These Terms of Service ("Terms") are entered into between (i) the registering end user ("you", "your") and (ii) Phunware ("Phunware","we","us","our"). These Terms set forth the terms and conditions governing your use of:
- (i) the services made available via this website, including the third-party services that are linked to this website (the "Portal Applications");
- (ii) the Verizon Concierge FiOS TV Widget ("Verizon Concierge Widget") as part of the FiOS TV service offered by Verizon s In through its affiliates (Verizon Communications Inc. and its affiliates, collectively, "Verizon"); and
- (iii) the Verizon Concierge Mobile Applications, whether for Android, iOS Blackberry or other mobile operating system ("Verizon Concierge Mobile Apps").
By clicking "I Agree", or continuing to use the Verizon Concierge Widget, Verizon Concierge Mobile Apps, or the Portal Applications, YOU AGREE TO BE BOUND BY THESE TERMS. The Verizon Concierge Widget, Verizon Concierge Mobile Apps, and the Portal Applications are sometimes collectively referred to herein as the "Verizon-Branded Access Points"). You also acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into these Terms. Your use of the Verizon Concierge Widget will also be subject to the FIOS TV Terms of Service, available at www.verizon.com/terms.
THIRD PARTY SERVICES - THE PRODUCTS AND SERVICES ENABLED BY THE VERIZON-BRANDED ACCESS POINTS ARE PROVIDED BY PHUNWARE, ITS SUPPLIERS OR SERVICE PROVIDERS, OR, IF APPLICABLE, THE MANAGEMENT OF YOUR COMMUNITY. VERIZON DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, SUCH PRODUCTS OR SERVICES.
Other services may be added to the Verizon-Branded Access Points in the future; any additional terms with respect to such new services will be delivered via appropriate areas of the Verizon-Branded Access Points. You understand and agree that Verizon has no control over networks or web-based resources provided by the Phunware Service Providers that you may access in the course of your use of the Verizon-Branded Access Points. The inclusion of any web resources or content from Phunware Service Providers within the Verizon-Branded Access Points does not imply endorsement of such resources or content by Verizon. In no event shall Verizon or be liable to anyone for any damage arising from or caused, directly or indirectly, by the use of any Phunware Service Providers' resources using any Verizon-Branded Access Points, or the information or material accessed thereby. Access to any of the Phunware Service Providers' web-based resources used by or linked to from any of the Verizon-Branded Access Points is solely governed by the terms and policies applicable to third party web-based resources, and not these Terms. Accordingly, you agree that you are solely responsible for reviewing, accepting and complying with each of the terms of service applicable to the providers of such third party web-based resources, located at such providers' websites as listed below:
By using the features of the Verizon-Branded Access Points that enable services or service delivery by these respective Phunware Service Providers, you may be accepting any updated terms of service and other policies that such Phunware Service Providers have implemented at the time of such use. Additional Phunware Service Providers may be added to the Verizon-Branded Access Points at later dates. The ability to use any or all Phunware Service Provider services may be removed from the Verizon-Branded Access Points at any time, without liability to you.
REGISTRATION; USER ACCOUNT - For all Verizon-Branded Access Points, you are required to establish and/or maintain an account with Phunware. You are responsible for all use of the Verizon-Branded Access Points under your associated accounts, whether by you or someone using your account with or without your permission, and to pay for all activity associated with your account, including any fees or charges payable to Phunware Service Providers. You agree to comply with all applicable laws, regulations and rules regarding your use of the Verizon-Branded Access Points and to only use the Verizon-Branded Access Points within the United States (unless otherwise permitted by this Agreement). You agree that the supervision of use of the Verizon-Branded Access Points by children is your responsibility and that you agree promptly to notify Phunware whenever your personal or billing information changes. You agree that you are solely responsible for maintaining the security of your computer(s) and data, including without limitation, protection of your User ID, password, and personal and other data.
3RD PARTY CONTENT - We cannot guarantee access data or information from any third party made available through the Verizon-Branded Access Points. In addition, we do not make any guarantees or warranties as to the accuracy of any data or information obtained from any third party and made available through the Verizon-Branded Access Points.
