Website Terms of Use

These Website Terms of Use (the “Terms of Use” or “Terms”) govern your access to and use of our website, mobile applications, and any other online services (collectively, the “Services”) provided by Outreach Smartphone Monitoring LLC (dba Alcohol Smartphone Monitoring) or its legal affiliates (collectively, “OSM,” “we,” “us” or “our”), including any content, functionality, features and applications made available from or through this website, including any subdomains thereof, (the “Website”) or otherwise offered on or through the Services to you as a guest or registered user.

The Terms of Use govern the access and/or use by you of all the Services, and our Privacy Policy explains how we treat information that you provide to us through the Services. These Terms of Use and Privacy Policy are a legal agreement between you and OSM. The Terms and Privacy Policy apply to any person who accesses or uses any portion of the Services ( “you”).

1. Acceptance of Terms of Use

Please read these terms carefully before you start to access or use our services. by accessing or using the services, you acknowledge and agree to be legally bound by these Terms of Use and Our Privacy Policy. if you do not wish to be bound by these terms or the privacy policy, please do not access or use any portion of the services. these terms include a binding arbitration clause in section 24 and a class action waiver in section 23. this provision affects your rights to resolve disputes with us and you should review it carefully.

2. Changes to Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post the updated Terms at this location, and apply to all access to and use of the Services thereafter, as well as all information we hold about you at that time and thereafter. We also may alert you by email of such changes. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to periodically check this page so you are aware of any changes, as they are binding on you.

3. Eligibility

By using the Services, you represent and warrant that you are of legal age to form a binding contract with OSM and meet all of the eligibility requirements in these terms.

4. Use of Website Information; Availability of the Services

We are not responsible if information made available on the Website or through the Services is not accurate, complete or current, and we are under no obligation to update such material. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions related to the purchase or use of our products and services. Any reliance on the material on the Website or through the Services is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

Although it is our intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

5. Proprietary Rights.

5.1. Services and OSM Content. We, or our licensors, own the Services, including the Website, and all of its entire contents, features and functionalities (including, but not limited to, all information, software, text, displays, images, pictures, video and audio, and the design, selection and arrangement thereof, and all trademarks, trade dress, and intellectual property owned by OSM or our licensors) (collectively, the “OSM Content”). The OSM Content is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We reserve all intellectual property rights in the Services and OSM Content, and no right, title, or interest in or to the Services or the OSM Content is transferred to you, except for the rights expressly granted in these Terms. We reserve all rights not expressly granted to you. You are not permitted to use the OSM Content outside of the normal functions of the Services without the prior written consent of OSM.

5.2. Improvements. You may not make any improvements or modifications to the Services or create any derivative works based upon the Services (collectively, “Improvements”) without our express written consent. Any such Improvements shall be solely owned by us and included under the definition of the Services. You hereby irrevocably transfers and assigns to us, and agree to irrevocably transfer and assign to us all right, title and interest in and to the Improvements, including all intellectual property rights therein.

5.3. Trademarks. The trademarks, logos, and service marks, including but not limited to “Outreach Smartphone,” “Alcohol Smartphone Monitoring,” “OSM,” and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on or through the Services, are registered and unregistered Trademarks of OSM or its licensors. The Trademarks and all other materials contained in the Services may not be distributed, modified, or reproduced in whole or in part without our prior written permission in each instance. All goodwill arising from the use of the Trademarks shall inure to OSM.

6. Limited License.

Subject to your compliance with these Terms, we grant you a limited, terminable, nonsublicensable, non-transferable, non-exclusive, revocable license to (i) access, display, perform and view the OSM Content made available on our Website on your computer, tablet, mobile device or other device, in each case solely for your personal, non-commercial, and internal use, and (ii) unless otherwise indicated in these Terms of Use or on the Website, make single copies or prints of the OSM Content on the Website for your personal, non-commercial, and internal use. These Terms will also govern any upgrades, updates, modifications and/or improvements to the Services that are provided by us.

