Wots for Consumer (Wots for Residents) - Terms of Use

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”).

These Terms of Use (“Terms,” including our define the terms and conditions under which you’re allowed to use Wots for Consumer, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact as at info@wotsinc.com.

ACCOUNT

  1. Eligibility

In order to use Wots for Consumer, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration process;
  3. be the sole user of the mobile device you register with the Service;
  4. agree to the Terms; and
  5. provide true, complete, and up to date contact information.

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.

  1. Term

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.

  1. Modifying or Closing Your Account

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.

  1. Changes

We may change any of the Terms by posting revised Terms of Use on our App and/or by sending a text message or email to the last email address or mobile number you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Wots for Consumer. We may change the App, the Service, or any features of the Service at any time.

  1. Account Security

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.

  1. Account Disputes

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.

RIGHTS

  1. Proprietary Rights

You will respect our proprietary rights in the App and the software used to provide Wots for Consumer (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may not use our brand assets without express written permission. You represent and warrant that you either own or have permission to use all of the material submitted through Wots for Consumer. You retain ownership of the materials that you upload to the Service and grant Wots a non-revocable license to use the information only as described in these Terms and our Privacy Policy.

  1. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

  1. Right to Review Issues

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.

RULES AND ABUSE

  1. General Rules

You promise to follow these rules:

  1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
  2. You won’t purposefully report issues that you know do not exist or that you know are not issue for which law enforcement can assist.
  3. You won’t use this service in any way to assist in a crime.

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.

  1. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately.

  1. Compliance with Laws

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 ActFair Credit Reporting ActEqual Credit Opportunity Act, or other laws that apply to commerce.

You represent that you will not use this application outside of the United States.

  1. U.S. Export Controls

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.

LIABILITY

  1. Limitation of Liability

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.

  1. No Warranties

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.

  1. Indemnity

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.

  1. Attorney Fees

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.

  1. Equitable Relief

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.

  1. Subpoena Fees

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.

  1. Disclaimers

We and our Team aren’t responsible for the behavior of any other Members or of Members of the Wots for Law Enforcement application.

FINE PRINT

  1. Notice to U.S. Government End Users

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:

  1. only as Commercial Items,
  2. with the same rights as all other end users, and
  3. according to the Terms

Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is C & S Strategies, LLC, 18 Park View Ave, #717, Jersey City, NJ 07302

  1. Assignments

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.

  1. Choice of Law

The State of New Jersey’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Hudson County, New Jersey, and each party will be subject to the jurisdiction of those courts.

  1. Force Majeure

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.

  1. Survivability

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.

  1. Severability

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.

  1. Interpretation

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.

  1. Amendments and Waiver

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.

  1. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group.

  1. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

  1. Notification of Security Breach

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.

  1. Notices

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, 18 Park View Ave, #717, Jersey City, NJ 07302, or any addresses as we may later post on the App.

  1. Entire Agreement

These Terms and our Privacy Policy (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.