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Experience the freedom to live life your way.
We're With You.
Feeling unsettled? In an unsafe area? Simply launch the MyForce application and we're with you.
We pinpoint your location.
In emergenices, we act. When an alert is sent, our 24/7 safety agents act instantly, pinpointing your exact location and tracking your whereabouts. There's no need to tell us where you are or what's happening, as we listen in and assess the details.
We Monitor The Nation 24-7.
Our trained security agents are available 24/7, all year round. You're afforded constant security. And continual peace of mind.
Safety and peace of mind are this simple:
Jogging in the park, walking alone at night—or any other times you or your family feels unsafe—a simple touch of a button arms MyForce.
Send an alert
A simple touch of a button sends an alert and a live MyForce security agent is immediately informed of your situation.
Live agents instantly start listening, recording and tracking
A live MyForce agent notifies the appropriate authorities in your area to get you the help you need—when and where you need it.
This service is currently only available in the U.S.
MyForce in action. Watch it now!
Find out how you'll never walk alone.
See What Others are Saying About MyForce.
MYFORCE TERMS OF PAYMENT
Welcome to MyForce! EMC Security looks forward to having you as a client and providing the MyForce Service to enhance your safety or the safety of a loved one.
- Eligibility. To purchase a MyForce membership, you must be: (a) a resident of the United States, (b) legally capable of entering into a binding contract, and (c) at least 18 years of age. If you meet those requirements, you may also purchase a MyForce membership for any other person who is a resident of the United States and at least 13 years of age (“Gift Membership”).
- Billing Account. You will need to establish and maintain an account with valid credit card information for Visa, MasterCard or Discover to satisfy charges related to the MyForce membership(s) created under your account (“Billing Account”). By establishing a Billing Account, you hereby acknowledge and agree that: (a) you are a legal owner of the credit card to be charged upon payment, and you have full authority to authorize payments related to the MyForce Service; (b) EMC Security may automatically charge the Billing Account for fees and charges that arise in connection with the MyForce Service in accordance with the terms set forth in the End User Agreement and those provided herein; (c) you will ensure that the credit card and other information that is requested as part of your Billing Account is current and accurate while the Billing Account remains active; (d) EMC Security is not liable for any penalties, overdrafts, over-the-limit or other charges resulting from your failure to maintain sufficient funds or credit to satisfy fees and other charges associated with the MyForce Service; and (e) EMC Security is authorized to maintain account information concerning your Billing Account and update your credit card information from applicable services provided by the Payment Card Industry (e.g., VISA’s Account Updater or MasterCard’s Automatic Billing updater programs) in order to keep that payment information current.
4. Declined Credit Card Payments. If the credit card associated with your Billing Account is declined for any reason, EMC Security will provide you notice via email notification to the email address you have established within your Billing Account. You will have ten (10) days from the date of notification to provide a valid and acceptable form of payment to avoid cancellation of the MyForce Service. During that period, EMC Security may attempt to charge the Billing Account to collect payment for past due fees and charges. If payment is not received with ten (10) days from the email notification, the past- due membership will be indefinitely suspended and the MyForce Service will no longer work.
- 5. Membership Fees. The MyForce Service Membership Fee has a term of one month and will renew every month thereafter unless cancelled as described herein. Once you have purchased one or more Myforce memberships, you will be able to log into your Account Summary through the MyForce website to view information on each membership associated with your account.
Any fees you pay for a MyForce membership are exclusive of any federal, state, municipal or other local taxes, as well as any other fees and service charges that could be imposed by a third-party entity (“Applicable Taxes”). To the extent that any Applicable Taxes apply to your purchase, you agree to pay the Applicable Taxes directly to the governmental or other agency imposing such charge.
- 6. Gift Memberships. You may purchase a Gift Membership to allow someone else to use the MyForce Service by assigning the membership to a recipient (“Recipient”), provided that the Recipient is at least 13 years of age and a resident of the United States. Once the Recipient activates the MyForce Service, the membership cannot be transferred to another person. You will be financially responsible for all aspects of the Gift membership and your Billing Account will be automatically charged all applicable membership fees and other charges as such become due until you cancel the membership. As the account holder, only you will be able to cancel the Recipient’s membership for future renewal periods. Except to the extent required by law or as provided in Section 7, you will not be entitled to a refund or credit for any reason once you have purchased the Gift Membership, including but not limited to those situations where the Recipient does not have a compatible mobile phone or fails to activate the MyForce Service. In such situations, you may transfer the Gift Membership to another Recipient. A Recipient may redeem their Gift Memberships at any time; however, the subscription period begins on the Activation Date, which is the date that you purchase the membership.
You will need to provide the Recipient’s first and last name, email address, and mobile phone number. It is your responsibility to ensure that the Recipient’s information is accurate and he/she has a compatible smartphone (see the MyForce website or contact the MyForce customer service department for a current list of compatible smartphones). A welcome email will be sent to the email address you provide for the Recipient with instructions on how to activate the MyForce Service. To use the MyForce Service, the Recipient must: (a) have a compatible smartphone, (b) provide all required profile information requested during registration (including, but not limited to contact information, physical description, date of birth, and at least one emergency contact), (c) agree to the End User Agreement, and (d) download the MyForce app to activate the MyForce Service.
You will only be able to view summary information concerning the Gift Membership through your Account Summary page, including the basic information you provided on the account (Recipient’s name, email and mobile phone number), the status of the account (active or inactive), and Renewal Date. PRIVACY NOTICE: You will not be able to view the profile information of the Recipient, and the Recipient will not be able to view your Billing Account information.
7. Refund Policy. Unless otherwise required by applicable law, the following terms shall govern any refund to which you may be entitled.
Direct Billing Accounts. If you have established a Billing Account on the MyForce System, you have the right to rescind these Payment Terms and receive a full refund of your payment for the current subscription period if you contact EMC Security customer support at (770) 963-0305 within seven (7) days of your payment. Payments for previous subscription periods are not refundable. Your refund will be credited to the Billing Account established by you within ten (10) business days from your notice of cancellation. If you cancel within the seven-day period, your access to the subscription will be terminated immediately. If you provide notice of the cancellation more than seven (7) days after your payment, you will not be eligible for a refund (in whole or in part) and your membership shall continue through the paid-for period. EMC Security does not provide prorated refunds.
8. Cancellation. You may cancel any or all of your MyForce membership associated with your Billing Account at any time by contacting our customer service department at (770) 963-0305. Once a membership is cancelled, MyForce will continue to provide the MyForce Service through the end of the paid-for subscription period.
Enhancing your personal safety is the keystone of our commitment to you—that commitment extends to the
protection of the personal information entrusted to our care. It is important to us that you understand the extent
of the information we collect about you and how it is used. We want you to know that we limit the collection and
disclosure of information only to that which we believe is necessary to provide the products and services promised
which is information that identifies you along with any other personal information that is combined with it.
- We will never sell personal information about you to anyone for their independent marketing purposes without your consent.
- We will limit the collection and use of information about you to the minimum required to administer our business and provide superior products and services.
- We will maintain physical, electronic and procedural safeguards to keep your personal information private and secure.
- We will limit the disclosure of your personal information to only the personnel necessary to provide the services promised to you.
disseminate your personal information to appropriate third parties that are able to facilitate and/or provide
emergency response to your MyForce alert, as well as conduct follow up investigations to any incident.
register for the MyForce Service for the purpose of providing emergency responders information that might be
helpful in responding to an alert initiated by you. This information may include your photo, contact information
(name, address, mobile number, and email address), physical description, date of birth, automobile information,
driver’s license number, emergency contact information, known health and safety information. Not all information
is required to use the MyForce Service; however, certain information is required so that we can provide adequate
service to you.
If you have purchased the MyForce Service for yourself or someone else, we may collect information about your
credit card account to initiate payments related to the MyForce Service. We may obtain additional information
about your credit card account from service providers in the Payment Card Industry to update your credit card
information (e.g., expiration date, etc.). The MyForce Terms of Payment sets forth additional terms and conditions
that govern all aspects of your billing account and payment for the MyForce Service.
