- The Service. The LotSpot App allows Users to receive informational content pushed to the User’s mobile device via the LotSpot solution which is an integrated hardware and software solution what enables companies and other entities (“Clients”) subscribing for the LotSpot Solutoin to upload content about such Client’s products and services (“Product Content”), to the web-based software platform, and connect that content to a beacon (proximity devices that use GPS and Bluetooth technology) (“Beacons”) (the “LotSpot Solution”). When Users who have downloaded the LotSpot App are in the proximity of a Beacon, the LotSpot solution will activate to push the Product Content to Users’ mobile devices. Users can then view the Product Content and interact with the Product Content by making notes and taking or uploading photos associated with the Beacon location information through the LotSpot App (the “Service”).
- When you are logged into the App, you can access your profile to set preferences regarding the type of Beacon information you would like to receive through the App settings. For instance, if you are buying a home and have set your preferences to like parks and schools, if a realtor has placed Beacons in a home you will receive information regarding parks and schools in addition to information about the home. Depending on the types of Clients subscribing for the LotSpot Solution you can also indicate the type of industries or Clients you wish to receive information from, for example, realtors, restaurants or other retail or consumer based industries.
- Device Permissions. To use the Service, you must have Bluetooth enabled and allow the LotSpot App to access your location services on your personal mobile device. To use the photo functionality of the LotSpot App, you must allow the LotSpot App to access your photos and camera on your personal mobile device.
- Push Data. By creating an account, you agree that LotSpot may push you information from Beacons to your mobile device when you are logged into your account. Your mobile network’s data rates and fees may apply if you access or use the Services from your personal mobile device see Equipment below for more information.
- Interacting with the Beacons. When you are logged into the App and are in the proximity of a Beacon, you can add a comment regarding the information pushed form the beacon. If you have granted us permission to access your camera and you photos, you can take or attach a picture to a Beacon. You can later access these comments from your profile. If you have logged on to the App using your social media account, you can share Product Content on your social media account, provided the social media site allows sharing. We will share certain information about your use of the Service with those Clients who have purchased a Premium subscription for the LotSpot Solution. For greater certainty, We will only share anonymized aggregate information with such Clients, and we will only share information specifically related to Your interactions with such Client’s specific Product Content and Beacons. We will not sure information with one Client about your interaction with another Client’s Product Content or Beacons. By downloading the App and registering for an accout, you hereby consent to LotSpot sharing such information with those Clients who have purchased a Premium subscription for the LotSpot Solution.
- Content. All information, data, text, photographs, graphics, video, or other materials, privately transmitted to the LotSpot App by Users (“User Content”), is the sole responsibility of such Users. This means that the user, and not LotSpot, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. All Client Product Content, including all information, data, text, photographs, graphics, video or other materials pushed Users’ personal mobile devices via the LotSpot App is provided by the Client, not LotSpot, and LotSpot is not responsible or liable in any way for any of the Product Content provided via the LotSpot App. LotSpot does not control or actively monitor User Content or Push Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will LotSpot be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
In using the LotSpot App and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the App or that of any users or viewers of the App or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the App or impersonate another person or organization;
- interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the LotSpot App;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the LotSpot App, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
- register for the Service on behalf of a group or corporate entity.
9. License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content . LotSpot will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
10. End User License. Except for User Content and Product Content, the LotSpot App and the information and materials that it contains, are the property of LotSpot and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, LotSpot grants you a non-transferable, non-exclusive, license to download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”). The LotSpot App is licensed to you and not sold. Nothing in the Terms gives you a right to use the LotSpot names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the App. Any future release, update, or other addition to functionality of the LotSpot App shall be subject to the terms of these Terms.
- Feedback. If You provide LotSpot with any suggestions, comments or other feedback relating to any aspect of the LotSpot App and/or Service (“Feedback“), LotSpot may use such Feedback in any other LotSpot products or services (collectively, “LotSpot Offerings“). Accordingly, You agree that: (a) LotSpot is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to LotSpot, (c) LotSpot (including all of its successors and assigns and any successors and assigns of any of the LotSpot Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any LotSpot Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from LotSpot or any of the other users of the App in respect of the Feedback.
- Advertising. You acknowledge and agree that the App may contain advertisements and product information from third parties, including Product Content provided by Clients. If You elect to have any business dealings with any Client or any other third party whose products or services may be advertised on the App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that LotSpot shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
- Equipment. You shall be responsible for obtaining access to the App and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the App. It is your responsibility to ascertain whether any information or materials downloaded from the App are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Links & Third-Party Websites. This App (including Product Content) may contain links to other websites that are not owned or controlled by LotSpot. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by LotSpot of that third party, third party product or service. LotSpot is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the App of a link to any other website(s) does not imply that LotSpot endorses or accepts any responsibility for the content or use of such websites, and You hereby release LotSpot from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE SERVICE, LOTSPOT APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” LOTSPOT SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. LOTSPOT DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE APP, INCLUDING CLIENT PRODUCT CONTENT, OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE APP, AND LOTSPOT SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. LOTSPOT WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL LOTSPOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE LOTSPOT APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE LOTSPOT APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE APP OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE APP. THESE LIMITATIONS SHALL APPLY EVEN IF LOTSPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOTSPOT’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability & Updates. LotSpot may alter, suspend, or discontinue this App at any time and for any reason or no reason, without notice. The Service and/or LotSpot App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. LotSpot may periodically add or update the information and materials on this App without notice.
- Security. Information sent or received over the Internet is generally unsecure and LotSpot cannot and does not make any representation or warranty concerning security of any communication to or from the App or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. LotSpot will not be liable for any loss or damage arising from your failure to comply with these requirements.
Effective Date: November 9, 2019