End User License Agreement
This End User License Agreement ("Agreement") is a binding agreement between
you and Globe Life & Accident Insurance Company (the "Company"). This
Agreement governs your use of the Company’s Child Safe Kit (including all related
documentation, the "Application").
BY DOWNLOADING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACCEPT THIS AGREEMENT
AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (D) CONSENT TO THE COLLECTION, USE,
DISCLOSURE AND TRANSFER OF INFORMATION AS DESCRIBED IN THE PRIVACY POLICY REFERENCED BELOW,
WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT
DOWNLOAD THE APPLICATION.
1. License Grant. Subject to the terms of this Agreement, the Company grants you a
limited, non-exclusive, and nontransferable license to download, install, and use the
Application for your personal, non-commercial use on a single mobile device owned or
otherwise controlled by you ("Mobile Device").
2. License Restrictions. You shall not:
(a) copy the Application, except as expressly permitted by this license;
(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, service mark, logo,
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; or
(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.
3. 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. The Company, its affiliates and its licensors and
service providers reserve and shall retain their entire right, title, and interest in and to
the Application, including all copyrights, trademarks, service marks, logos and other
intellectual property rights therein or relating thereto, except as expressly granted to you
in this Agreement.
4. Collection, Use and Sharing of Your Information. You acknowledge that when you
download, install, or use the Application, the Company and its affiliates may use automatic
means (including, for example, cookies and web beacons) to collect information about your
Mobile Device and about your use of the Application. You also may be required to provide
certain information as a condition to downloading, installing, or using the Application or
certain of its features or functionality, and the Application may provide you with
opportunities to share information about yourself with others. All information we collect
through or in connection with this Application is subject to our Privacy Policy, which can
be found at https://www.childsafekit.com/Home/Privacy. By downloading, installing,
using, and providing information to or through this Application, you consent to all actions
taken by us with respect to your information in compliance with the Privacy Policy and this
Agreement. Additionally, as with any Mobile Device, information on your Mobile Device and
within the Application may be accessed by anyone in possession of your Mobile Device. If you
download the Application, you will decide which information to supply to the Application,
which may include your child's name, photos, or fingerprints, as well as other information
about you and your child. Access to this information is granted to anyone who has access to
your Mobile Device and anyone with which you choose to share a Child Profile. Accordingly,
the Company urges you to protect the security of your Child Profile(s) by safeguarding your
Mobile Device. Only share a Child Profile or provide access to your Mobile Device to persons
or entities with a legitimate need to access such information. If you elect to share a Child
Profile with a third party by using the "Child Profile Share" feature, you consent to your
child's name, photos, fingerprints, and other information being shared with any third
parties you select. Remember that shared information may be used and re-shared by others so
please use the Application carefully. The Company and its affiliates have no responsibility
regarding your choices to share information using the Application.
5. Geographic Restrictions. The Application is based in the United States and provided
for access and use only by persons located in the United States. You acknowledge that you
may not be able to access all or some of the content and services outside of the United
States and that access thereto may not be legal by certain persons or in certain countries.
If you access the Application from outside the United States, you are responsible for
complying with local laws.
6. Coverage Technical Limitations. Functionality of the Application may be subject to
certain Mobile Device and compatibility limitations, including memory, storage, network
availability, coverage, accessibility and data conversion limitations. Actual network speeds
depend upon device characteristics, network, network availability and coverage levels,
tasks, file characteristics, applications and other factors. Performance may be impacted by
transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
7. Updates. The Company may from time to time in its sole discretion develop and
provide Application updates, which may include upgrades, bug fixes, patches, 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 the Company 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 either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates. You 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.
8. Term and Termination.
(a) The term of this Agreement commences when you download the Application and will continue
in effect until terminated by you or the Company as set forth in this Section 8.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from
your Mobile Device.
(c) The Company may terminate this Agreement at any time without notice if it ceases to
support the Application, which the Company may do in its sole discretion. In addition, this
Agreement will terminate immediately and automatically without any notice if you violate any
of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate;
(ii) you must cease all use of the Application and delete all copies of the Application from
your Mobile Device and account; and
(iii) your access to all information, details, files or other content associated with,
submitted to, or contained in the Application may be deleted or otherwise be inaccessible to
you and the Company and its affiliates shall not be liable for any discontinuation,
termination, or suspension of your access to the Application, and any results thereof or
losses incurred thereby.