As a user, you will be required to establish certain credentials to ensure proper use of the MyForce Service,
including the following: 1) login information (user name and password) to access the MyForce site, 2) a Personal
Identification Number (PIN) to access information on the MyForce App and cancel MyForce alerts, and 3) a Safe
Word to verify your identity and safety during a MyForce alert. You are responsible for: (i) maintaining the
confidentiality of your credentials, and (ii) all activities conducted with the use of your credentials. You must inform
us immediately of any unauthorized use of your credentials.
Information Collected During MyForce Usage. The MyForce System records your general usage of the MyForce
Service. You authorize MyForce to record, collect, and retain the information described below in accordance with
MyForce will not track or obtain information concerning your location or record audio or video from your
smartphone unless you initiate an alert using the MyForce App. Once you initiate an alert, the MyForce System
uploads from your smartphone location information, audio recordings, and possibly video (depending on the
capabilities of the phone and the version of the MyForce App) while the alert is active. The MyForce App may
terminate some or all of these recordings during an alert in an effort to preserve the battery life of your
smartphone. We may determine your location using various means, including Global Position Systems, cellular
triangulation, Wi%u2010Fi triangulation, or other location based services. Information concerning your location, along
with audio and/or video recordings are stored on the MyForce System and associated with your account.
Additionally, MyForce may record and maintain communications between you and the monitoring operators or
emergency response personnel responding to your alert. These files are considered part of your personal
information unless it is used in a manner that does not identify you individually.
When you access our website or your MyForce account, we may place small data files called "cookies" on your
and advertising, 2) measure effectiveness promotional activities, 3) better understand your use of our website and
the MyForce Service, 4) ensure your access to each page without re%u2010entering your password, 5) remember your
user name each time you access the site, and 6) mitigate risk and prevent fraud. You are free to decline our
cookies, but doing so may interfere with your use of our website and the MyForce Service. Finally, you may
encounter cookies from third parties on websites that we do not control, but may be required for the use of the
Surveys and Contests. We may occasionally request information from you in connection with surveys, contests,
sweepstakes or refer%u2010a%u2010friend campaigns. Your participation in these activities is completely voluntary. The
information that we request typically includes your contact details. If you choose to participate, the information
that you provide may be shared with the contest/survey sponsors to notify winners, award prizes, or compensate
you for referrals. Survey information may also be used to monitor and improve the content and performance of
the MyForce Service. Please note that general information provided in response to a survey will be excluded from
the privacy protections provided to personal information. If you win a contest or sweepstake, you will have to
provide additional personal information (e.g., social security number) to claim your prize.
Use of Personal Information
The Company will take commercially reasonable actions to ensure that any non%u2010public personal information
collected from you or processed on your behalf will remain secure and used only in a manner consistent with the
marketing purposes without your prior consent, but we do use third party software and services to assist us with
providing the MyForce Service and collecting and analyzing information regarding its use. We will comply with
applicable laws concerning your privacy, including those that may restrict the types of information we may disclose
about you or require us to provide you with additional notices.
Use of Information During an Alert. You should be aware if a MyForce alert is initiated from your smartphone that
your personal information will be disseminated to and viewable by third parties who may assist in the resolution of
the crisis or follow up investigations. The MyForce System compiles incident information during an alert that is
viewable through the MyForce response monitoring interface, which includes your profile information, location
information, audio and video (if available) recordings of the incident, notes entered by responders, and possibly
communications between you and MyForce monitoring operators or the MyForce System. In order to facilitate or
provide emergency response to a MyForce alert triggered by you, we may disseminate all or some of your personal
information or provide access to the MyForce monitoring interface to third parties, which may include national or
local authorities (e.g., FBI, police, fire, ambulance, or other emergency response personnel), security personnel
(campus or corporate), monitoring operators, and emergency contacts that you establish in your user profile. By
using the MyForce Service you authorize MyForce to access, use and disseminate your personal information as it
deems appropriate to effectively manage and respond to an alert initiated through the MyForce App.
Use of Information After an Alert. Additionally, we may share your personal information with certain third parties
after the alert has been cancelled in an effort to reconstruct the incident, identify individuals involved in the
incident, and prosecute perpetrators of any crime allegedly committed during the incident. Your personal
information and any information recorded during an incident may become part of an ongoing investigation and
official case file, which may or may not be held in confidence. MyForce has no control over and is not responsible
for the use of your personal information once it is disclosed to such third parties.
The Company may be required to comply with demands for information as required by state and federal law.
Examples of these demands include subpoenas, warrants, and civil or criminal discovery demands. The Company
may disclose your personal information following such a request if we determine, in our sole discretion, that such
a disclosure is appropriate, necessary or required. You hereby authorize MyForce to access, use and disseminate
Managing Your Account. We may use your personal information to the extent necessary to effectively manage
your account, which may include sharing certain personal information with third parties that provide services for
customer service, alert monitoring, billing, collections, or other account management services. We may use the
information to contact you via mail, email, text message, or phone to inform you of: 1) upgrades to the MyForce
Service, 2) usage and safety tips, 3) the availability of other MyForce features or offerings, 4) updates to the End
with your account, or 6) other information related to your account. As it relates to the administration of your
account, MyForce will ensure that each provider is required to maintain the confidentiality of such personal
information and has access to only such personal information as is necessary to provide the contracted services.
nonpublic personal information. We may separate certain information or data from other information that
specifically identifies information about you so that it is not personally identifiable. Additionally, we may aggregate
statistical or other data from the information provided through the MyForce System or the MyForce websites,
without identifying you as its source. We may use all such information without restriction. The purpose for using
the information may include working with partners to improve safety conditions in certain locations, providing
better products and services to you, and generally managing our business.
Do not send us any proprietary information. Any feedback, data, answers, questions, comments, suggestions, ideas
or the like, which you send to us will not be treated as confidential or proprietary to you. We assume no obligation
to protect such information from disclosure and will be free to reproduce, use, distribute to others, or
commercially exploit the information without restriction. We will also be free to use any ideas, concepts, knowhow
or techniques contained in information that you send us for any purpose whatsoever including but not limited
to developing, manufacturing and marketing products and services incorporating such information.
Retention of Personal Information
Personal information that is collected by the MyForce System will be retained in a secure manner by MyForce
while your account remains active and after you cancel your MyForce membership for a period of time to comply
with industry and audit requirements. Such information may not be readily accessible once archived off the
MyForce System. The Company will employ commercially reasonable administrative, procedural, physical and
technical safeguards to protect personal information retained in its care.
Consent and Revocation
You may revoke your consent to collect, use and disseminate your personal information at any time by contacting
MyForce customer service department; however, in the event of such revocation you agree to immediately cease
using the MyForce Service and to cooperate with MyForce to deactivate your account. Merely cancelling the
MyForce Service will not serve as a revocation of your consent since the MyForce Service will continue to be
provided through the end of the paid%u2010for period. Your revocation of consent will not apply to incidents or
investigations that are underway or occurred previously at the time of revocation.
No means of transmitting or storing information is totally secure. While the Company will employ commercially
reasonable efforts to protect your personal information, it cannot and does not guarantee that the use of the
MyForce App, the MyForce System or the MyForce website is completely secure. As such, we are not responsible
for loss, corruption or unauthorized access, acquisition or use of personal information, or for any resulting
damages. You hereby agree to assume any and all risk associated with the unauthorized access to your personal
information during its transmission.
Interaction with Third Parties
Authorized Dealers. If you subscribe to the MyForce Service through an Authorized Dealer, that Authorized Dealer
may have access to certain information (e.g., your name, email, and phone number) for the administration of your
account. The Authorized Dealer may also use that information to communicate with you, as well as market,
advertise or solicit products and/or services other than MyForce. You acknowledge and agree to the assumption of
risks set forth below as it relates to your interaction with an Authorized Dealer.
Third Party Products and Services. Through your use of the MyForce Service or the MyForce website you may be
presented advertisements or other information related to the websites, products or services of third parties.
Additionally, the MyForce Service and MyForce websites may contain links to or leverage functionality of other
websites that are owned and operated by third parties. The Company does not endorse, audit, or attest to the
accuracy or suitability of the information, products, or services offered by such third parties. You acknowledge and
agree to the assumption of risks set forth below as it relates to your interaction with such third parties.
