eHawk Inc. Mobile Application Terms and Conditions ("Terms")
1. INTRODUCTION: Welcome to the eHawk mobile reporting application RePath (the "App"). This App is published by or on behalf of eHawk, Incorporated ("eHawk" or "We" or "Us") a company incorporated under the laws of the State of Delaware, with a principal address of 4041 NE Lakewood Way, Suite 280, Lee’s Summit, MO 64064.
By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions ("Terms"). If you have any questions about the App or these Terms, you can contact Us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.
2. GENERAL RULES RELATING TO CONDUCT: The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable US laws and with any applicable international laws, including the local laws in your state of residence (together referred to as "Applicable Laws").
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify eHawk in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms and Applicable Laws.
3. CONTENT: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material ("Material") is owned by or licensed to eHawk. All rights are reserved. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without eHawk’s express permission.
The trademarks, service marks, and logos ("Trade Marks") contained on or in the App are owned by eHawk or third party partners of eHawk. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of eHawk or the relevant third party partner of eHawk.
4. LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties ("Third Party Websites"). eHawk may monetize some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, eHawk does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
The application requires permissions for several functions on your device including location services, physical activity recognition, file storage and internet both when the app is "in use" (in the foreground) and when the app is not specifically "in use" (background mode). The application also requires other permissions for the functions when your device is in the explicit use (e.g. controlled by the user via a visible app screen): camera access (for tacking pictures), record video/audio (during audio/video call). These permissions and the accompanying use are required by and guided by the terms of your supervision.
6. DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) eHAWK DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN eHAWK AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
eHawk will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss; or (iv) any damage sustained by you through legal proceedings arising out of or in any way related to your use of the App.
IF eHAWK IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY DOLLARS ($50.00); OR (B) THE SUMS PAID BY YOU UPON ENROLLING IN THE APP, OR MONTHLY SUBSCRIPTIONS, WHICHEVER IS GREATER.
Nothing in these Terms shall be construed as excluding or limiting the liability of eHawk for death or personal injury caused by its intentional acts or for any other liability, which cannot be excluded by US law.
7. SERVICE SUSPENSION: eHawk reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
8. ADVERTISERS IN THE APP: We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not eHawk, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you agree that your only recourse is against the advertiser.
9. COMPETITIONS: If you take part in any competition which is run in or through the App ("Competition"), you agree to be bound by the rules of that competition and any other rules specified by eHawk from time to time ("Competition Rules") and by the decisions of eHawk, which are final in all matters relating to the Competition. eHawk reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
10. IN-APP VOUCHER CODES: Any in-app voucher codes issued by eHawk may only be used in accordance with our Terms and Conditions for In-app Voucher Codes.
11. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and eHawk concerning your use of the App. eHawk reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of eHawk.
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, and you agree to submit to the exclusive jurisdiction of Jackson County, Missouri.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
eHawk’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eHawk in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits in favor of any person other than you and eHawk.
12. USE OF APPLICATION: By using this application, you agree: 1) to comply with the terms and conditions of your supervision; 2) that you will not attempt to provide any false information to the App; and 3) that you will not attempt to circumvent the intended use and functionality of the App (this includes, without limitation, keeping your smartphone powered on, charged, in working condition, with “always on” location services enabled and all notifications from the App enabled).
13. SERVICE OF INFORMATION/DOCUMENTS: By using this application, you agree that any data, notifications, or documentation provided to you through the application comprises proper legal service of such information unless otherwise prohibited by law.
14. SERVICE OF PROCESS/WARRANTS: By using this application, you agree that location services may be utilized for the purpose of service of legal process or warrants even if your supervision does not utilize location services.