(e) Termination will not limit any of the Company’s or its affiliates’ rights or remedies at
law or in equity.
9. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU "AS IS" AND "AS
AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED UNDER LAW, THE COMPANY, 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, THE COMPANY AND ITS AFFILIATES PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE 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.
10. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE
APPLICATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL
THE COMPANY OR ITS AFFILIATES, (INCLUDING, BUT NOT LIMITED TO, AMERICAN INCOME LIFE
INSURANCE COMPANY, FAMILY HERITAGE LIFE INSURANCE COMPANY OF AMERICA, GLOBE LIFE INSURANCE
COMPANY OF NEW YORK, LIBERTY NATIONAL LIFE INSURANCE COMPANY, NATIONAL INCOME LIFE INSURANCE
COMPANY, AND UNITED AMERICAN INSURANCE COMPANY, AS WELL AS ANY COMPANIES ACQUIRED
SUBSEQUENTLY BY THE COMPANY, ANY OF ITS AFFILIATED INSURANCE COMPANIES, OR THEIR RESPECTIVE
PARENT COMPANY) OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY
LIABILITY FOR, AND YOU HEREBY RELEASE THE FOREGOING FOR ANY LIABILITY FROM, ANY DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING ANY
PERSONAL INJURY, PROPERTY DAMAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA ARISING FROM
OR RELATED TO THE APPLICATION OR YOUR USE OF OR INABILITY TO USE THE APPLICATION, AND
WHETHER CHARACTERIZED IN WARRANTY, TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHER THEORY OF
LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN
ANY OF THE DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED
REMEDY.
If you are a California resident, you waive California Civil Code § 1542, which says: "A
general release does not extend to claims which the creditor does not know or suspect to
exist in his or her favor at the time of executing the release, which if known by him or her
must have materially affected his settlement with the debtor." You acknowledge that your
sole and exclusive remedy for any dispute with the Company or its affiliates is to
discontinue your use of the Application. If any portion of this Section is held to be
unenforceable, then the Company's and its affiliates' liability will be limited to the
fullest extent permitted by applicable law.
11. Indemnification. You agree to indemnify, defend, and hold harmless the Company,
its affiliates, and each of their 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 attorneys' fees, arising from or relating to
your use, access to, or misuse of the Application or your breach of this Agreement,
including but not limited to the content you submit or make available through this
Application. This obligation will survive this Agreement.
12. Compliance with Law. The Company and its affiliates make no claims concerning
whether the Application may be downloaded, viewed, or be appropriate for use outside of the
United States. If you access the Application from outside of the United States, you do so at
your own risk. Whether you reside inside or outside of the United States, you are solely
responsible for ensuring compliance with the laws of your specific jurisdiction.
13. 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.
14. Governing Law. This Agreement is governed by and construed in accordance with the
internal laws of the State of Texas 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 the federal courts of the
United States or the courts of the State of Texas in each case located in Collin County. You
waive any and all objections to the exercise of jurisdiction over you by such courts and to
venue in such courts.
15. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
16. Changes to this Agreement. The Company reserves the right, in its sole discretion,
to revise this Agreement and its Privacy Policy, and to supplement them with any other
policies or rules at any time. You agree to be bound by any such revised End User License
Agreement or Privacy Policy and any other policies or rules it implements. Your continued
use of this Application is conditioned upon your acceptance of the revised Agreement. If at
any point you do not agree to any of the terms or conditions contained in the then-current
version of this Agreement or the Privacy Policy, or any other terms or conditions, policies
or rules related to your use of the Application, you must stop using the Application and
delete the Application from your Mobile Device.
17. Entire Agreement. This Agreement and our Privacy Policy constitute the entire
agreement between you and the Company with respect to the Application and supersede all
prior or contemporaneous understandings and agreements, whether written or oral, with
respect to the Application.
18. Waiver. No failure to exercise, and no delay in exercising, 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.