Assumption of Risks. You understand and agree that the use of any information (personal or otherwise) you
provide to an Authorized Dealer or any third party shall not be governed by or subject to the protections afforded
collection and use of your personal information may apply and such policies may be less protective than those
information to them. If you visit third party sites, such sites may place their own cookies on your computer and
collect data related to you. Based on your interaction with such third parties, they may communicate with you,
including marketing, advertising, or soliciting their products and/or services. We cannot control these activities.
You should contact these entities directly if you have any questions about their use of information related to you
or if you would like to opt%u2010out of future communications from such third parties. The Company hereby disclaims
any responsibility or liability arising from or relating to your interactions with such third parties or your reliance on
or use of such information, websites, products, or services. Your use of such information, websites, products, or
interaction between you and such party shall be at your own risk.
Notice to Canadian Residents
Please be aware that personal information collected, used and disclosed through the MyForce Service may be
stored in the United States. Any questions regarding the Company’s information handling practices may be
directed to the MyForce Privacy Officer at [email protected]
Notices and Contact Information
For any notices that are required or permitted under the End User Agreement or if you have any legal questions
the subject line or via mail at MyForce, Inc., Attn: Legal Department, P.O. Box 100352, Denver, Colorado 80250%u2010
0352. For other inquiries, you may contact the MyForce customer service department at (866) 377%u20103677.
User Agreement”). You must agree to the End User Agreement prior to using the MyForce Service. By using the
you and the Company shall be governed by the terms and conditions of the End User Agreement. The End User
MyForce, in its sole discretion, reserves the right to change, update or revise any of the governing agreements in
accordance with the terms of the End User Agreement.
Copyright © 2010%u20102013 MyForce, Inc. All rights reserved.
Contact: [email protected]
Effective September 1, 2013
END USER SERVICE AND LICENSE AGREEMENT VERSION 2013.2
IMPORTANT — READ CAREFULLY THIS IS A BINDING LEGAL DOCUMENTTHIS END USER SERVICE AND LICENSE AGREEMENT (“END USER AGREEMENT”) CONVEYS,
AMONG OTHER THINGS, YOUR AUTHORIZATION TO (UNDER CERTAIN CIRCUMSTANCES) USE
AND DISSEMINATE YOUR PERSONAL INFORMATION AND OBTAIN INFORMATION ABOUT
YOUR LOCATION. THIS END USER AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE
AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS CONCERNING THE RESOLUTION OF
ANY DISPUTE WITH MYFORCE, INC. AND ITS SERVICE PROVIDERS.
TO AGREE TO THIS END USER AGREEMENT, YOU MUST ACKNOWLEDGE AND ELECTRONICALLY
SIGN THE END USER AGREEMENT BY TYPING YOUR NAME IN THE SPACE PROVIDED AND
INDICATING YOUR ASSENT AS PROMPTED IN AN ELECTRONIC VERSION PRESENTED BY THE
MYFORCE SYSTEM. BY AGREEING, YOU CONSENT TO ENTERING INTO A BINDING AGREEMENT
THROUGH THIS ELECTRONIC FORMAT AND THAT YOU WILL BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH HEREIN WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS.
IF YOU DO NOT AGREE IN COMPLIANCE WITH THE FOREGOING, YOU ARE NOT AND WILL NOT
BE AUTHORIZED TO USE THE MYFORCE SERVICE. YOUR USE OF THE MYFORCE SERVICE, EVEN
IF UNAUTHORIZED, SHALL BE CONSTRUED AS YOUR CONSENT TO BE BOUND BY THE TERMS
OF THIS END USER AGREEMENT.
MINOR ADVISORY. IF YOU ARE AN END USER UNDER THE AGE OF 18, PLEASE REVIEW THIS END USER AGREEMENT
WITH YOUR PARENT(S) OR LEGAL GUARDIAN. TO USE THE MYFORCE SERVICE, YOUR PARENT OR LEGAL GUARDIAN
MUST AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN AND CONSENT TO YOU ENTERING INTO THIS
LEGALLY BINDING END USER AGREEMENT. YOU ALSO WILL BE REQUIRED TO AGREE TO THIS END USER
PARENTAL ADVISORY. IF YOU ARE A PARENT OR GUARDIAN OF AN END USER WHO IS A MINOR, BY ENTERING
INTO THIS END USER AGREEMENT, YOU: (1) CONSENT TO YOUR CHILD’S ACCEPTANCE OF THE TERMS AND
CONDITIONS CONTAINED IN THIS END USER AGREEMENT, (2) CONSENT TO YOUR CHILD'S REGISTRATION FOR AND
USE OF THE MYFORCE SERVICE, (3) AGREE ON BEHALF OF YOURSELF AND YOUR CHILD TO BE BOUND BY THIS END
USER AGREEMENT, AND (4) AGREE TO ENSURE YOUR CHILD COMPLIES WITH THE TERMS OF THIS END USER
set forth below:
“Authorized App Store” shall mean an application store authorized by the Company to make the MyForce App
available for distribution via download to a Mobile Device, including the iTunes App StoreSM, Google Play™, and
BlackBerry App World™.
“Authorized Dealer” shall mean any entity authorized by the Company to offer and sell the MyForce Service.
“Billing Account” shall mean any financial account established by you or a third party to satisfy membership fees
and other charges that are in any way related to your use of the MyForce Service.
“Carrier” shall mean a Service Provider that provides services for your Mobile Device, including: (i) cellular or
wireless communication services for either voice or data, and (ii) location based services using the Global
Positioning System (“GPS”) satellite network, Assisted GPS (“AGPS”), cell tower or Wi%u2010Fi triangulation, or other
“Company” shall mean the provider of the MyForce Service, namely MyForce, Inc. and its officers, directors,
employees, agents, owners, and affiliated companies (including its parent company, subsidiaries, successors, and
assigns, as may be applicable).
“Domain Names” shall mean any and all domain names and subdomain names that are owned and registered by
“End User” shall mean you, individually, as the person entering into this End User Agreement. Any references in
this End User Agreement to “you” or “your” shall mean the End User.
“End User Agreement” shall mean this End User Service and License Agreement, the current version of which is
accessible at www.myforce.com/legal.pdf.
“Force Majeure” shall mean any causes beyond a Service Provider’s reasonable control including, without
limitation, floods, fires, tornadoes, hurricanes, lightning, earthquakes, epidemics, storms and other acts of god,
labor shortages, strikes, walkouts, slowdowns or lockouts, electrical and other utilities outages or shortages, acts
of a public enemy, civil commotions, acts of terrorism, acts of the government in either its sovereign or contractual
capacity, governmental or other restrictions of any authority and the like.
“Governing Agreements” shall mean those agreements between you and the Company that collectively govern
your purchase and use of the MyForce Service, along with the privacy and use of your Personal Information,
“Intellectual Property” shall mean, to the extent that any of the following are recognized anywhere in the world,
the underlying asset giving rise to actual or potential intellectual property and/or proprietary rights, whether
registered or unregistered, including without limitation copyrights, patent rights (including without limitation
applications for patent protection), publicity rights, trade secret rights, and Trademarks (including applications for
trademark registrations) rights in any way related to the MyForce Service.
“Mobile Device” shall mean any technology device that is owned and provided by you, which must be free of any
unauthorized tampering, as may be approved by the Company as a device compatible with the MyForce App. The
functionality available through the MyForce App may vary and is dependent on the capabilities of your Mobile
Device. To determine the exact functionality available for your Mobile Device you should check the information
available on the Company’s website or contact the Company’s customer service department.
“MyForce Account” shall mean any information provided by you or relating to your use of the MyForce Service
that is compiled and maintained on the MyForce System (which may or may not be accessible to you) and includes
one or more of the following: Billing Account, Personal Information, MyForce alert and incident information
(including audio and/or video of incidents, as may be available), information related to any MyForce membership
purchased for yourself and/or another person, your use of the Company’s website, and other related activities.
“MyForce App” shall mean the MyForce software application that is downloaded to a Mobile Device from an
Authorized App Store and allows an End User to, at a minimum, initiate an alert from the Mobile Device to the
MyForce System. The functionality of the MyForce App is dependent on the capabilities of your Mobile Device,
services provided by your Carrier, and the version of the MyForce App. This definition of MyForce App shall be
interpreted to include all future enhancements, updates, upgrades, modifications, or revisions to the MyForce App
made by the Company from time to time at its sole discretion and offered either to the public generally or as may
be customized for and/or offered to specific users, clients, or channel partners.
