Terms of Service

Please read the following Terms of Use (the “Terms”) carefully before using any mobile applications or websites of Contech RF Devices, LLC (“Company”, “our”, or “we”) and its affiliates, including, but not limited to, the website at www.cellfdefenseapp.com, as well as any communications features, applications, online features, services and/or programs offered by Company (collectively, the “Web Properties”).

By accessing or using the Web Properties, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Properties.

You should review these Terms regularly as they may change at any time in the sole discretion of Company. As used in these Terms, “Content” refers to any data, comments, suggestions, feedback, information, text, software, sounds, photographs, audio, audiovisual, video, documents, images, logos, artwork, graphics, designs, messages, and other materials of any nature.

1. CONVENIENCE AND INFORMATION ONLY. The Web Properties are currently provided to you without charge as a convenience and for your information only. By merely providing access to the Web Properties, Company does not represent or warrant that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) Company has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Properties is or will be accurate or complete.

2. USE OF SITE AND CONTENT. Users of the Web Properties may view, copy or print pages from the Web Properties solely for their own personal purposes. Users may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Properties without the express, prior, written consent of Company, nor may users, reverse engineer, modify, or create derivative works from any content or software from the Web Properties without our prior express written permission. At any time, Company may, without further notice, make changes to the Web Properties, to these Terms and/or to the services available through the Web Properties. We will make an effort to update this page with any changes to these Terms and/or to the services described in these Terms.

3. MEDICAL DISCLAIMER. The Web Properties are designed for informational purposes only and should not be used in any other manner. Information obtained through the Web Properties is not intended to substitute for informed medical advice. This information should not be used to diagnose or treat a health problem or disease without consulting with a qualified health care provider. A consultation with a qualified health care professional is the proper method to address any health or medical concerns. Advances in technology or medicine may cause information contained on the Web Properties to become outdated, invalid or subject to debate. Accuracy is not guaranteed. Company assumes no responsibility for how information presented on the Web Properties is used by any user or the public. You expressly acknowledge and agree that Company is not responsible for the results of your decisions resulting from the use of the Web Properties, including, but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing treatment for a medical condition, nor is the Company responsible for any medical condition you may develop, including, but not limited to cancer.

4. GEOLOCATION. While using certain features of the Web Properties, we may now or in the future choose to track the physical location of your mobile device or web browser to send you information that is relevant to you. For example, we need that information to identify which cell phone tower your phone is communicating with and to tell you how to orient your phone properly. WiFi and IP addresses received from your browser or device, as well as data from the built-in compass, may be used to determine your approximate location and orientation. You will always have control over whether to transmit your physical location, and you can prevent such disclosure by disabling Bluetooth and WiFi, declining the request to share your location, or adjusting your privacy settings in your mobile device operating system (as applicable). However, if you choose to take any of these steps, certain features of the Web Properties may not function properly, or at all.

5. NO WARRANTIES; DISCLAIMER OF LIABILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES AND ALL CONTENT IS PROVIDED “AS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, ANY CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE WEB PROPERTIES OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

6. LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB PROPERTIES, ANY CONTENT AND/OR ANY PRODUCTS OR SERVICES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF (OR INABILITY TO USE) THE WEB PROPERTIES, ANY CONTENT AND/OR ANY PRODUCTS OR SERVICES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE WEB PROPERTIES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN THOSE STATES AND JURISDICTIONS, COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

7. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Company and its directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys' fees) assessed or incurred by Company, directly or indirectly, with respect to or arising out of: (a) your failure to comply with these Terms; (b) your breach of your obligations under these Terms; and/or (c) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties.

8. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Company's Privacy Policy PRIVACY POLICY. Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information. If we learn that a user under the age of thirteen (13) is publicly posting or sharing personally identifiable information on or through the Web Properties, then we will use commercially reasonable efforts to block that user from using the Web Properties.

