SHAKEITUP TECH SOFTWARE END USER LICENSE AGREEMENT
Thank you for selecting the Software offered by ShakeItUp™ Tech. and/or its subsidiaries and affiliates (referred to as “ShakeItUp,” “we,” “our,” or “us”). Review these license terms (“Agreement”) thoroughly. This Agreement is a legal agreement between you and ShakeItUp™ Tech. By clicking “I Agree,” indicating acceptance electronically, or by installing, accessing or using the Software, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Software.
1.1 This Agreement describes the terms governing your use of the ShakeItUp™ Software including Content (defined below), updates and new releases (collectively, the “Software”). This Agreement includes by reference:
- ShakeItUp™ ‘s Privacy Statement Additional terms and conditions, which may include those from third parties; and
- Any terms provided separately to you for the Software, including product or program terms, ordering, promotional terms, activation, payment terms, etc.
2. LICENSE GRANT AND RESTRICTIONS
2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and ShakeItUp™ reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, ShakeItUp™ grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with ShakeItUp™ ’s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by ShakeItUp™ for the Software.
2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give the Software or any part of the Software to any third party;
- Reproduce, duplicate, modify, copy, sell, trade, lease, rent or resell the Software;
- Transfer your license to the Software to any other party;
- Attempt unauthorized access to any other ShakeItUp™ systems that are not part of the Software;
- Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement;
- Decompile, disassemble, or reverse engineer the Software.
- Make the Software available on any file-sharing or application hosting service.
3. PAYMENT. For Software licensed on a payment or subscription basis, the following terms apply, unless ShakeItUp™ notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Software:
a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Software.
b. You must pay with one of the following:
- A valid credit card acceptable to ShakeItUp™ ;
- A valid debit card acceptable to ShakeItUp™ ;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option ShakeItUp™ provides to you in writing.
c. If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, terminate your license and refuse any further use of the Software.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. ShakeItUp™ will automatically renew your per project, monthly, quarterly, or annual subscription at the then-current rates, unless the Software license or subscription is cancelled or terminated under this Agreement.
f. Additional cancellation or renewal terms may be provided to you on the website for the Software.
4. YOUR PERSONAL INFORMATION. You can view ShakeItUp™ ’s Privacy Statement provided with the Software and on the website for the Software. You agree to the applicable ShakeItUp™ Privacy Statement, and any changes published by ShakeItUp™ . You agree that ShakeItUp™ may use and maintain your data according to the ShakeItUp™ Privacy Statement, as part of the Software. This means that ShakeItUp™ may use your data to improve the Software or to design promotions and to develop new products or services.
5. CONTENT AND USE OF THE SOFTWARE
5.1 Responsibility for Content and Use of the Software. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant ShakeItUp™ a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. ShakeItUp™ is not responsible for any of your Content that you submit through the Services.
You agree not to use the Software, nor permit any third party to use, the Software to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
a. Illegal, fraudulent defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
c. Except as permitted by ShakeItUp™ in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
d. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
e. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
5.2 Restricted Use of the Services. You shall not, and shall not permit any users of the Software or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of ShakeItUp™ or our software tool(s), could subject ShakeItUp™ to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Software or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Software or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in ShakeItUp™ ’s opinion, is prohibited under this Agreement; (v) any other activity that places ShakeItUp™ in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of any ShakeItUp™ system or network or to breach ShakeItUp™ ’s security or authentication measures, whether by passive or intrusive techniques. ShakeItUp™ reserves the right to not authorize and may terminate your use of the Software based on reasonable suspicion of your
activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
5.3 Community forums. The Software may include a community forum or other social features to exchange Content and information with other users of the Software and the public. ShakeItUp™ does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which ShakeItUp™ is not responsible.
5.4 ShakeItUp™ may freely use feedback you provide. You agree that ShakeItUp™ may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant ShakeItUp™ a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to ShakeItUp™ in any way.