“MyForce Service” shall mean, individually and collectively, the offering, provision and maintenance of products
and services provided to you as the End User under the terms of this End User Agreement, including the MyForce
System, MyForce App, MyForce Account, MyForce websites, Domain Names, Supporting Services, and any other
system, process, technology, product, or service necessary for their provision and/or operation. This definition of
the MyForce Service shall be interpreted to include all future enhancements, updates, upgrades, modifications, or
revisions to the underlying or related technologies.
“MyForce System” shall mean (individually and collectively) the technologies, computer software programs
(including any applications that are hosted or downloaded and installed on computers or any mobile devices),
computer hardware and hosting environments that are necessary for the proper operation and support of the
MyForce Service, including, without limitation, technologies used to: (i) receive alerts from the MyForce App, (ii)
electronically notify monitoring operators responsible for managing specific incidents; (iii) identify (and
electronically notify, if available) emergency response dispatch or personnel closest to the location of the alert; (iv)
compile, manipulate, display and manage data or other information about alerts initiated under your MyForce
Account (including available audio and video recordings, location information, notes entered by monitoring
personnel, and data generated by the system itself); (v) establish and maintain your MyForce Account, Billing
Account, and Personal Information, and (vi) the Company’s websites. This definition of MyForce System shall be
interpreted to include any technologies leveraged by or integrated into the MyForce System, as well as all future
enhancements, updates, upgrades, modifications, or revisions to the MyForce System made by the Company from
time to time at its sole discretion and offered to the public generally or as may be customized for and/or offered to
specific users, clients, service providers, or channel partners.
“Personal Information” shall mean any data, information, message, audio or video recording, communication,
statement, or report that is specifically related to your identity, stored in or recorded by the MyForce System, and
not otherwise publically available, including without limiting the foregoing: (i) the information in the Billing
Account, (ii) profile information provided by you during registration, such as physical description, address, email
address, telephone and mobile numbers, known security risks, medical information, emergency contact
information, automobile information, driver license number, User Codes, and any other information requested
during registration that specifically relates to your identity; and (iii) information compiled by the MyForce System
relating to a MyForce alert triggered from your Mobile Device, including audio and video recordings and location
information, as well as incident notes entered by monitoring operators or other personnel responding to an alert.
Notwithstanding the foregoing, the definition of Personal Information does not include any information that is not
personally identifiable or confidential in nature (such as general information concerning your usage of the MyForce
System as may be aggregated with other data from other users of the MyForce System).
www.myforce.com/privacy.pdf and is incorporated herein by this reference.
“Service Area” shall mean only the continental United States, Alaska, and Hawaii, and all provinces of Canada
except for Quebec, Yukon, Northwest Territories and Nunavut, as further limited to only those areas that have
cellular coverage for your Mobile Device.
“Service Provider” shall mean, individually and collectively, the Company and any individual or entity that provides
any aspect of the MyForce Service (as well as each of their respective officers, directors, employees, agents,
owners, successors, assigns and heirs), including without limitation any provider of Supporting Services and any
licensor or provider of technologies or products integrated with the MyForce Service.
entity or individual that relates to the operation, support or promotion of any aspect of the MyForce Service,
including without limitation: (i) emergency response services (including those provided by individuals, public
authorities or private entities) in response to an alert initiated from the MyForce App, including but not limited to
alert monitoring and management services, notifications of any nature to emergency dispatch or emergency
response personnel, and provision and/or dissemination of Personal Information to assist during or after the
resolution of a crisis situation, (ii) technical or customer support services, (iii) services that in any way relate to
sales, promotion or distribution of the MyForce Service, (iv) any services provided in the creation, production,
publication or dissemination of any MyForce advertising or marketing, (v) public relations services, (vi) payment
processing, (vii) services provided by Carriers, (viii) location based services, and (ix) technology services, including
data center and/or hosting services, routine data or file processing, and storage of archived information.
on the MyForce System and any payments required or made that relate to the MyForce Service. The Terms of
Payment is incorporated herein by this reference if you establish a Billing Account. The current version of the
Terms of Payment can be found at www.myforce.com/payment.pdf.
“Third Party Advertiser” shall mean any third party that either: (i) advertises the MyForce Service in any manner
and through any medium; or (ii) has their products or services featured by the Company, including advertisements
on the MyForce website, MyForce App or MyForce System.
“Trademark” shall mean any registered or otherwise protected trademarks, trade names, service marks, service
names, logos and any protections from trademark dilution owned by the Company. MyForce® is a registered
trademark of MyForce, Inc. NEVER WALK ALONE™ is a trademark pending registration that is owned by MyForce,
Inc. Other trademarks may be used by the Company pursuant to licensing arrangements with various third parties.
“User Codes” shall mean your username, password, Personal Identification Number (“PIN”), and Safe Word, as
such terms are further defined in Section 5.3 herein.
SECTION 2 SCOPE AND TERM OF AGREEMENT
2.1 Governing Agreements. This End User Agreement is a legal agreement between you as the End User and
use, dissemination, and retention of any non%u2010public, Personal Information collected or compiled by the MyForce
System or provided by you as part of your MyForce Account. If the Billing Account is established and maintained
directly with the Company on the MyForce System, the Terms of Payment shall govern all aspects of the Billing
Account, any payments required or made that relate to the MyForce Service, changes to membership fees or other
charges, and the Company’s policy concerning refunds. Other terms and conditions may apply if the Billing Account
is established and maintained through a commercial account, the iTunes App Store or an Authorized Dealer. This
End User Agreement shall control with respect to: (i) any conflicting term set forth in any other agreement related
to the MyForce Service, and (ii) any dispute between you and the Company or any other Service Provider.
2.2 End User Requirements. As an End User of the MyForce Service, you must be a resident within the Service
Area and at least 13 years of age. If you are under the age of 18, you and your parent or legal guardian must agree
to this End User Agreement. If you do not meet the definition of an End User, do not accept this End User
Agreement or use the MyForce Service.
2.3 Third Party Beneficiaries. This End User Agreement is solely for your benefit as the End User and does not
create any enforceable rights by anyone other than you. Service Providers are intended beneficiaries of this End
User Agreement; and therefore, such parties are entitled to enforce this End User Agreement.
2.4 Term. This End User Agreement shall commence upon you accepting the terms when this End User
Agreement is presented during the registration process and continue in full force and effect until the end of the
paid%u2010for subscription period (including any renewals thereof), unless terminated earlier or superseded by a new
version of this End User Agreement that is published by the Company, as provided herein.
2.5 Termination, Cancellation and Revocation. This End User Agreement will automatically terminate at the
end of your paid%u2010for subscription period if: (i) your MyForce membership is cancelled at any time prior to your
renewal date, (ii) payment for renewal membership fees are not processed within fifteen (15) days after your
renewal date, or (iii) you do not agree to a revised version of the Governing Agreements that are required by the
Company for continued use of the MyForce Service. If your MyForce membership is cancelled, the MyForce Service
will continue without interruption through the last day of the paid%u2010for subscription period, which shall be the
effective date of the termination. Additionally, the Company reserves the right to immediately revoke any license
granted hereunder and terminate this End User Agreement if you attempt to use any aspect of the MyForce
Service in an unauthorized manner, in a manner that is not intended by the Company, or in contravention of End
User’s obligations set forth herein. If the Company revokes your access to your MyForce Account and/or the use of
the MyForce Service, this End User Agreement will terminate effective at the time of revocation.
SECTION 3 GRANT & TERMINATION OF LICENSES
In consideration for the performance of all material obligations under this End User Agreement and subject to the
limitation contained herein, the Company hereby grants the End User, and you hereby accept, a nontransferable,
nonexclusive, revocable, limited license to access and use the MyForce Service (including the MyForce App and
your MyForce Account) within the Service Area in accordance with the terms and conditions set forth in this End
User Agreement and in a manner intended for authorized use. This license shall become effective upon accepting
this End User Agreement and remain valid until this End User Agreement is terminated as provided hereunder. The
Company hereby reserves and retains all ownership, proprietary, or other rights not expressly granted hereunder.