7. Prohibited Uses.

As a condition of your use of the Services, you agree to use the Services in compliance with these Terms and may not use the Services for any purpose that is unlawful or is prohibited by these Terms. You will not:

  • violate any applicable federal, state, local, or international law, rule, or regulation (including, without limitation, any intellectual property laws or laws regarding the export of data or software to and from the U.S. or other countries);
  • remove, alter, or conceal any copyright, trademark, service mark or other proprietary notices from any portion of the Services or OSM Content;
  • infringe our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or any OSM Content except as expressly permitted by these Terms;
  • decompile, reverse engineer, disassemble the Services, including, without limitation, the underlying software and technology to operate, execute, implement, enable, maintain and/or support the Services;
  • attempt to derive the source code of the Services or any updates or any part thereof except as may be permitted by applicable law;
  • use the Services in any manner that could damage, disable, overburden, or impair any OSM server, or the network(s) connected to any OSM server, or interfere with any other party's use and enjoyment of the Services;
  • link to, mirror or frame any portion of the Services;
  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
  • attempt to gain unauthorized access to or impair any aspect of the Services, computer systems or networks connected to any our server, including through hacking, password mining or any other means;
  • create accounts or access OSM Content or other data (including user information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper;
  • introduce any malware (including, but not limited to, viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful) into the Services, any OSM server or the network(s) connected to any OSM server;
  • circumvent or modify any security technology or software that is part of the Services;
  • circumvent or disable any content protection system or digital rights management technology used with any of the Services;
  • access or use any Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands;
  • post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities;
  • attempt to deceive or exploit anyone in any way, such as by exposing such person to inappropriate content, asking for personally identifiable information, including, without limitation, your or any other person’s social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
  • create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
  • impersonate, attempt to impersonate, or falsely imply that you are associated with OSM, an OSM employee, OSM’s URL or domain name, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing);
  • cause, in your use of the Services, a nuisance, annoyance, inconvenience, or property damage to any other individual or entity; or
  • attempt, or encourage or assist any other person, to circumvent any of the usage rules and license restrictions set forth in this Section 7 (collectively, the “Usage Rules”).

We reserve the right, without prior notice, to suspend or terminate your account or disable your access to and use of the Services if you fail to comply with any of the Usage Rules or any other Terms.

8. User Contributions.

8.1. The Services may contain message boards, chat rooms, blogs, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) data, text, files, information, inquiries, usernames, images, graphics, photos, drawings, memes, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Contributions”) on or through the Services.

8.2. You represent and warrant that:

  • All of your User Contributions do and will comply with these Terms of Use;
  • You own or control all rights to the User Contributions posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use;
  • You will pay for all royalties, fees, and any other monies owed by reason of User Contributions you post on or through the Services;
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not OSM, have fully responsibility for such materials, including its legality, reliability, accuracy, and appropriateness; and
  • We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

8.3. You hereby grant OSM a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Contributions that you post through the Services or otherwise provide to OSM (including, without limitation, feedback, suggestions and inquiries), subject to our Privacy Policy.

8.4. User Contributions will be considered non-confidential and non-proprietary. Furthermore, the Internet may be subject to breaches of security and the submission of User Contributions or other information may not be secure.

8.5. It is in our sole discretion to share, reproduce, publish, or post through the Services any User Contributions submitted by you or on your behalf. OSM is not a backup service and you agree that you will not rely on the Services for the purposes of storing User Contributions.

8.6. We will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Services, or the loss of any User Contributions. We expressly reserve the right to request edits, refuse to use, remove, or disable User Content, in whole or in part, that we conclude, in our sole discretion, violates these Terms or our Privacy Notice, or is incompatible with the purposes of any of the Services.

9. Other Data.

9.1. Service Data. In addition, during your use of the Services, we may collect query logs and data relating to your usage of the Services and/or relating to the operation, support and performance of the Services (“Service Data”). You hereby unconditionally and irrevocably assign to OMS all right, title and interest in and to the Service Data, including all intellectual property rights relating thereto. This Section does not give us the right to identify you as the source of any Service Data without your written permission.