5.5 ShakeItUp™ may monitor your Content. ShakeItUp™ may, but has no obligation to, monitor access to or use of the Content through the Software or to review or edit any Content for the purpose of the Software, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect ShakeItUp™ or its customers, or operate the Software properly. ShakeItUp™ , in its sole discretion, may refuse to post, remove, or disable Content, in whole or in part, that is alleged to be or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
6. ADDITIONAL TERMS
6.1 ShakeItUp™ does not give professional advice. Unless specifically included with the Software, ShakeItUp™ is not in the business of providing legal, financial, accounting, tax, energy efficiency, safety, code compliance, program compliance, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
6.2 We may tell you about other ShakeItUp™ and ShakeItUp™ Affiliate Services. You may be offered other services, products, or promotions by ShakeItUp™ or by companies affiliated with ShakeItUp™ (“ShakeItUp™ Services”). Additional terms and conditions and fees may apply. With some ShakeItUp™ Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant ShakeItUp™ permission to use information about your business and experience to help us to provide the ShakeItUp™ Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Software.
6.3 Communications. ShakeItUp™ may be required by law to send you communications about the Software or third party products. You agree that ShakeItUp™ may send these communications to you via email or by posting them on our websites.
6.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software and to contact ShakeItUp™ If you become aware of any unauthorized access to your account. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Software. You agree to receive these updates.
7. DISCLAIMER OF WARRANTIES
7.1 YOUR USE OF THE SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAKEITUP, ITS AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. SHAKEITUP AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
7.2 SHAKEITUP, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY PROGRAMS OR LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
8. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SHAKEITUP, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, SHAKEITUP, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SHAKEITUP SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF SHAKEITUP AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SHAKEITUP, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.
You agree to indemnify and hold ShakeItUp™ and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as “Claims”). ShakeItUp™ reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by ShakeItUp™ in the defense of any Claims.
9. CHANGES. We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Software or on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Software indicates your agreement to the modifications.
10. TERMINATION. ShakeItUp™ may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend your license and access to the Software, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Software violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Software or systems and comply with applicable ShakeItUp™ policy, if you no longer agree to receive electronic communications, or if your use of the Software conflicts with ShakeItUp™ ’s interests or those of another user of the Software. Upon ShakeItUp™ ’s notice that your use of the Software has been terminated you must immediately stop using the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect ShakeItUp™ ’s rights to any payments due to it. ShakeItUp™ may terminate a free account at any time. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.
11. EXPORT RESTRICTIONS. You acknowledge that the Software, its related website, online services, and other ShakeItUp™ Services, including the mobile application, delivered by ShakeItUp™ are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations, and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws and regulations, directly or indirectly.
12. GOVERNING LAW. Missouri state law governs this Agreement without regard to its conflicts of laws provisions.
13. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SOFTWARE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Missouri law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND SHAKEITUP ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to ShakeItUp™ Tech., in care of our Compliance Officer at 11601 Orchard Road, Kansas City, MO 64134. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Jackson County, Missouri or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 13 shall survive expiration, termination or rescission of this Agreement.
14. GENERAL. This Agreement, including the Additional Terms below is the entire agreement between you and ShakeItUp™ regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of ShakeItUp™ . However, ShakeItUp™ may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by ShakeItUp™ or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact ShakeItUp™ via an email to: transfer_license@ShakeItUpTech.com.
ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE
Your license to use the Software provided by ShakeItUp™ is subject to the General End User License Agreement terms above and the Additional Terms and Conditions which govern your use of the Software indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General End User License Agreement terms above.
Capitalized terms not otherwise defined below have the meanings provided in the General End User License Agreement.
SHAKEITUP REMCHECK SOFTWARE (“REMCHECK”)
1. Products and Services Covered. In addition to the REMCheck Portal, uploads, team and program management and energy model self-check software (“REMCheck”), the term “Software” as used in this Agreement includes: (i) the REMCollect mobile data collection service that you will be presented with an opportunity to use if you select certain versions of the Software, (ii) the Software’s related internet–based components, and (iii) any updates or maintenance releases that we may provide or make available for the Software. This Agreement also includes certain special provisions and disclosures relating to services provided by Third Party providers. Those provisions include use of your bank account information to permit your bank account to be debited in certain circumstances. Some Software and Services may be accompanied by, and will be subject to, additional terms.