There is no monetary charge for the license granted hereunder; however, the MyForce App will not interface with
the MyForce System unless you subscribe to the MyForce Service for which there will be a periodic membership
The license granted herein allows the End User to download the MyForce App from an Authorized App Store to a
single Mobile Device at any given time and to use the MyForce App and access your MyForce Account in
accordance with this End User Agreement. This license is granted only to you as the End User and may not be
shared with or transferred to any third party. This license does not allow you to operate the MyForce App on more
than one Mobile Device at any given time; however, you may transfer this license for use on a different Mobile
Device owned by you after deactivating any previously installed versions of the MyForce App on any other Mobile
Device. You may not transfer, rent, lease, lend, or sublicense your MyForce license to a third party.
SECTION 4 OWNERSHIP OF PROPRIETARY RIGHTS AND USAGE RESTRICTIONS
4.1 Intellectual Property Rights. The following property is owned by and constitutes the Intellectual Property
of the Company or other Service Provider or lawfully used by the Company or Service Provider pursuant to one or
more valid licensing agreements: the MyForce App, the MyForce System, the MyForce websites, Domain Names,
the business processes underlying any aspect of the MyForce Service, any Trademarks used or displayed in
connection with the MyForce Service, along with any goodwill created through the use and/or marketing of the
foregoing. All such Intellectual Property is protected by applicable copyright, patent, trademark or other
intellectual property law. You acknowledge that this End User Agreement does not convey or grant any Intellectual
Property or other proprietary right to you except for the limited licenses set forth in Section 3. You hereby agree to
refrain from doing or causing, directly or indirectly, any act that might impair the owner’s rights, title, or interest in
any of the Intellectual Property.
4.2 Usage Restrictions. EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, YOU MAY NOT COPY, REPRODUCE,
REVERSE ENGINEER, DECOMPILE, TRANSMIT, SELL, DISPLAY, DISTRIBUTE, PUBLISH, BROADCAST, CIRCULATE,
MODIFY, DISSEMINATE, OR COMMERCIALLY EXPLOIT THE COMPANY’S INTELLECTUAL PROPERTY IN ANY MANNER
WITHOUT THE WRITTEN CONSENT OF THE COMPANY OR, IF NOT OWNED BY THE COMPANY, THE WRITTEN
CONSENT OF THE OWNER OF SUCH INTELLECTUAL PROPERTY.
4.3 Information Submitted By You. DO NOT SEND THE COMPANY INFORMATION THAT YOU CONSIDER
PROPRIETARY. Any feedback, data, answers, questions, comments, suggestions, ideas, concepts, know%u2010how, or
similar information that you send to the Company will not be treated as confidential or proprietary. Other than
your Personal Information, the Company assumes no obligation to protect information provided by you from
disclosure and will be free to reproduce, use, disseminate, and commercially exploit the information without
restriction and without any obligation to you.
SECTION 5 END USER OBLIGATIONS
5.1 Acceptable Use Policy. You are solely responsible for any and all acts and omissions that occur under your
account or User Codes, and you agree not to engage in unacceptable use of the MyForce Service, including but not
limited to the following activities: (i) creating a false identity or otherwise attempting to mislead any person as to
your identity or the origin of any communication transmitted through the MyForce System; (ii) intentionally
transmitting a false or unjustified alert through the MyForce App; (iii) disseminating or transmitting any messages
that do not pertain to the intended use of the MyForce Service or that contain anything that is obscene,
defamatory, harassing, offensive, or malicious; (iv) disseminating or transmitting files, graphics, software, or other
material that actually or potentially infringes the Intellectual Property right of any person or entity; (v) exporting,
re%u2010exporting, or otherwise transmitting data, information, or software in violation of any applicable export or
import law, regulation, or restriction; (vi) interfering with, disrupting, or attempting to gain unauthorized access to
information or other accounts hosted on the MyForce System; (vii) attempting to copy, modify, or reverse
engineer the MyForce App, MyForce System or any other aspect of the MyForce Service; (viii) downloading the
MyForce App from an unauthorized site or using the MyForce App without first agreeing to this End User
Agreement as it may be amended from time to time; (ix) using or attempting to use the MyForce App with any
cellular or other network other than a Company%u2010approved Carrier or on a Mobile Device that has been tampered
with in contravention of rules established by a Carrier or manufacturer of the Mobile Device; (x) allowing any other
person to use the Mobile Device in connection with the use of the MyForce App other than on your behalf; (xi)
using the MyForce App in a manner that exploits or violates the personal privacy of another individual; (xii) using
the MyForce App and/or MyForce System outside the Service Area or in any manner that is prohibited by or in
violation of the applicable local laws within the Service Area; and (xiii) engaging in any other activity deemed by
the Company to be in conflict with the spirit or intent of this End User Agreement or the intended use of the
The Company reserves the right to impose financial penalties or usage limits, or terminate your license to use the
MyForce Service for your failure to abide by this Acceptable Use Policy. You agree that you will be responsible for
any charges resulting from your breach of your responsibilities set forth in this Section 5 and that the Company
may use the Billing Account for payment of such charges.
5.2 End User Responsibilities. You hereby agree and understand that it is solely your responsibility to: (i)
create and maintain a complete and accurate profile in your MyForce Account, including a working email account
to receive notices from the Company and the correct mobile phone number associated with the Mobile Device to
facilitate communication with you during an active alert; (ii) properly download and install the MyForce App from
an Authorized App Store; (iii) use a compatible Mobile Device that has an operating system supported by the
MyForce App, is in good working order, and free of any improper tampering; (iv) accept all permissions requested
by the MyForce App upon initial download, including the permission to access and use location information; (v)
properly configure your Mobile Device to work with the MyForce App, including, without limitation, enabling
location services to access all networks (e.g., GPS, cellular, and wireless) to locate your position and ensuring there
is sufficient battery life and file storage capacity necessary for the proper operation of the MyForce App; (vi) obtain
the necessary services for the proper operation of the MyForce App from an approved Carrier; (vii) maintain an
account in good standing with an approved Carrier, including, without limitation, paying for any charges related to
the use of your Mobile Device (including, without limitation, charges related to cellular transmissions, SMS or
other text messaging, and other data transmissions) even if those charges arise as a result of using the MyForce
App; (viii) pay for any charges imposed by a local authority related to emergency response personnel responding
to an alert initiated under your account, regardless of whether that alert was a false alarm or based on a real crisis;
(ix) pay for all charges arising from the use of the MyForce Service; (x) properly download and install any updates
to or new versions of the MyForce App that are applicable to your Mobile Device; and (xi) agree to any other
agreements presented by the MyForce System as may be required by a Service Provider to obtain products or
services necessary for the proper operation of the MyForce Service.
5.3 User Codes. You must establish a PIN to access your profile information or cancel an alert within the
MyForce App. You must establish a username (your registered email address) and password to login and access
your MyForce Account through the MyForce website. You will also be required to establish a Safe Word to ensure
your identity and safety can be confirmed by MyForce monitoring operators. The User Codes are for your personal
use only. You are responsible for maintaining the confidentiality of the User Codes and for establishing sufficient
controls and taking such actions to protect against disclosure of your User Codes. You are responsible for all
statements made, acts or omissions that relate to your MyForce Account or the use of the MyForce App while
access is obtained using your User Codes, regardless of whether you authorize such use. You are responsible for
any damages, losses, costs, or breaches of security incurred or caused by your failure to maintain the
confidentiality of your User Codes or your allowance of the use of the MyForce App or your MyForce Account by
anyone other than yourself. You agree to IMMEDIATELY notify the Company if you become aware or suspect that
your User Codes have been lost, stolen, or compromised in any way, or if you become aware of possible or actual
unauthorized use of any aspect of the MyForce Service.