3RD PARTY PURCHASES - You agree to not hold Phunware liable for any direct, incidental or consequential damages resulting from an order placed through the Verizon-Branded Access Points. You agree to discuss and mediate all issues arising from purchases made from a 3rd party using any of the Verizon-Branded Access Points with the applicable 3rd party directly.
APPLICABLE CONVENIENCE FEES - You agree that by using Verizon-Branded Access Points, that some features of the Verizon-Branded Access Points may cause you to incur convenience fees. You agree that these fees are non-refundable unless made in error. All refunds are the sole responsibility of Phunware and/or its third party service providers with respect to which such charges are applicable.
TRADEMARKS - All Software Logos, Trademarks, Service Marks or other protected material appearing in the course of using any of the Verizon-Branded Access Points are the intellectual property of their respective owners.
PRIVACY - You understand and agree that that Phunware, and not Verizon, is responsible for the authentication and security features of the Verizon-Branded Access Points, and that all account, login, payment, username, password, and other authentication information or personally identifiable information submitted by you and/or collected through the using any of the Verizon-Branded Access Points shall be governed solely by Phunware's privacy policies (or where applicable, a Phunware Service Provider's privacy policies) and that, as between Verizon and Phunware, any unauthorized use of such information resulting from the use of any of the Verizon-Branded Access Points is Phunware's sole responsibility.
LIMITED WARRANTY - The Verizon-Branded Access Points are provided for use "as is" without any warranty as to their performance or fitness for any particular purpose. The end user assumes the entire risk as to the quality and performance of the Verizon-Branded Access Points. In no event shall Phunware, Verizon or any other party involved in the creation, development, production, or delivery of the Verizon-Branded Access Points be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of any of the Verizon-Branded Access Points.
NO VERIZON SUPPORT - You understand and agree that Verizon is not responsible for supporting the use any of the Verizon-Branded Access Points or for any service obligations regarding the use any of the Verizon-Branded Access Points. Phunware and/or its third party service providers are responsible for any and all end user support for the Verizon-Branded Access Points.
VERIZON DISCLAIMER - YOU UNDERSTAND AND AGREE THAT PHUNWARE, AND NOT VERIZON, IS RESPONSIBLE FOR ALL CONTENT, FEATURES AND FUNCTIONALITY OF THE VERIZON-BRANDED ACCESS POINTS, AND VERIZON IS NOT RESPONSIBLE FOR ANY CLAIMS (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS, PRODUCT LIABILITY CLAIMS, AND CLAIMS UNDER CONSUMER PROTECTION OR SIMILAR LAWS) RELATING TO THE VERIZON-BRANDED ACCESS POINTS OR YOUR USE THEREOF, INCLUDING THE DEFENSE, SETTLEMENT, AND RESOLUTION OF SUCH CLAIMS.
YOU AGREE THAT IN NO EVENT WILL VERIZON BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR STATUTORY DAMAGES OF ANY KIND ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF THE VERIZON-BRANDED ACCESS POINTS, INCLUDING, BUT NOT LIMITED TO, LOST DATA, REVENUES, BUSINESS OR PROFITS, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IN SUCH JURISDICTIONS THE ABOVE LIMITATION MAY NOT APPLY OR MAY BE LIMITED.
YOU EXPRESSLY AGREE THAT VERIZON SHALL BE A THIRD PARTY BENEFICIARY WITH RESPECT TO THESE TERMS INCLUDING, WITHOUT LIMITATION, THE LIABILITY LIMITATIONS ABOVE, AND MAY ENFORCE THESE TERMS DIRECTLY AGAINST YOU.
SEVERABILITY - If any term or other provision of these Terms is deemed by a final court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms, conditions and provisions of these Terms shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court shall modify only the affected term, condition or provision to effect the original intent of the parties as closely as possible.
ENTIRE AGREEMENT; CHANGES TO TERMS - These Terms represent the entire understanding between you and Phunware regarding your relationship with the Phunware and supersedes any prior statements or representations. We reserve the right to change the Terms at any time. If we make any change to the Terms, we will post those changes on this website, or any other appropriate area within the applicable Verizon-Branded Access Points, and they will become effective upon the later of 1) the date specified by us, if any, or 2) the date of posting. By accessing the applicable Verizon-Branded Access Points after changes to the Terms become effective, you agree to be legally bound and to abide by the amended Terms.