9. ELECTRONIC COMMUNICATIONS. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt-out procedures. We will communicate with you by email or by posting notices on the Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

10. THIRD PARTY CONTENT. Links to other websites maintained by third parties may be provided on the Web Properties by Company or its users, or Company or its users may provide third party content on the Web Properties by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. We do not endorse the contents of any other websites. You should refer to the separate terms of use, privacy policies, and other rules posted on other websites before you use them. THE CONTENT ON ANY LINKED WEBSITES IS NOT UNDER COMPANY'S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED ON A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED ON THE WEB PROPERTIES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

11. PATENTS, COPYRIGHT AND TRADEMARKS. Company is the copyright owner or authorized licensee of all text and all graphics that Company posts on or in the Web Properties. The trademarks, service marks and logos used and displayed in the Web Properties are Company's, or its subsidiaries' or affiliates', registered and unregistered trademarks. All trademarks and service marks of Company, or its subsidiaries or affiliates, that may be referred to in the Web Properties are the property of Company, or one of its subsidiaries or affiliates. Other parties' trademarks and service marks that may be referred to in the Web Properties are the property of their respective owners. The Web Properties and the technology that they use may also be covered by one or more issued patents. Nothing in the Web Properties should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company's, or its subsidiaries' or affiliates', patents, trademarks, service marks or copyrights without Company's prior written permission. Company aggressively enforces its intellectual property rights. Neither the name of Company, its subsidiaries or affiliates, nor any of Company's other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Properties or otherwise, without Company's prior written permission.

12. DEVICE SPECIFIC TERMS.

(a) iOS – Apple. These Terms are an agreement between you and Company, and not with Apple. Apple is not responsible for Company's mobile app (the "Mobile App") or its content. Company grants you the right to use the Mobile App only on an iOS product that you own or control and as permitted by the App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim. Apple is not responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. All rights in and to the App Store trademarks are owned by Apple and its licensors.

If the Mobile App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple, as a third party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

(b) Android – Google. These Terms are an agreement between you and Company, and not with Google. Google is not responsible for the Mobile App or its content. Company grants you the right to use the Mobile App only on an Android product that you own or control and as permitted by the Google Play Terms of Service. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App. Google is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim. Google is not responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. All rights in and to the Google Play trademarks are owned by Google and its licensors.

If the Mobile App fails to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price, if applicable, for the Mobile App to you. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Mobile App. Google and Google's subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Google, as a third party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

13. SUBMISSIONS. While we appreciate your interest in Company and the service that we provide, we do not want and cannot accept any ideas or information that you consider to be confidential or proprietary, including, but not limited to, product or advertising ideas, designs, product technology and other suggestions that you may have developed. Accordingly, this means that any ideas, information, materials, suggestions, ideas, graphics, concepts, know-how, techniques or other information that you submit to us through the Web Properties or otherwise (each, a "Submission") will forever be the property of Company. Company will have exclusive ownership of all present and future existing rights to all Submissions of every kind and nature everywhere, and will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person. If any court should determine that we do not have exclusive ownership of any such Submission (or portion thereof), then you will be deemed to have granted to Company a royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and contribute these materials throughout the world in any medium and through any methods of distribution, transmission and display, whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called "moral rights" have been waived. This paragraph is not intended to apply to any personal information about you, the use of which will be governed by our Privacy Policy PRIVACY POLICY.

14. AVAILABILITY. Information that Company publishes in the Web Properties may contain references or cross-references to products, programs or services of Company, its partners, subsidiaries or affiliates, that are not necessarily announced or available in your area. Such references do not mean that Company, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Company for information regarding the products, programs and services that may be available to you, if any.

15. TERMINATION OF SERVICE. We may terminate your ability to use or access secured portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to Company, to its partners, to Company's service provider, or to other information providers.

16. GOVERNING LAW; VENUE. These Terms will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws. By using or accessing the Web Properties, you agree that any action at law or in equity arising out of or relating to your use of the Web Properties or these Terms will be filed only in the state or federal courts sitting in the Eastern District of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

17. LOCAL LAWS. Company makes no representation that content or materials on the Web Properties are appropriate or available for use in jurisdictions outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Company is not responsible for any violation of law. You may not use or export the Content or materials in the Web Properties in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

18. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Web Properties. By submitting information through Web Properties, you agree that the information submitted will be subject to Company's PRIVACY POLICY.

Your Consent To These Terms of Use By accessing and using the Web Properties, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this page so that you will always be able to understand the terms and conditions that apply to your use of the Web Properties.

If you have additional questions or comments of any kind, or if you see anything in the Web Properties that you think is inappropriate, please let us know by email at info@cellfdefenseapp.com or by sending your comments to:

Contech RF Devices

30 Jericho Executive Plaza #200e,

Jericho, NY 11753

Attn: Legal Department

EFFECTIVE AS OF: January 31, 2022

LAST UPDATED: January 31, 2022