5.4 Terms of Payment. In order to maintain an active MyForce membership and have use of the MyForce
Service, you are responsible for ensuring that all membership fees and other charges are paid in full. If you
establish a Billing Account on the MyForce System, the Terms of Payment shall be incorporated herein by this
reference and govern: (i) all aspects of establishing and maintaining a Billing Account, (ii) payments for the
MyForce membership fees and other charges related to the MyForce Service, (iii) renewal pricing and any changes
to membership fees; and (iv) any permissible refund of amounts paid by you. If your MyForce membership is paid
for by someone else, the MyForce Terms of Payment shall apply to that third party as it relates to your MyForce
Account; however, you are still responsible for ensuring payment to continue using the MyForce Service. If you
have purchased your MyForce membership through an authorized partner (e.g., iTunes App Store, channel
partner, or authorized dealer), you may be subject to other terms and conditions of payment between you and
such third%u2010party provider. Regardless of the type of account established to pay for the MyForce Service, you
hereby consent to the Company charging the applicable paying account for all membership fees and other charges
related to the MyForce Service that become payable while your membership remains active.
5.5 Refund Policy. If you establish a Billing Account on the MyForce System, your purchase of the MyForce
Service is final and you will not be entitled to a refund except as provided in the Terms of Payment, a particular
MyForce Service offer, or as required by applicable law. If you purchase the MyForce Service from an authorized
partner, that partner’s refund policy will apply to your purchase.
SECTION 6 PRIVACY & CONFIDENTIALITY OF INFORMATION
6.1 General Privacy Guidelines. The Company will abide by applicable laws, rules, and regulations relating to
which sets forth the means by which and types of information the Company collects through the use of the
MyForce App, the MyForce System, and any MyForce website. The Company will take commercially reasonable
actions to ensure that any Personal Information collected from you or processed on your behalf will remain secure
You understand and agree that the use of any information (personal or otherwise) provided to an Authorized
Dealer or a Third Party Advertiser shall not be governed by or subject to the protections afforded under this End
Company, (ii) such parties may market to you and continue to market to you as a result of your interaction, (iii) you
should contact such party directly if you desire to opt out of its marketing campaigns, and (iv) any relationship
between you and such party shall be at your own risk.
6.2 Consent & License to Use Personal Information. You hereby grant to the Company and its Service
Providers a license to collect, store, retain, use, display, and disseminate your Personal Information in accordance
you, fulfill any other obligations under this End User Agreement, comply with legal requirements, prevent fraud or
misuse of the MyForce Service, protect the Company’s rights or property, send you notifications concerning the
MyForce Service (including updates, usage tips, refer%u2010a%u2010friend requests, offers for new or additional products or
services), or as otherwise required hereunder. If a communication is directed to you, it may be initiated by using
your phone number, email address, or home address maintained as part of your MyForce Account. By agreeing to
this End User Agreement, you authorize the Company to use your information for such purposes and you hereby
consent to such communications.
IF AN ALERT IS SENT FROM YOUR MOBILE DEVICE, YOU AUTHORIZE THE COMPANY AND APPROPRIATE SERVICE
PROVIDERS TO DISSEMINATE YOUR PERSONAL INFORMATION TO APPROPRIATE THIRD PARTIES (INCLUDING
PERSONNEL INVOLVED WITH EMERGENCY DISPATCH, LAW ENFORCEMENT, EMERGENCY RESPONSE, AND PRIVATE
SECURITY) WHO MAY FACILITATE OR PROVIDE THE EMERGENCY RESPONSE OR CONDUCT FOLLOW UP
INVESTIGATIONS. IF YOUR PERSONAL INFORMATION IS DISSEMINATED IN ACCORDANCE WITH THE PRIVACY
POLICY AND THIS END USER AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE
LIABLE FOR SUCH DISCLOSURE AND YOU SHALL HOLD HARMLESS THE COMPANY AND ALL SERVICE PROVIDERS
FROM ANY CLAIMS RELATING TO SUCH DISCLOSURE OR USE OF YOUR PERSONAL INFORMATION.
6.3 Use of Other Information. You agree that the Company may collect, aggregate, and/or use without
limitation or restriction other information that does not personally identify you on its own or after it has been
aggregated with other data, including information provided by you or related to your use of the MyForce Service
or the MyForce websites. The Company periodically collects and aggregates such information to evaluate and
facilitate the provision of product updates, customer support and other services related to the MyForce Service
that may be provided by the Company.
SECTION 7 DISCLAIMERS AND LIMITATIONS OF THE MYFORCE SERVICE
7.1 Feature Limitations. Your access to and use of the MyForce App and the features available to you will
depend on the capabilities of your Mobile Device, the services provided by your Carrier, your specific membership
for the MyForce Service, and the version of the MyForce App. Information provided in any advertisement,
marketing material, or the Company’s website may describe features or benefits that are not available to you
because of the above%u2010described limitations or may not be available because they are offered only to a limited
audience or locale. Additionally, the Company may change the features of the MyForce Service at any time without
notice to you. It is your responsibility to determine the features of the MyForce App that are available to you
through your own investigation or contacting the Company’s customer service department.
7.2 Emergency Response Limitations. The MyForce monitoring operators responding to an alert initiated by
you through the MyForce App may, if in their sole discretion it is deemed appropriate under the circumstances,
notify emergency response personnel (e.g., police, fire department, ambulance) to provide you with on%u2010location
assistance. Based on information transmitted through the MyForce System, the monitoring operators will use
commercially reasonable efforts to assess the nature and location of your situation. THE MYFORCE MONITORING
OPERATORS WILL NOT NOTIFY EMERGENCY RESPONSE PERSONNEL UNLESS THEY CAN CONFIRM: (A) YOUR
LOCATION WITHIN REASONABLE ACCURACY, AND (B) THAT AN EMERGENCY ACTUALLY EXISTS. NO SERVICE
PROVIDER GUARANTEES THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR
THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL
MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS, OR POLICIES.
7.3 Availability and Performance Limitations. NO SERVICE PROVIDER MAKES ANY GUARANTEE OF THE
AVAILABILITY OR PERFORMANCE OF THE MYFORCE SERVICE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT
FROM TIME TO TIME THE MYFORCE APP AND/OR MYFORCE SYSTEM MAY BE INACCESSIBLE, INOPERABLE,
EXPERIENCING PERFORMANCE DEGRADATION, OR MAY NOT PERFORM AS DESIRED OR DESIGNED FOR VARIOUS
REASONS, INCLUDING BUT NOT LIMITED TO: (A) THE LACK, DEGRADATION, OR INTERRUPTION OF CONNECTIVITY,
FUNCTIONING OR AVAILABILITY OF VARIOUS TECHNOLOGIES THAT ARE NECESSARY FOR PROPER OPERATIONS OF
THE MYFORCE SERVICE, INCLUDING BUT NOT LIMITED TO THE INTERNET, TELECOMMUNICATIONS, DATA
CONNECTIONS, CELLULAR, WIRELESS OR SATELLITE SERVICES PROVIDED BY YOUR CARRIER TO YOUR MOBILE
DEVICE; (B) PERIODIC MAINTENANCE OR ENHANCEMENTS TO THE MYFORCE APP AND/OR MYFORCE SYSTEM, (C)
OPERATION MALFUNCTION OR FEATURE LIMITATIONS, INCLUDING THE INABILITY TO OBTAIN AUDIO, VIDEO OR
LOCATION INFORMATION DURING AN ALERT; AND (D) YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS SET
FORTH IN SECTION 5 OF THIS END USER AGREEMENT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE
PROVIDERS ARE NOT RESPONSIBLE AND SHALL IN NO WAY BE LIABLE FOR DELAYS OR INTERRUPTIONS IN OR LACK
OF AVAILABILITY OF THE MYFORCE SERVICE OR FAILURE OF THE MYFORCE SERVICE TO PERFORM AS DESIRED. YOU
FURTHER ACKNOWLEDGE AND AGREE THAT THIS MYFORCE SERVICE IS ONLY AVAILABLE IN THE SERVICE AREA AND
ONLY TO THE EXTENT THAT YOUR MOBILE DEVICE IS ABLE TO OBTAIN CELLULAR AND WIRELESS
COMMUNICATIONS WITH THE MYFORCE SERVICE AND TRANSMIT LOCATION INFORMATION WITH REASONABLE
ACCURACY. MYFORCE SERVICES ARE NOT AVAILABLE IN CERTAIN PARTS OF CANADA, NAMELY, THE PROVINCE OF
QUEBEC, THE YUKON, NORTHWEST TERRITORIES OR NUNAVUT. YOU HEREBY FURTHER ACKNOWLEDGE AND
AGREE THAT NOT ALL MYFORCE SERVICES ARE AVAILABLE EVERYWHERE OR ALL OF THE TIME WITHIN THE SERVICE
AREA, PARTICULARLY IN REMOTE OR ENCLOSED AREAS.
