Thanks for using Wots for Consumer.
Please read these Terms carefully. By using Wots for Consumer (also referred to as Wots for Residents) or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
You are agreeing to this entire agreement and should pay careful attention to the entire contents, but there is one important notice we want to draw your intention to about the usage of Wots for Consumer:
NOTICE: If you have an emergency, call 911. This app is not meant to replace 911 or the valuable role that 911 operators play in assisting people in emergencies.
We’ll start with the basics, including a few definitions that should help you understand this agreement. Wots for Consumer (“Wots for Consumer” or the “Service”) is a mobile application to share information with state, local and federal government public safety departments that can be download as an Android application from Google Play and as an iOS application from the Apple AppStore (we’ll refer to it as the “App”) that allows you to report information about potential violations of law (each potential violation is called an “Issue”) to public safety employees. Wots for Consumer is owned and operated by C & S Strategies, LLC d/b/a Wots, a Delaware limited liability corporation (“Wots,” “we,” or “us”). Wots has employees, independent contractors, and representatives (“our Team”). As a user of the Service, you’re a “Member” according to this agreement (or “you”).
In order to use Wots for Consumer, you must:
By using Wots for Consumer, you represent and warrant that you meet all the requirements listed above, and that you won’t use Wots for Consumer in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Wots may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for Wots for Consumer and continues as long as you use the Service. Clicking the “I Agree” button means that you’ve officially “signed” the Terms.
It is your sole responsibility to notify Wots in writing if your mobile number has or will change and you wish to associate your existing account with a new mobile number and/or prevent your account from being accessed by any new owners of the mobile number associated with your account. Wots reserves the right to ask for supporting documentation and to refuse such a request when we believe that any fraudulent behavior may be occurring. You or Wots for Consumer may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once terminated, we may keep all data submitted to and through Wots for Consumer.
You’re responsible for keeping your account secure. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked validation codes sent to your mobile device.
We don’t know the details of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the mobile phone number associated with the account.
We may view, copy, and internally distribute content from your Issues and account to create algorithms and programs (“Tools”) that help us spot problem accounts or improve the efficiency of the service. We use these Tools to find Members who violate these Terms or laws. For example, we may determine that for a certain issue type, 99% of members do not submit photos and use that information to improve the user experience.
You promise to follow these rules:
If you violate any of these rules or we suspect that you may be violating these rules, then we may suspend or terminate your account.
If you think anyone is violating any of these Terms, please notify us immediately.
You represent and warrant that your use of Wots for Consumer will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
You represent that you will not use this application outside of the United States.
The software that supports the Services (the “Software”) is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the App and the Services. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
To the maximum extent permitted by law, we provide the material on the App and the Service as is. That means we don’t provide warranties of any kind, either express or implied.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any other Members or of Members of the Wots for Law Enforcement application.
The Software and App, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is C & S Strategies, LLC, 122 Spring St, #5S, New York, NY 10012.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
Amendments or changes to these Terms won’t be effective until we post revised Terms on the App. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Because we have so many Members, we can’t change these Terms for any one Member or group.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our App. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Wots, Attn. Legal Department, 122 Spring St 5S, New York, NY 10012, or any addresses as we may later post on the App.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.