2. Supplemental License Grant and Restrictions. In addition to the General License Grant you may: (I) access and use a copy of the Software on one or more computers or mobile devices with access to the Internet; (ii) use the Software only as described below; (iii) make any backup copies of the data, models, photos and pdfs housed within the system which are accessible to your login through the system to use as permitted under this license grant; and (iv) any software that is delivered by electronic transmission (regardless of whether a replacement copy is ordered) shall be deemed delivered on the date that ShakeItUp™ makes such program available for use through the software site or available by download.
If through your use of the Software version you selected, your energy program or modeling requires the features of another version, you may be required to discontinue use of your current Software version and upgrade at an additional cost.
Additional Restrictions. You are not licensed or permitted under this Agreement to do any of the following: (1) allow any person who is not properly registered to use the Software; (2) rent, loan, resell, distribute, or redistribute the Software to any other person or entity; (3) make the Software available on any file-sharing or application hosting service; (4) electronically send the Software to any other person; (5) copy the
printed materials or user documentation accompanying the Software other than as necessary to support the uses permitted above. Any person who received the Software through any of the forgoing prohibited methods, or through any method other than registering a license for this Software through a ShakeItUp™ owned website, is not authorized to use such Software.
You agree to register as a licensee of the Software (unless you obtained the Software directly from ShakeItUp™ ) so ShakeItUp™ can notify you of updates or corrections to the Software and to obtain the benefit of any warranties or guarantees given or made by ShakeItUp™ with respect to the Software or ShakeItUp™ Services. In this regard, you agree to keep ShakeItUp™ apprised promptly of any change in your email address, mailing address and/or phone number so ShakeItUp™ can notify you of such updates or corrections. Additionally, the makers of the energy modeling software may release certain new versions and maintenance releases of their software after the Software is made available. To ensure that you have the most up-to-date information and final approved self-check and use abilities, you must update your copy of the Software and mobile data collection tool using its “Check for Updates” feature before upgrading to a new version of the energy modeling software. Certain versions of energy models may not be able to be processed through the Software and a delay should be expected between the time a new energy modeling software release is made public and the time the Software will be responsive to that new release.
3. Privacy and Use of Personal and Uploaded Information. At ShakeItUp™ we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your work products and information to us. Our full ShakeItUp™ Privacy Statement can be found at: https://remcheck.com/includes/privacy.php. If you have questions or complaints regarding our Privacy Statement or practices, please contact us by email at Privacy@ShakeItUpTech.com or write to us at: Privacy Team, ShakeItUp™ Tech, 11601 Orchard Road, Kansas City, MO 64134.
You understand and agree that the Software may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of REMCheck, often referred to as “multi-factor authentication” (“MFA”). Part of the MFA identity authentication and verification process may involve ShakeItUp™ sending text message(s) containing security code(s) to your mobile phone number. You agree to receive these text message(s) from ShakeItUp™ containing security code(s) as part of the MFA process and understand you are solely responsible for any fees (including message and data rates) as well as the terms of your agreement with your mobile device and telecommunications provider.
USE OF YOUR REMCHECK DATA. REMCheck is an Internet based website product. When you are connected to the Internet on the REMCheck website or the REMCollect mobile tool, we may deliver product updates, message service information, and help content. With your consent obtained within REMCheck, we may also collect data about your use of the Software, your computer, its operating system, application software, and any peripheral hardware. This data helps us determine where the Software is most effective and what ShakeItUp™ services help you manage your models and team activities most effectively. In addition, if you elect to use online products such as REMCollect, data will be collected and used in accordance with ShakeItUp™ ’s Privacy Statement. You give ShakeItUp™ permission to combine any of this identifiable and non-identifiable information with that of other users of the Software and/or other ShakeItUp™ services. For example, this means that ShakeItUp™ may use your and other users’ data to improve the Software in future releases or design promotions and provide ways for you to compare your use of the tools with other users.
