RECOVERY CONNECT MOBILE APPLICATION
END USER LICENSE AGREEMENT (EULA)
This End User License Agreement (the “EULA”) for the Recovery Connect Mobile Application (the “Licensed Application”) is subject to that certain Recovery Connect Network Services Agreement (the “Agreement”). Any conflicts between this EULA and the Agreement shall be governed by the terms of the Agreement. Capitalized terms used in this EULA and not otherwise defined shall have the meanings ascribed thereto in the Agreement. This EULA sets forth your (“You” or “Your”) individual license to use the Licensed Application. The licensor of the Licensed Application, MBSi Corp. (hereinafter, “Application Provider”), reserves all rights not expressly granted hereunder.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, BROWSE, USE OR REGISTER TO USE THE LICENSED APPLICATION.
USE OF THE LICENSED APPLICATION WHILE OPERATING A MOTOR VEHICLE OF ANY KIND MAY BE DANGEROUS AND IS STRICTLY PROHIBITED. YOU AGREE TO INDEMNIFY AND HOLD MBSI HARMLESS FOR ANY BREACH OF THIS LICENSE CONDITION.
a. Scope of License. The license granted to You for the Licensed Application by the Application Provider is limited to a non-transferable, non-exclusive, non-assignable license to access, download, and install from a third party application distribution site (“Application Distribution Site”), and use the Licensed Application on a single mobile device or computer that You own or control. This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. With respect to any Licensed Application accessed through or downloaded from an Application Distribution Site, You will use the Licensed Application in accordance with this EULA and the terms of service associated with the Application Distribution Site.
You may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Licensed Application in any way; (ii) modify or make derivative works based upon the Licensed Application; (iii) reverse engineer or access the Licensed Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Licensed Application, or (c) copy any ideas, features, functions or graphics of the Licensed Application, or (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Licensed Application. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the licenses granted hereunder will govern any upgrades provided by Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
This EULA is between You and Application Provider only, and not any third party smartphone, tablet, computer or other electronic mobile device (collectively, “Device”) manufacturer or application distribution vendor (“Vendor”). As such, Application Provider, not Vendor, is solely responsible for the Licensed Application and its content, and the following terms apply to Your access and use of the Licensed Application:
(i) You will use the Licensed Application only on Vendor Devices that You own or control, running on an authorized version of the operating software for such Device; and as permitted by, and in accordance with the usage rules set forth in the terms and conditions made available in the Application Distribution Site, except that such Licensed Application may be accessed, acquired and used by other accounts associated with Your account via a “Family Sharing” service.
(ii) You acknowledge that Vendor has no obligation to furnish any maintenance and support services with respect to the Licensed Application.
(iii) In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Vendor, and Vendor will refund the purchase price for your purchase of the Licensed Application from the Application Distribution Site, if any, and to the maximum extent permitted by applicable law, Vendor will have no other warranty obligation whatsoever with respect to the Licensed Application. As between Application Provider and Vendor, Application Provider, not Vendor, will be solely responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
(iv) You acknowledge that, as between Application Provider and Vendor, Vendor is not responsible for addressing any claims You have or any claims of any third party relating to the Licensed Application or your possession and use of the Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(v) You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Application Provider, not Vendor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA.
(vi) You acknowledge that Vendor is a third party beneficiary of this EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Vendor will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
(vii) You represent and warrant that (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
b. Consent to Use of Data. You agree that Application Provider may collect and use data and related information from the Licensed Application, including but not limited to technical information about Your location, device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may also use this information, for reporting and analytical purposes and to improve its products or to provide services or technologies. Application Provider may also disseminate user data and certain transactional data to third parties for the provision of Services and related uses.
c. Consent to Form of Communications. You agree that Application Provider may communicate with You by email, telephone or text message (including communications sent by automated equipment or interactive voice response) in accordance with your designated preference for receiving communications, (i) in response to your inquiries, (ii) in connection with the Licensed Application, (iii) to inform you of assignments, promotions, updated features and services, and (iv) to manage your account. . If you elect to use text messaging as your preferred method of receiving communications from Application Provider, you (a) acknowledge that standard messaging and data charges will apply, (b) represent that the mobile number provided is your own mobile telephone number; and (c) acknowledge that your consent to the foregoing is not a condition to purchase the Licensed Application. You may cancel (opt-out) of text messaging notification service by changing Your preferences in account settings.