9.2. Anonymous and De-Identified Data. Notwithstanding anything to the contrary, we will have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services (including the Website) and related systems and technologies (including, without limitation, information concerning User Contributions and data derived therefrom); provided that such data (i) relates to a group or category of individuals from which individual identities have been removed, and that is not linked or reasonably linkable to any individual; or (ii) cannot reasonably identify, relate to, describe, be associated with, or be linked to a particular individual, and that we have implemented technical safeguards and business process to prohibit re-identification of users) (collectively, “Anonymous Data”). You hereby grant OSM a royalty-free, fully-paid up, transferable license to create Anonymous Data. You also hereby grant OSM a perpetual, worldwide, irrevocable, royalty-free, fully-paid up, transferable license, with the right to grant sublicenses, and we will be free (during and after the term of these Terms of Use), to (a) use such Anonymous Data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other OSM offerings; (b) use, disclose and distribute Anonymous Data in connection with its business, including, without limitation, for training, research, development, marketing and promotional efforts and provision of services to others; (c) prepare and distribute reports and analyses of Anonymous Data; and (d) aggregate or otherwise bundle and sell the Anonymous Data to third parties.

9.3. Feedback. We do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If you choose to send us content, information, ideas, suggestions, comments, improvements, enhancement requests, recommendations, corrections, ideas or other feedback or materials relating to the Services or any other OSM products or services (collectively, “Feedback”), you acknowledge and agree that we may freely use any such Feedback for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any obligation, liability or payment of any kind to you and without restriction based on intellectual property rights or otherwise.

9.4. Waiver. You agree to waive all claims against OSM, its employees, agents and assigns, that could arise from the collection, use, dissemination, storage, sharing, sale or disposal of the User Data, Service Data or Anonymous Data in accordance with these Terms.

10. Linking to the Services.

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on our Services; (ii) send communications with certain content, or links to certain content, using the Services; or (iii) cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: (a) establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or (b) take any action with respect to the Services that is inconsistent with these Terms of Use. We may disable any social media features and any links at any time without notice in our sole discretion.

11. Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that we do not control (“Third Party Services and Content”), and our Services (including our Website) may contain links to third party websites that we do not control (collectively, “Third Party Links”). You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and Content and Third Party Links. We do not endorse such Third Party Services and Content or Third Party Links. We are providing these Third Party Services and Content and Third Party Links to you only as a convenience. We do not warrant the accuracy, completeness, or usefulness of any Third Party Services and Content or Third Party Links or any information contained therein. Any reliance you place on such information is strictly at your own risk. In no event shall we be responsible or liable for any contents of any such Third Party Services and Content or such Third Party Links or any products or services of such third party providers.

12. Monitoring; Suspension and Termination of Use Privileges.

12.1. Monitoring. We reserve the right at any time to (i) monitor your use of any of the Services and (ii) terminate your use of some or all of the Services if you engage in activities that we conclude, in our discretion, breach any of our Usage Rules or otherwise violate these Terms or our Privacy Policy. Although we have no - and assume no - obligation to monitor activities on any of the Services, please understand that we may employ filters designed to detect and block inappropriate content described in our Usage Rules. You should also understand that our Usage Rules are based in many instances on principles of applicable law. Violations of our Usage Rules accordingly may expose you to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. We reserve the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, consistent with our Privacy Policy.

12.2. Suspensions and Termination. We have the right to: (i) terminate, change, suspend or discontinue any aspect of the Services or OSM Content at any time for any or no reason without notice and without liability to you; (ii) refuse, restrict, terminate, or suspend your access to all or part of the Services or OSM Content for any or no reason, including without limitation, any violation of these Terms of Use or any applicable law, or for any other reason, without notice and without liability to you; and (iii) force forfeiture of any username for any reason.

12.3. Effect of Termination. Upon the termination of the Services, (i) all rights and licenses granted by us to you will immediately terminate, and you will immediately cease use of and access to the Services; and (ii) you may no longer have access to your User Contributions. The exercise of any remedy by under these Terms, including termination, will be without prejudice to any other remedies we may have under these Terms, by law or otherwise.