7.4 Force Majeure. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL A SERVICE PROVIDER
BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN
EVENT OF FORCE MAJEURE.
7.5 Disclaimer of Warranties. SUBJECT TO APPLICABLE LAW, THE MYFORCE SERVICE IS PROVIDED “AS IS”,
“WITH ALL FAULTS”, “WHERE AVAILABLE” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, CONDITIONS OR
WARRANTIES OF ANY KIND. SUBJECT TO APPLICABLE LAW, EACH SERVICE PROVIDER HEREBY EXPRESSLY
DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF AVAILABILITY, RELIABILITY, USEFULNESS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, AND USAGE OF TRADE. NO SERVICE PROVIDER
WARRANTS THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION OR NOTIFICATIONS
TRANSMITTED THROUGH THE MYFORCE SYSTEM AND EACH SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL
LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH TRANSMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT EACH
SERVICE PROVIDER CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR COMPLETELY
SECURE ACCESS TO THE MYFORCE APP AND/OR MYFORCE SYSTEM, OR THAT LOCAL AUTHORITIES (INCLUDING,
WITHOUT LIMITATION, POLICE, FIRE, AMBULANCE, OR OTHER EMERGENCY RESPONSE PERSONNEL) WILL BE
NOTIFIED OF OR RESPOND TO AN ALERT INITIATED BY YOU THROUGH THE MYFORCE APP.
7.6 Conflicting Law. SOME JURISDICTIONS MAY NOT ALLOW A WAIVER OR LIMITATION ON WARRANTIES OR
GUARANTEES OR THE DURATION THEREOF. IF YOU RESIDE IN SUCH A JURISDICTION, CERTAIN LIMITATIONS,
WAIVERS OR EXCLUSIONS SET FORTH IN THIS SECTION 7 MAY NOT APPLY TO YOU.
SECTION 8 ALLOCATION OF RISK
READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
8.1 Limitation of Liability. SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL A SERVICE PROVIDER BE LIABLE
FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, COST OF PROCURING SUBSTITUTE SERVICES, DAMAGE TO REPUTATION, LOST
PROFITS, LOSSES, OR OTHER EXPENSES) ARISING IN CONNECTION WITH THE PROVISION OR USE OF THE MYFORCE
SERVICE, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON FRAUD, MISREPRESENTATION, CONTRACT,
TORT (WHETHER INTENTIONAL OR BASED ON NEGLIGENCE, GROSS NEGLIGENCE OR RECKLESSNESS), PERSONAL
INJURY, DEATH, INVASION OF PRIVACY, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE, OR WHETHER THE
SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, CLAIMS
RELATED TO: (i) THE UNAVAILABILITY OF THE MYFORCE SYSTEM AND/OR MYFORCE APP, (ii) UNAUTHORIZED
ACCESS TO THE MYFORCE APP, MYFORCE SYSTEM OR YOUR PERSONAL INFORMATION, (iii) ANY ERROR, OMISSION
OR FAILURE OF PERFORMANCE, (iv) ANY SYSTEM FAILURE, INCLUDING THOSE RESULTING IN INTERRUPTION,
DEFECT, OR DELAY IN OPERATION, TRANSMISSION, OR EMERGENCY NOTIFICATION, AND (v) ANY VIRUS AFFECTING
THE MYFORCE SYSTEM, MYFORCE APP, YOUR COMPUTER, OR YOUR MOBILE DEVICE.
IF YOU ARE DISSATISFIED WITH THE MYFORCE SERVICE FOR ANY REASON, YOUR EXCLUSIVE REMEDY SHALL BE TO
CEASE USING THE MYFORCE SERVICE AND CANCEL THE MEMBERSHIP. YOU AGREE THAT THE AGGREGATE AND
COLLECTIVE MAXIMUM LIABILITY OF ALL SERVICE PROVIDERS TO YOU BASED ON ANY LEGAL THEORY SHALL BE
LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF $2,000 USD AND THE CHARGES PAID BY YOU FOR THE
MYFORCE SERVICE THROUGH THE DATE OF THE OCCURRENCE GIVING RISE TO THE CLAIM.
YOU WAIVE ALL RIGHTS OF SUBROGATION OR ANY OTHER RIGHT OF RECOVERY AGAINST THE COMPANY AND ANY
OTHER SERVICE PROVIDER THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM
FOR ANY LOSS OR INJURY TO ANY PERSON. IN ADDITION, YOU AGREE THAT YOU SHALL NOT BRING ANY CLAIM OR
ACTION AGAINST ANY SERVICE PROVIDER ARISING FROM YOUR USE OF THE MYFORCE SERVICE.
8.2 Conflicting Law. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES, INCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION,
CERTAIN LIMITATIONS OR EXCLUSIONS SET FORTH IN SECTION 8.1 MAY NOT APPLY TO YOU.
8.3 Reliance on Limitations. You acknowledge that the Company has set its prices and entered into this End
User Agreement in reliance upon the limitations and disclaimers of liability, damages, and warranties set forth in
this End User Agreement, and that the same form an essential basis of the bargain between the parties. The
parties agree that the limitation and exclusions of liability and disclaimers specified in this End User Agreement will
survive termination and apply even if found to have failed their essential purpose.
8.4 Indemnification. SUBJECT TO APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD
HARMLESS EACH SERVICE PROVIDER FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES (INCLUDING, WITHOUT
LIMITATION, THOSE THAT ARISE FROM PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, INVASION OF PRIVACY
OR ANY SIMILAR TORT), LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS AND ANY
LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED
ACTIONS) INCURRED BY A SERVICE PROVIDER IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATED TO
UNAUTHORIZED OR INAPPROPRIATE USE OF THE MYFORCE APP OR MYFORCE SYSTEM BY YOU OR ANYONE ELSE
WHO USES YOUR MOBILE DEVICE OR USER CODES. IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS
HEREUNDER, YOU AGREE TO USE YOUR BEST EFFORTS TO COOPERATE WITH EACH SERVICE PROVIDER IN THE
DEFENSE OF ANY SUCH CLAIM. EACH SERVICE PROVIDER RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO EMPLOY
SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO
INDEMNIFICATION BY YOU.
SECTION 9 DISPUTE RESOLUTION
READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
AS SET FORTH BELOW, YOU UNDERSTAND AND KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND THE
COMPANY ARE: (1) WAIVING THE RIGHT TO A TRIAL BY JURY, (2) SUBMITTING ANY UNRESOLVED DISPUTE TO
BINDING ARBITRATION, AND (3) WAIVING THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN ANY CLASS
9.1 Dispute Defined. This Section 9 shall apply to any dispute, claim, or controversy between you and the
Company or any Service Provider (or any of their respective successors, assigns, or heirs) in any way related to or
arising out of the provision or use of the MyForce Service or your Personal Information and any other matter
related to, governed by, or arising out of any Governing Agreement, whether based in contract, tort or otherwise
or brought individually, jointly or as part of a class (“Dispute”). A Dispute shall also include any issue related to the
enforceability or applicability of any provision of this Section 9.
9.2 Good Faith Negotiations. To the extent permitted by law, you and the Company agree to attempt to
resolve any Dispute that might arise by first discussing the relevant issues in good faith without the intervention of
9.3 Governing Law. You and the Company agree that any Dispute shall be governed and resolved by applying
the substantive laws of the State of Colorado and the United States without regard to conflict of laws principles.