You acknowledge and agree that communications, including phone calls or “chat” services, with the Application Provider may be monitored or recorded and retained by the Application Provider.
d. Termination. The licenses granted hereunder are effective until terminated by You or Application Provider. Your rights under this EULA will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this EULA or the Agreement. You may terminate this EULA by deleting all copies of the Licensed Application from any mobile device that you own or control. Upon termination of the licenses granted hereunder, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
e. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service displayed at each such website. You acknowledge that access to the Recovery Connect software, website and services requires a separate license agreement. Your use of the Services is conditioned upon compliance with the licenses, terms and conditions for all Services.
You acknowledge that certain Services and Licensed Applications may require additional fees, including transaction fees, the terms of which are described in the Agreement and/or in the applicable terms of service for such Services and Licensed Applications. Such transactional fees include Online Lender assignment fees. You shall submit a valid credit card number and related information for automated billing purposes. You shall purchase $1.00 credits, with a $25 minimum, and Your credit balance shall be reduced for every collateral recovery assignment received and for every collateral recovery reported at the then-current published rates on Application Provider’s website, at www.MBSiCorp.com/RC-Apps-Fees. It is Your responsibility to ensure that enough credits have been purchased for You to receive recovery assignments through the Licensed Application. These fees are subject to change through notice by the Application Provider, pursuant to the terms set forth in Section 7 of the Agreement.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”), including user provided content or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Information displayed by any Services is for general informational purposes only and is not intended to be relied upon for decision-making purposes. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or location data displayed by any Services and Your use of the Services in not guaranteed to be error-free or uninterrupted.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means without the express written consent of the owner of the relevant materials. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and third party Materials that may be accessed from, displayed on or linked to from a mobile device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
f. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“LICENSED SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY LICENSED SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION THAT THE FUNCTIONS CONTAINED IN OR LICENSED SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR LICENSED SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR LICENSED SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
g. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
h. Export Limitations. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list.
i. Governing Law. The laws of the State of Arizona, excluding its conflicts of law rules, govern this EULA and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
j. Arbitration. Any dispute, claim or controversy arising out of or relating to this EULA, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this EULA to arbitrate, or relating to the Licensed Application, shall be settled by arbitration administered by the American Arbitration Association (the “Arbitration Association”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AGREE THAT, BY USING THE LICENSED APPLICATION, YOU AND APPLICATION PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR CONSOLIDATION WITH OTHER ARBITRATIONS. This EULA evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
The arbitration will be conducted by a single arbitrator who is knowledgeable in commercial disputes and who is selected by mutual agreement of the parties or, failing such agreement, will be selected according to the Arbitration Association rules. Each party shall bear its own costs and expenses, and only the prevailing party shall be entitled to an award of reasonable attorney’s fees. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this EULA.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Application Provider must be addressed to: MBSi Corp., 2301 W Dunlap Ave Suite 211, Phoenix, AZ 85021, Attention: General Counsel. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Application Provider and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or Application Provider may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Application Provider or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Application Provider is entitled.
k. Question or Comments. Should You have any questions, comments, complaints or claims relating to the Licensed Application or this EULA, please contact Application Provider at MBSi Corp., 2301 W Dunlap Ave., Suite 211, Phoenix, AZ 85021. Please provide enough information in Your notice to Application Provider so that Application Provider can easily identify the Licensed Application to which your notice relates and the comments and/or questions to be addressed.