ToProovIt® Terms of Service Access Agreement

Version 10.20.2024

Consistent with and as limited by applicable law, the following Terms of Service Access Agreement (the “Agreement”) sets for the terms and conditions which governs all aspects of the user’s (“you” or the “user”) use for the ToProovIt application and its associated services.  ToProovIt, LLC is referred to herein as “ToProovIt”, “us”, “we” or “our”) in this Agreement.  Subject to the limitations provided herein, ToProovIt, LLC owns and manages the ToProovIt application (the “ToProovIt App”), as it is amended and updated over time.

 

READ THIS AGREEMENT.  You are legally bound to the terms of this Agreement.  There is a class action waiver and binding arbitration clause, and clarification regarding the advertisements/promotions by attorneys who sponsor the ToProovIt App.

 

Subject to the details below, in short:

  • ALWAYS SEEK QUALIFIED LEGAL COUNSEL IN THE STATE IN WHICH YOU RESIDE FOR ADVICE ON HOW TO BEST UTILIZE THE ToProovIt App.
  • WE DO NOT SELL YOUR PERSONAL DATA.
  • WE DO NOT UTILIZE YOUR REPORTS. YOU DECIDE WHEN AND WITH WHOM YOU SHARE YOUR REPORTS.
  • YOU DECIDE WHEN YOUR REPORTS ARE UTILIZED – The only exception is when we are required to disclose due to a court order, administrative order or other governmental entity with subpoena power.

 

ToProovIt’s website (www.ToProovIt.com) is referred to herein as the “Website”.  The ToProovIt App and Website are collectively referred to herein as the “Services”.  The Services are provided to you by ToProovIt subject to this Terms of Service Access Agreement, which may be updated from time to time without notice to you.  where no notice may be provided to you.

 

The Services are made available to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you.  In the event that you do not agree with any part of this Agreement, then you are not to use the Services.

 

 

  1. THE SERVICES ToProovIt is evidence-gathering service which allows its users to aggregate data and information which may be used by you when you decide to provide the same to your manager(s), human resources department, family members, prospective legal counsel and legal counsel.  The report, including attached photos, may be used to refresh your memory during depositions, administrative hearings or court proceedings.  The Services are provided to assist the user, as limited herein, but comes with no warranty, affirmative representation, nor guarantee as to the ultimate results, settlement, judgment, or resolution of any claims(s).
  2. NOT A LAW FIRM. We are not law firm.  Though you may be able to contact an attorney through linking with or through the Services, ToProovIt is not a law firm and does not provide legal services or provide legal advice, nor is ToProovIt a legal referral service.  Attorneys may pay to advertise with and sponsor ToProovIt, which is broken down by state.  As a result, you do not have attorney-client communications with ToProovIt which would be privileged.  If you hire a law firm, your relationship with that firm is between you and the law firm.  In other words, ToProovIt is not an intermediary between you and your legal counsel.  You do not have an expectation of protected privilege by using the application.

 

  1. APPLE APP STORE and GOOGLE PLAY. In addition to this Agreement, the use of the Services is governed by the use agreements with Apple App Store, Apple Pay, Good Play Store and Android Pay, as applicable.

 

  1. RIGHT TO REJECT USER. ToProovIt is under no obligation to accept person as user and may terminate the use of any person by ToProovIt’s sole, final and non-reviewable discretion. 

 

  1. LAWFUL USE. You are to not use the Services for any illegal purpose including any fraudulent activity.  You are not to use the Services to reverse engineer the Services to create a competitive version of the Services.  Any such violation of this obligation and restriction shall be enforced in an appropriate forum.  The user’s use shall not infringe on the intellectual property rights of others, including copyright, trademark, service mark of any other party, including us.  The Services shall not be used for the defamation of any third party, record any obscenity nor be used to invade others privacy in violation of applicable law.  ToProovIt may contract, license or otherwise link to third-party service providers, including law firms, or third parties which may link to third-party service provided, including law firms; provided, however, that any such link shall be at the sole risk of the user.

 

  1. HACKING and IMPROPER USE. You shall not utilize the Services in an attempt to hack into the file of any party, nor shall you attempt to copy, reverse engineer or otherwise copy of the programming and code of the Services.  You shall not spread any virus or malware using the Services, nor shall you make any attempt to gain access to any account housed in the Services.  Notwithstanding any use permitted herein, you shall NOT, without the prior written consent of ToProovIt: 

                       Decompile, reverse engineer, disassemble, or create derivative works from the Services; 

                     2.  Hack into or otherwise access any file of any party which is part of the Services;

                     3.  Upload, post, e-mail, transmit, publish, re-publish, distribute or make available to others the Services;

                     4.  Remove any ToProovIt marks, including but not limited to all copyright, trademark and patent markings within the Services, nor shall you use the Services for any commercial or other purpose, including but not limited to, advertising, rental, lease, license and sale of the Services; 

                       5.  Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components from, or create derivative works of the Services.