From time to time in the Software, you may be presented with information about Services or other opportunities that may interest you. You agree that each affirmative indication of further interest by you (including, but not limited to, entering your name, clicking on a “continue,” “yes,” “show me more,” or other such button in the Software), supplemented by the provisions of this Agreement and as otherwise required by law, shall constitute your separate written consent for ShakeItUp™ to use and display your program and model information in the Software to help you better understand that Service or opportunity. Each such consent shall be limited to its stated purpose. You also agree that your acceptance of a third party payment Service Agreement authorizes the sharing of the bank account information you provide to the provider and authorizes ShakeItUp™ to debit your bank account for fees, charges, and any applicable taxes owed to ShakeItUp™ .
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files (Internet access required), and not permitting third party physical or electronic access to your computer or files.
4. Limited Warranty. All warranties or guarantees given or made by ShakeItUp™ with respect to the Software or ShakeItUp™ Services (1) are solely for the benefit of you as the registered user of the Software and are not transferable, and (2) shall be null and void if you breach any term or condition of this Agreement.
5. ShakeItUp™ Services. ShakeItUp™ may provide the following or additional Services. You are responsible for providing, at your expense, any access to the Internet and any required equipment. ShakeItUp™ may at any time change or discontinue any aspect, availability or feature of the Services.
REMCollect Mobile Data Collection. If you choose to utilize the REMCollect tool for data collection, ShakeItUp™ will transmit the data to the associated REMCheck project when the synchronization option is selected. Additionally, ShakeItUp™ will store your collected data on your mobile device and then delete that data from your mobile device following the synchronization option. You are responsible for verifying the status of your data to confirm that it has been received and loaded completely and correctly to the REMCheck portal and, if necessary, for re-attempting to synchronize or for loading it manually in the event that the electronic synchronization failed in any way.
The REMCollect data stored on your mobile device is stored separately from any other data and/or photos on your device. The REMCollect tool only accesses the internal mobile device databases that it has generated and utilized and does not access or read any other information on your phone with the exception of device information (operating system, browser version, geo-location data, etc.) only as required to perform user requested functions. The REMCollect system, at the request of the user, will provide data to other phone applications such as the requested phone number for call completion, numeric data to the calculator for math calculations and address data for mapping and driving direction applications. You give ShakeItUp™ permission to store data within and remove data from your mobile device and to allow data sharing between your mobile device applications within the scope of the user requested functions. You may see the application cache details and delete the data at any time using your mobile device settings.
To facilitate off-line use of the REMCollect tool, ShakeItUp™ uses a cache manifest or other configuration to load images, scripts, HTML, stylesheets and other code and non-code items to the mobile device’s local storage. These items are considered proprietary and are covered under these same General and Supplemental Software Licenses. You agree not to download, decompile, copy or read, or attempt to download, decompile, copy or read these items and you expressly understand they are part of the Software owned by ShakeItUp™ and Licensed to you.
Help and Support. ShakeItUp™ may use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, email and phone) to provide technical support and customer service in connection with the Software and ShakeItUp™ Services. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as announced by ShakeItUp™ from time to time. If you choose to allow a ShakeItUp™ agent to have remote access to your computer via the Internet to provide help, you should close other browsers or applications or follow other instructions to enable such access. Consult the REMCheck Help and Support Web site (currently, https://remcheck.com/includes/support.php) for the most up-to-date information relating to this support and any associated charges, as well as updates to the Software.
Updates. Internet access is required to obtain updates to the REMCheck software. The REMCheck website will be automatically updated as required and you agree to accept these updates by logging in to the site. The REMCollect mobile app will be updated as dictated by the mobile browser chosen by the user. Some browsers will first use any cached images, scripts, data, etc. in an effort to ensure speed of processing. This can cause the user to be performing work on an outdated version of the Software. Refreshing the screen, logging out and back in, deleting the cache, closing the browser tab and relaunching the Software are all update methods you may need to perform to ensure you are using the latest version of the Software.