9.4 Binding Arbitration. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY HEREBY
AGREE THAT ANY DISPUTE (AS DEFINED IN SECTION 9.1) THAT CANNOT BE RESOLVED THROUGH INFORMAL
NEGOTIATIONS BETWEEN THE PARTIES SHALL BE FINALLY RESOLVED BY CONFIDENTIAL, BINDING, NONAPPEALABLE,
AND ENFORCEABLE ARBITRATION. THE DISPUTE SHALL BE BROUGHT BEFORE THE AMERICAN
ARBITRATION ASSOCIATION (“AAA”) LOCATED IN DENVER, COLORADO UNDER THE AAA COMMERCIAL
ARBITRATION RULES AND MEDIATION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMERRELATED
DISPUTES. YOUR RIGHTS SHALL BE FINALLY RESOLVED BY ONE OR MORE NEUTRAL ARBITRATOR(S) (NOT
A JUDGE OR JURY), WHOSE DECISION WILL BE AS ENFORCEABLE AS A COURT ORDER AND SUBJECT TO VERY
LIMITED REVIEW, IF ANY, BY A COURT. YOU AND THE COMPANY AGREE TO GIVE UP THE RIGHT TO LITIGATE ANY
DISPUTE IN COURT IN FRONT OF A JUDGE OR JURY. MORE INFORMATION CONCERNING ARBITRATION AND THE
PROCEDURE TO FILE A CLAIM CAN BE FOUND ON THE AAA WEBSITE (www.adr.org) OR BY CALLING 1(800)778%u2010
9.5 Alternative Jurisdiction and Venue. If the arbitration requirements of Section 9.4 are held to be invalid by
a court of competent jurisdiction or do not apply for any other reason, YOU AND THE COMPANY AGREE TO WAIVE
ANY TRIAL BY JURY and to submit to the exclusive jurisdiction, including in personam jurisdiction, and venue of the
appropriate state or federal court located in Denver, Colorado, USA for any and all Disputes.
9.6 Class Action Waiver. YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE OR BE
REPRESENTED IN ANY CLASS ACTION PROCEEDING IN ANY WAY RELATED TO THE MYFORCE SERVICE. You and
the Company agree that any proceedings to resolve any Dispute, whether in arbitration, court, or otherwise, will
be conducted solely on an individual basis, and that neither you nor the Company will seek to have any Dispute
heard as a class action, representative action, collective action, private attorney%u2010general action, or in any
proceeding in which you or the Company acts or proposes to act in a representative capacity or in which a third
party brings an action on behalf of you or the Company. You and the Company further agree that no arbitration or
judicial proceeding will be joined, consolidated, or combined with another arbitration or judicial proceeding
without the prior written consent of you, the Company and any other parties to any such arbitration or judicial
9.7 Limitation of Actions. To the extent permitted by applicable law, you and the Company agree that any
Dispute must be filed in an appropriate forum (through arbitration or, if disallowed, in court) within one year from
the earliest date when the Dispute first could be filed; and thereafter, such cause of action shall be permanently
SECTION 10 MODIFICATION OF GOVERNING AGREEMENTS
10.1 End User Modification Prohibited. In order to use the MyForce Service, you must accept this End User
System) without modification, addition or deletion. You may not modify any of the Governing Agreements at any
time or under any circumstances.
10.2 Modification By The Company. The Company, in its sole discretion, may modify the terms and conditions
of one or more of the Governing Agreements at any time after providing you notice and a copy of the revised
Governing Agreement(s) via the email you have established as your username for your MyForce Account. If you do
not object to the changes in accordance with Section 10.3 below, your continued use of the MyForce Service after
a thirty (30) day period following notice shall constitute your consent and acceptance to the revised Governing
10.3 End User Objection To Modification. In the event the Company modifies a Governing Agreement, you
may object to a change by providing written notice to the Company (in accordance with Section 11.5) within thirty
(30) days of the date written notice of the change was emailed to you. Your written notice must set forth the
specific change(s) to which you object. You will only have the right to object to a provision that has been modified
by the Company since the last version accepted by you; all other provisions shall remain in full force and effect. If
you properly object to a change made by the Company, you will be bound by a version of the revised Governing
Agreement that excludes the specific change(s) to which you object, but otherwise incorporates all other
modifications made by the Company. This version of the Governing Agreement shall become effective thirty (30)
days after the date written notice was emailed to you and shall remain in effect until the end of your then current
paid%u2010for subscription. If your MyForce membership renews thereafter, your continued use shall constitute your
consent and acceptance of the revised Governing Agreements as published on the Company’s website, including
all modifications previously made by the Company and regardless of your previous objections. The most recent
version of all Governing Agreements will be accessible through the Company’s website and can be printed for your
review and permanent records.
SECTION 11 GENERAL TERMS & CONDITIONS
11.1 Independent Contractor Status. The relationship between the Company and any other Service Provider
shall be solely that of independent contractors. Nothing herein shall be construed to create a relationship between
Company and any Service Provider in the nature of profit%u2010sharing, partnership, joint venture, principal/agent,
employment, franchise or any other relationship that might impose liability on the Company for the other Service
Provider’s past, present or future debts, liabilities, obligations, acts or omissions.
11.2 Assignment. This End User Agreement shall be binding upon and inure to the benefit of the parties and
their respective successors and permitted assigns. You may not assign this End User Agreement or your rights or
obligations hereunder or otherwise transfer the MyForce Service to another person. The Company may assign, at
its sole discretion, this End User Agreement or any of its rights or obligations hereunder without notice to or
consent of End User.
11.3 Waiver. A party’s failure to exercise any right, power, or remedy under this End User Agreement shall not
operate as a waiver of a continuing breach or a similar breach in the future. All rights and remedies provided under
this End User Agreement are cumulative and not exclusive of any other rights or remedies which are otherwise
available at law or equity.
11.4 Severability. If any provision of this End User Agreement (or portion thereof) is deemed to be unlawful,
void or for any reason unenforceable, then that provision (or portion thereof) shall be deemed severable from this
End User Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties
further agree, to the extent possible, to substitute for the invalid provision (or portion thereof) a valid provision
that approximates the intent and economic effect of the invalid provision as closely as possible.
11.5 Notices and Contact Information. All notifications to the Company required or permitted under this End
User Agreement shall be sent via email to [email protected] with the phrase “LEGAL NOTICE” in the subject line
or via U.S. mail, postage prepaid to MyForce, Inc., Attn: Legal Department, P.O. Box 100352, Denver, Colorado
80250%u20100352. All notifications to you shall be communicated using the email address you established as your
username for your MyForce Account. You are responsible for maintaining an accurate and functioning email in
your MyForce Account.
11.6 Headings. The headings referred to or used in this End User Agreement are for reference and
convenience purposes only and shall not in any way limit or affect the meaning or interpretation of any of the
11.7 Survival. To the extent applicable, the provisions of this End User Agreement relating to the following
rights or obligations shall survive the termination, cancellation, expiration, revocation and/or rescission of this End
User Agreement: Section 2.3 (Third Party Beneficiaries), Section 4 (Ownership of Proprietary Rights & Usage
Restrictions), Section 6 (Privacy & Confidentiality of Information), Section 7 (Disclaimers and Limitations of the
MyForce Service), Section 8 (Allocation of Risk), Section 9 (Dispute Resolution), this Section 11.7 (Survival), and any
provision that: (i) expressly states its survival; (ii) is necessary for the enforcement of a right, remedy or protection
that arose prior to the termination of this End User Agreement; or (iii) is necessary to interpret surviving
11.8 Entire Agreement. The Governing Agreements represent the complete and exclusive statement of the
agreement and understanding between you and the Company regarding your use of the MyForce Service, the
terms of payment, and the care and use of Personal Information. This End User Agreement supersedes all prior
and contemporaneous agreements and representations regarding such subject matters, including, without
limitation, any verbal representations or agreements that may have been reached.
BY INDICATING YOUR ASSENT WHEN THIS END USER AGREEMENT IS ELECTRONICALLY PRESENTED THROUGH THE
MYFORCE SYSTEM, YOU ACKNOWLEDGE AND EXPRESSLY AGREE: (1) THAT YOU HAVE READ AND UNDERSTAND
THIS END USER AGREEMENT, (2) TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS WITHOUT MODIFICATION
OR ADDITION, AND (3) THAT THE ACT OF TYPING YOUR NAME CONSTITUTES YOUR ELECTRONIC SIGNATURE TO
THIS END USER AGREEMENT. IF YOU DO NOT AGREE TO ALL SUCH TERMS AND CONDITIONS, DO NOT ATTEMPT TO
ACCESS OR USE THE MYFORCE SYSTEM.
MyForce End User Service and License Agreement v.2013.2
Copyright © 2010%u20102013 MyForce, Inc. All rights reserved.
Contact: [email protected]
Effective September 1, 2013