  2. AGE RESTRICTIONS. The Services shall be available to person aged thirteen (13) years old and older.  If you are under eighteen (18) years old but over thirteen (13) years old, you shall have a parent or legal guardian review the agreement with the user.

 

  1. PASSWORDS. You shall keep your password confidential at all times.  You represent and warrant that if you suspect your password secrecy has been compromised, you shall use the change password function with the Services.

 

  1. INTELLECTUAL PROPERTY. The Services consists of and contains content which may be protected by applicable intellectual property laws, including trademarks, service marks, copyrights, logos, process patents (method patents) and other protected right (collectively, the “IP Rights”).  The IP rights may be owned by ToProovIt, Apple or Google under the laws of the United States and other jurisdictions.  You have no right to the IP rights and the use of the Services shall not grant you the license to use the IP Rights without the express written consent of the rights holder first having provided said consent.  The limitation in the immediately preceding sentence shall include but not be limited to any public performance, commercial use, posting on social media or other computer usage.  None of the IP Rights shall be retransmitted, copied or reproduced without the express written consent of the rights holder first having provided said consent.

 

  1. RIGHT TO TERMINATE SERVICE. We reserve the right to terminate the Services at any time in our sole, final and non-reviewable discretion, which shall be without reimbursement or refund of any amounts previously paid for the Services.

 

  1. USER-PROVIDED INFORMATION. In the event that you contact ToProovIt via email or any other means, ToProovIt shall have the right to utilize any content in said communication for the improvement of the Services, which shall be free from any pecuniary consideration to you.  You represent and warrant that any comments, suggestions and recommendations provided to ToProovIt by you regarding the Services are provided by you for the consideration of the possibility of the eventual improvement, marketing and management of the Services, the adequacy and sufficiency of which is recognized by you as appropriate and complete consideration.  You hereby grant to us the irrevocable, worldwide and royalty-free license to use, copy, distribute, perform, publish, license and publish derivative works from any user-provided information; provided, further, that we shall have the right to exploit such rights throughout the universe in any media and any form and for any purpose, now known and hereafter devised, from the beginning of time to the end of time.

 

  1. DISCLAIMER OF WARRANTIES. ToProovIt HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHICH WOULD OTHERWISE BE IMPLIED BY APPLICABLE LAW.  THE SERVICES ARE PROVIDED ON AN “AS-IS, WHERE-IS, AS-AVAILABLE, WHEN-AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS NOT COVERED BY ANY WARRANTY OF ANY KIND.  ToProovIt DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTIES’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE, WARRANTIES DERIVED FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR THE LIKE.  AS IT RELATES TO ANY WARRANTY, CLAIM FOR BREACH OF CONTRACT, OR TORT CLAIMS, WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES FROM LOST DATA, DAMAGES ARISING FROM THE LOSS OF A LEGAL ACTION DUE TO THE SERVICES, LOSSES FROM THE INTERRUPTION OF BUSINESS ACTIVITIES DUE THE FAILURE TO BE ABLE TO ACCESS THE SERVICES; PROVIDED, FURTHER, WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES THAT YOU MAY HAVE SUFFERED DUE TO THE USE OF THE SERVICES, WHICH SHALL BE LIMITED SOLELY TO THE PAYMENT(S) YOU HAVE MADE TO US FOR THE SERVICES DURING THE SIX MONTHS PRECEDING THE TRIGGERING OF THE CLAIM WHICH YOU MAY BRING.  THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN MAY NOT APPLY (FULLY OR PARTIALLY) IN SOME STATES, AS SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES. 

 

  1. THIRD-PARTY LINKS. The Services may have certain links to third-party sites and services which are provided to you for your convenience.  You understand that these links are provided for your convenience and such links do not mean that we endorse, warrant or guaranty the services and products which are provided through such links.  We are not responsible for the content and accuracy of such linked sites.  All use of third-party links are done at your own risk.

 

  1. INDEMNIFICATION, DEFEND and HOLD HARMLESS. You shall defend, indemnify, and hold us and our managers, members, officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, legal, accounting and professional fees, arising from, proximately caused or resulting from your breach of this Agreement or applicable law regarding the Services.  We shall provide notice to you of any such cause of action, demand, claim, suit, or proceeding and you shall, at your sole cost and expense, defend, indemnify and hold the parties set forth above harmless from any such cause of action, demand, claim, suit, or proceeding.  We shall have the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  At all times, you shall cooperate with us in any reasonable requests regarding your obligations in this Agreement.