Other Services. You may be made aware of or offered services, features, products, applications, online communities, or promotions provided by ShakeItUp™ (“ShakeItUp™ Services”). If you decide to use ShakeItUp™ Services, you may be subject to additional terms and conditions governing these ShakeItUp™ Services and separate fees may apply. You acknowledge that in accessing certain ShakeItUp™ Services through the Software you may upload or enter certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant ShakeItUp™ permission to use information about your business and/or usage experience to enable us to provide the ShakeItUp™ Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services ShakeItUp™ may provide to you in the future. You also grant ShakeItUp™ permission to combine your business data, if any, with that of others in a way that does not identify you, your company or any individual personally to improve services and to compare business practices with other users. You also grant ShakeItUp™ permission to create, market or promote new ShakeItUp™ offerings based on your data.
6. ONLINE DATA STORAGE. You have the option to load data suggested by the Software to ShakeItUp™ ’s online servers (the Online Data Storage option) in order for ShakeItUp™ to provide you with access to your data across multiple, supported computing devices, if applicable, and in order for you to easily track your projects and program compliance status. Separate fees may apply. In order for you to utilize the Online Data Storage option, you must (i) have registered select, specified versions of the Software, and (ii) have Internet access. If you select the Online Data Storage option, your data will be transferred via the Internet to ShakeItUp™ ’s servers (the “Transferred Files”). You grant ShakeItUp™ permission to (i) host and maintain the Transferred Files and (ii) reformat and manipulate the Transferred Files as reasonably necessary for the data to function across multiple computing devices for the purpose of enabling you to start, continue, and complete your project or your program if you choose to do so.
ShakeItUp™ shall have the right, in its sole discretion and with reasonable notice posted on the REMCheck.com website and/or sent to you at your email address provided in product registration data, to revise, update, or otherwise modify the Online Data Storage feature and establish or change limits concerning use of the Online Data Storage feature, temporarily or permanently. ShakeItUp™ reserves the right to make any such changes effective immediately to maintain the security of the system or to comply with any laws or regulations, and to provide you with electronic or written notice within a reasonable period of time after such change. You may reject changes by discontinuing use of the Online Data Storage feature to which such changes relate.
7. Third Party Services. To facilitate Third Party Services, ShakeItUp™ may be required to obtain your explicit consent for disclosure and/or use of your information. By accepting these Third Party Services agreements and consents you authorize ShakeItUp™ to use and disclose your information, including name and address, to the third party, for the purpose of making the Third Party Services you choose available to you. For some Third Party Services, we may submit an application on your behalf using your information to assist you in obtaining a benefit provided by a third party. You acknowledge that ShakeItUp™ does not determine if you receive the benefit, and that you are solely responsible for meeting the third party’s requirements and complying with applicable laws and regulations. You may need to provide us with your account number, password, security questions and answers, and other necessary login information (“Login Details”). You hereby represent that you have the authority to provide the Login Details to ShakeItUp™ and you expressly appoint ShakeItUp™ as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Services on your behalf. You must provide true and accurate information. Third party’s terms and conditions are generally found on the third party’s website.. Your participation in Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services. If you sign up for a Third Party Service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third party, you should discontinue use of the Third Party Services. If you sign up for a Third Party Service which may enable the service to deduct certain fees and any applicable tax from your financial institution, you authorize ShakeItUp™ (and its third party processor) to debit these amounts from the bank account you identify as your Bank Account. You should evaluate all Third Party Services based on your own assessment and review of their terms and conditions.
8. Questions. You can contact ShakeItUp™ by mail at Consumer Questions, ShakeItUp™ Tech, 11601 Orchard Road, Kansas City, MO 64134 or by calling 816-224-5550 if you have a question or concern about any product or service we sell over the Internet. The online consumer complaint form and telephone number of the Missouri Attorney General’s Consumer Protection Section is: https://ago.mo.gov/app/consumercomplaint, 800-392-8222.