12.4. Surviving Terms. The provisions in these Terms that by their nature are intended to survive termination or expiration of these Terms shall survive the termination of the Services and these Terms, including, without limitation: Sections 5 (Proprietary Rights), 7 (Prohibited Uses), 8 (User Contributions), 9 (Other Data), 11 (Third Party Services and Content), 12.3 (Effect of Termination), 12.4 (Surviving Terms), 14 (Disclaimer of Warranties), 15 (Indemnification), 16 (Limitation of Liability), and Sections 18-31.

13. Geographic Restrictions

OSM is based in the United States and provides its Services for use to persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. Disclaimer of Warranties.

the services and the osm content are provided “as is” and “as available” with all faults and without warranty of any kind. to the extent permitted by law, we and our distributors, partners, licensors, successors and assigns, and service providers hereby disclaim all warranties, whether express, implied or statutory, including without limitation, warranties that the services and the osm content are free of defects, merchantable, fit for a particular purpose, accurate and non-infringing. you bear the entire risk as to selecting the services for your purposes. we do not warrant against interference with your enjoyment of the services or that the services will meet your requirements, that the operation of the services will be uninterrupted or error-free, or that defects in the services or the osm content will be corrected. we do not warrant or

Represent that any information or material accessible through the services will be free of malware, viruses or other harmful features. we expressly disclaim: (i) any responsibility or liability for the accuracy, content, completeness or legality of the osm content or other information available through the services or the content of any sites linked to the services; (ii) any responsibility or liability for harm resulting from downloading or accessing information through the services or information of any sites linked to the services; or (iii) any responsibility or liability for any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of any of the service or any unauthorized access to or use of our secure servers. this limitation will apply notwithstanding the failure of essential purpose of any remedy.

Your sole remedy against us for dissatisfaction with the services or any osm content, or any errors or interruptions in the use of the services, is to stop using the services or any such osm content.

We do not warrant that we will review the user contributions for accuracy or any other purpose or that we will preserve or maintain the user contributions without loss. we shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications, for issues related to third-party hosting providers or wireless carriers with whom you separately contract, or for issues related to the privacy or security of wireless data transmissions.

Some jurisdictions do not allow the exclusion or limitation of implied warranties. if you reside in one of these jurisdictions, this disclaimer may not apply to you. you may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law.

15. Indemnification.

You agree to defend, indemnify, reimburse and hold harmless OSM and our affiliates, licensors, resellers, partners, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against, and to pay, any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your breach or violation of these Terms of Use; (ii) your use of the Services, including, but not limited to, any use of the OSM Content, information, services and products other than as expressly authorized in these Terms of Use; (iii) your User Contributions or any portion thereof, including without limitation through a posting, a link, reference to User Contribution, or otherwise; (iv) any inaction or failure to perform by you under these Terms; (v) your violation of the rights of any third party, including Monitored Individuals; or (vi) a dispute between you and another user in connection with use of the Services. THE ABOVE INDEMNIFICATION WILL APPLY EVENT IF THE CLAIM IS DUE IN PART TO OUR SOLE OR CONCURRENT NEGLIGENCE OR OTHER FAULT, BREACH OF CONTRACT, STRICT LIABILITY.

16. Limitation of Liability

Except as required by law, we and our affiliates, licensors, resellers, partners, directors, members, and agents will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to these terms or the use of or inability to use the services or the osm content, including without limitation, damages for loss of goodwill, work stoppage, lost profits, loss of data, loss of business or anticipated savings, personal injury, pain and suffering, emotional distress, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. in no event shall osm’s aggregate liability to you under these terms or in connection with the services for all damages, losses and causes of action exceed the amount, if any, paid by you to us for your use of the website or for the specific services upon which the claim is based.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages. if you reside in one of these jurisdictions, this exclusion and limitation may not apply to you.

17. Security.

We use commercially reasonable efforts to maintain the security of your personal information through the use of firewalls, software encryption and passwords. However, you acknowledge that, despite these precautions, it is possible for your personal information to be breached or accessed by unauthorized third parties through means, including, but not limited to, communications between you and us using the Internet, other network communications facilities, or any other electronic means, and that we are not responsible for such unauthorized access, except that we will provide any legally required breach notifications.

