BY INSTALLING AND USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE APPLICATION AND MUST MAKE SURE IT IS DELETED FROM YOUR MOBILE DEVICE.
- The Service; License Grant. The service described in this Agreement (â€œServiceâ€) enables you to use the Application to obtain information about the availability of your benefit payment(s). After we receive your inquiry, we will provide you with an electronic response informing you of its status. Subject to the terms of this Agreement, iStream grants you a limited, non-exclusive and nontransferable license to: (a) install and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation and this Agreement; and (b) use on such Mobile Device the Service made available in or otherwise accessible through the Application, strictly in accordance with the terms and conditions applicable to the Service as set forth below in Section 5 and elsewhere in this Agreement.
- License Restrictions. The License restrictions for the Applications do not permit you to do any of the following: (a) copy the Application; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application; or (g) use the Application in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.
- Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. iStream and if applicable, its licensors and service providers, reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Terms and Conditions for Use of the Service. In addition to other terms and conditions specified elsewhere in this Agreement, the following are additional terms, conditions and related information applicable to your use of the Service:
(a) Fees. We do not currently charge any fee for your use of the Service, however, if a fee is established in the future, you will receive prior notice. Even though we do not charge a fee to check on the status of your benefit payment, there may be other agreements that you have with us, or with the store at which you pick up your benefit payment, or with others that have established a fee for their products and services. We have no control over those fees and you will still be responsible for payment of their fees. In addition, when you use your Mobile Device to access the Service, message and data rates may apply, so check with your carrier plan for details.
(b) Security Procedures. You or any individual that you authorize to access the Service to obtain your benefit payment information shall do so by entering one or more unique identifiers that may be required (collectively referred to as “Security Credentials”). Any unique identifier must comply with our established requirements or you will not be able to access the Service. Security Credentials must be kept private and are not to be shared with others. From time to time, we may require you to use additional security and authentication procedures, and you will be notified if you need to do so.
(c) Securing Your Mobile Device. It is your responsibility to properly secure the Mobile Device and any other hardware that you use in connection with the Service. This includes, but is not limited to, securing your Mobile Device and hardware with confidential user names, passwords and/or other security measures to help prevent unauthorized use.
(d) Third Parties and You. It is agreed by you that the terms and conditions of this Agreement do not amend or supersede any terms and conditions in other agreements you may have with third parties, such as the store where you pick up your benefit payment or your Mobile Device carrier. Those agreements may, however, impact your ongoing use of the Service, and you are solely responsible for any and all fees, service charges, limitations and restrictions contained in other third party agreements. The third party is solely responsible for its respective products and services and you agree to resolve any related problems directly with that third party without involving us.
(e) Electronic Access to the Service. We bear no responsibility, whatsoever, for the operation, security, functionality or availability of any device, method, network, etc. that you use to access the Services. Such responsibilities are yours alone. You understand and agree that the Service may not be accessible in a number of circumstances, including over some mobile networks, in some locations, in the event of third party failures, etc.
(f) Your Representations and Warranties. You acknowledge the following and make these representations and warranties to iStream: Any failure to protect your Mobile Device, hardware and Security Credentials can allow an unauthorized person to access your Service information. All access to the Service using your Security Credentials will be deemed authorized by you and all actions using this access will be binding on you. In connection with the Service, you assume all risk for any fraudulent or unauthorized use of your Security Credentials. You agree to (i) exercise responsible behavior when using the Service, (ii) follow the instructions and requirements that we will provide you with respect to the Service and (iii) use maximum caution in protecting your Mobile Device, hardware and Security Credentials from unauthorized access.
- Geographic Restrictions. The Service is based in the state of Wisconsin and shall be accessed and used only by persons located in the United States. You acknowledge that you may not be able to access all or part of the Service outside of the United States, and that access thereto may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you are solely responsible for compliance with all applicable laws in that foreign location.
- Updates. iStream may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that iStream has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet, you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
- Third Party Materials. The Application may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that iStream is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. iStream does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely by others and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Term and Termination. (a) The term of this Agreement commences when you install the Application and acknowledge your acceptance, and will continue in effect until terminated by you or iStream as set forth in this Section 9. (b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. (c) iStream may terminate this Agreement immediately or at any time for any reason, and without prior notice, including if it ceases to support the Application (which iStream may do in its sole discretion), if you cease to have an active account, if you violate any of the terms and conditions of this Agreement, or for any other reason in iStream’s sole discretion. (d) Upon termination, (i) all rights granted to you under this Agreement will also terminate, and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device. Termination will not limit any of iStream’s rights or remedies at law or in equity.
- Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, iSTREAM, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ISTREAM PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. To the fullest extent permitted by applicable law, in no event will iStream or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Application or the Services for: (a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages; and (b) direct damages in amounts that in the aggregate exceed the amount actually paid by you for the Application. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or you were advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
- Indemnification. You agree to indemnify, defend and hold harmless iStream and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that iStream assumes no responsibility for the content you submit or make available through this Application.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in a federal or state court located in either the county of Milwaukee or Waukesha in the State of Wisconsin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation of Time to File Claims. You expressly agree that any claim or cause of action you may have arising out of or relating to this Agreement, the Application or the Service must be commenced within one (1) year after the claim or cause of action accrues, or such claim or cause of action is permanently barred.
- Waiver. No failure or delay to exercise, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any other agreement, the terms of this Agreement shall supersede as to the subject matter hereof.