items discussed above.
Effective Date: July 10, 2017 © 2017–2021 IVduty, Inc. All rights reserved.