18. Export Controls

You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, you may not export or re-export the Services: (a) into any United States embargoed countries; or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that: (i) you will not use these products for any purpose prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons; (ii) you are not located in a country that is subject to a United States government embargo or has been designated by the United States government as a “terrorist supporting” country; and (iii) you are not listed on any United States government list of prohibited or restricted parties.

19. U.S. Government End-Users.

The Services and any related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227-7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions in these Terms. Unpublished rights are reserved under the copyright laws of the United States.

20. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use, the services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

21. Injunctive Relief.

We will have the right to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary rights. You agree that any use of the Services in violation of these Terms will result in irreparable harm and that injunctive relief is appropriate to prevent such harm.

22. Choice of Law, Jurisdiction and Venue.

You and we agree that any disputes between us shall be resolved under the substantive law of the state of Colorado (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply. Without limiting the arbitration requirements in Section 24 (Dispute Resolution), you and we agree to submit all disputes between us to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado.

23. Waiver of Jury and Class Action.

Without limiting the arbitration requirements in section 24 (dispute resolution), you and we hereby voluntarily and irrevocably waive trial by jury in any action or other proceeding brought in connection with these terms. you further expressly waive any right to bring or participate in a class action or seek class action status. the scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter of these terms, including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.

23. Waiver of Jury and Class Action.

Without limiting the arbitration requirements in section 24 (dispute resolution), you and we hereby voluntarily and irrevocably waive trial by jury in any action or other proceeding brought in connection with these terms. you further expressly waive any right to bring or participate in a class action or seek class action status. the scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter of these terms, including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.

24. Dispute Resolution.

24.1. Arbitration. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and us, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

24.2. Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

24.3. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Colorado and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

24.4. Arbitration Location and Procedure. Unless you and we otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

24.5. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

24.6. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

24.7. Changes. Notwithstanding the provisions of the modification-related provisions above, if we change this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing us written notice of such rejection by email from the email address associated with your Account to:, within thirty (30) days of the date such change became effective, as indicated in the "Last Updated” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

25. Entire Agreement.

These Terms of Use constitute the entire agreement between you and us regarding the use of and access to the Services and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter. The section titles in these Terms are for convenience only and have no legal or contractual effect.

26. Non-Waiver; Severability.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Each you and we agree that each provision of these Terms is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of these Terms is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and not affect the validity and enforceability of any remaining provisions.

27. Assignment.

You may not assign, transfer or delegate your rights under these Terms to any third party without our prior written consent. We may assign or transfer these Terms and/or your rights under these Terms without condition and without your consent.

28. Reporting Copyright Infringement and Other Violations.

OSM respects the intellectual property rights of others and requires that its users do the same. If you believe that content on any of the Services or other activity taking place on the Website constitutes infringement of a work protected by copyright or trademark or any other intellectual property right under U.S. or other national or international law, please report it to us by using the contact form on our website at, by email at, by phone at 1-970-240-8878, or by mail at: Outreach Smartphone Monitoring, LLC., 35 Selig Ave. Montrose, CO 81401. Please include the subject as “Attn: Legal – Report of Infringement or Violation.”

29. General Inquiries.

If you have any questions, comments or claims relating to these Terms or the Services, please contact us by using the contact form on our website at Or you can contact us by email at, by phone at 1-970-240-8878, or by mail at: Outreach Smartphone Monitoring, LLC., 35 Selig Ave. Montrose, CO 81401, and include the subject as “Attn: Legal – Website Terms of Use.” Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.

30. Force Majeure.

We are not liable for non-performance to the extent to which the non-performance is caused by events or conditions beyond our control, and we give prompt notice to you and make all reasonable efforts to perform. In no event will this provision affect your obligation to make payments under these Terms.

31. Notice.

We may give notice by means of a general notice on the Services or an electronic mail to your email address provided by you to us. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting or 12 hours after sending (if sent by email).

31. Relationship to Privacy Policy.

These Terms must be read in conjunction with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control.