 

  1. DIGITAL MILLENNIUM COPYRIGHT ACT. ToProovIt recognizes its obligations under applicable law including the Digital Millennium Copyright Act, as amended (the “DMCA”).  In the event that we receive notice that user content is made in violation of any applicable law, then ToProovIt will take reasonable steps to remove said content from the Services.  ToProovIt’s designated agent under the DMCA for any claim of infringement shall be (with no liability to ToProovIt):

 

ToProovIt, LLC

Managing Member
2565 East Perrin Avenue #112
Fresno, CA 93720

 

 

  1. TERMINATION OF THE AGREEMENT AND THE SERVICES. We shall have the sole, exclusive and non-reviewable right to suspend, alter and terminate this Agreement and the Services at any time with no prior notice to you, where such termination shall be with no liability to ToProovIt. If this Agreement is terminated, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,”  “Right to Terminate Agreement and Services,” “Indemnification, Defend and Hold Harmless,” “Binding Arbitration and Class Action Waiver,” “Choice of Law,” “Waivers,” and “Disclaimer of Warranties.”

 

  1. USAGE OF THE APPLE APP STORE and GOOGLE PLAY STORE. The following terms apply when you download the ToProovIt App from Apple’s App Store and the Google Play Store (collectively, the “App Store”). These terms are in addition to all other terms contained in the Agreement.
  2. You acknowledge and agree that (i) the Agreement is between you and ToProovIt only, and not Apple; and (ii) ToProovIt, not Apple, is solely responsible for the Apps and content thereof. Your use of the Apps must comply with the App Store Terms of Service.
  3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
  4. In the event of any failure of any of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the applicable App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between ToProovIt and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ToProovIt.
  5. You acknowledge that, in the event of any third-party claim that the Apps or your possession and use of an App infringes that third party’s intellectual property rights, as between ToProovIt and Apple, ToProovIt, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
  6. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Apps, and that, upon your acceptance of the terms and conditions of the Agreement, Apple, will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Apps against you as a third-party beneficiary thereof.

 

  1. CHOICE OF LAW. The Services are based in the United States.  We make no claims concerning the Services outside of the United States.  You shall be solely responsible for ensuring compliance with the laws of the state in which you reside. You expressly acknowledge and agree that this Agreement is formed in the State of California. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of California, without giving effect to its principles of conflicts of laws.

 

  1. WAIVER. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import including the expansion of reduction of any of the terms of a given section.

 

  1. SUCCESSORS. This Agreement shall inure to the benefit of ToProovIt’s successors, assignees, licensees and sublicensees.

 

  1. BINDING ARBITRATION and CLASS ACTION WAIVER. For any dispute arising from this Agreement or the Services (each shall be a “Dispute”), either party may elect to have each Dispute resolved through arbitration in accordance with the Federal Arbitration Act.  Any election to arbitrate shall be binding on the parties.  All parties agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there shall be no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.  You agree that you shall not bring claims against us as a plaintiff or class member.  IN THE EVENT THE PARTIES ENGAGE IN ARBITRATION, THEN THE RIGHT TO LITIGATE THE DISPUTE IN A COURT, HAVE A JURY TRIAL, RIGHTS OF DISCOVERY MAY BE LIMITED. 

 

  1. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.

 

  1. MODIFICATIONS. ToProovIt shall have at all times the right to modify this Agreement, the Services any policies affecting the Services at any time and at ToProovIt’s sole and non-reviewable discretion.  Any such modification shall be effective immediately or upon any date determined by ToProovIt.  Your continued access to the Services after any such modification shall be conclusively deemed an acceptance of all such modifications, regardless whether you have notice of such modifications. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision shall be for any change in the amount or type of fees associated with the Services is to terminate your subscription in accordance with this Agreement.

 

  1. SEVERABILITY. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other remaining terms and provisions of this Agreement, and all such  provisions shall not affected by such invalidity and, further, shall remain in full force and effect.

 

  1. WAIVER. The waiver by ToProovIt of any breach or default in any of the provisions of this Agreement by the user shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power, or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

 

COPYRIGHT 2024 TOPROOVIT, LLC. ALL RIGHTS RESERVED.

 

APPLE, THE APPLE LOGO, IPAD, AND IPHONE ARE TRADEMARKS OF APPLE INC., REGISTERED IN THE U.S. AND OTHER COUNTRIES. APP STORE IS A SERVICE MARK OF APPLE INC.

 

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