Terms of Service

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE ACCEPTING AND ACCESSING WITH LOCAJOT, USING THE SERVICES OR DOWNLOADING THIS APPLICATION OFFERED. IF YOU DO NOT AGREE TO ALL THESE TERMS, YOU DO NOT HAVE ANY RIGHT TO USE THE SERVICE PROVIDED. LOCAJOT ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY LOCAJOT, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

1) USE OF APPLICATION
a) Ecmodeyo, LLC grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.
b) You may not use the Application in any manner that could damage, disable, overburden, lose data, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any particular manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
c) You agree that you are solely responsible for (and that Ecmodeyo, LLC has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms of Service, and for the consequences (including any loss or damage which Ecmodeyo, LLC may suffer) of any such breach.

2) PROPRIETARY RIGHTS / COPY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Ecmodeyo, LLC and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party to, (1) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (2) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (3) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (4) remove, obscure, or alter Ecmodeyo, LLC's or any third party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.

3) PRIVACY POLICY
a) LocaJot's Privacy Policy (located here) explains how Ecmodeyo, LLC treats your information and protects your privacy when you use the Application. You agree to the use of your data in accordance with LocaJot's privacy policies for this Application.
b) Your use of such features of the Application is also governed by LocaJots's Terms of Service. LocaJot's Service-specific Terms of Service and Privacy Policy, may be updated from time to time and without notice.

4) EXPORT RESTRICTIONS
The Application may be subject to restrictions or export controls by  countries or territories. You agree to comply with all applicable international regulations and export laws. These laws include restrictions on destinations, end users, and end use.

5) TERMINATION
These Terms and service will always be present until terminated by either you or The Company as set forth below.
You may terminate the EULA Agreement at any time by permanently deleting the Application from your mobile device in its entirety, so that the Application no longer ceases to exist on the users phone after termination. Your rights automatically and immediately terminate without notice from Ecmodeyo, LLC or any Third Party if you fail to comply with any provision of these Terms of Service. In such event, you must immediately delete the Application.

6) PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISSASEMBLY.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

7) INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Ecmodeyo, LLC, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal costs) arising out of or generated from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.

8) DISCLAIMER OF WARRANTIES
a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b) ECMODEYO, LLC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT IS PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE.
c) ECMODEYO, LLC DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SOFTWARE PRODUCT. ECMODEYO, LLC MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. ECMODEYO, LLC FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.
d) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE AND ECMODEYO, LLC SHOULD BEAR NO RESPONSIBILITY FOR THIS DAMAGE.
e) THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
f) ANY ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

9) LIMITATION OF LIABILITY
YOU AND ECMODEYO, LLC UNDERSTANDS THAT THIS LICENSE AGREEMENT, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ECMODEYO, LLC AND THE COMPANIES SUBSIDIARIES, AFFILIATES, AND ITS LICENDORS BE LIABLE FOR ANY DAMAGES (including, without limitation, lost profits, business interruption, or lost information) RISING OUT OF ‘AUTHORIZED USERS’ USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF ECMODEYO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ECMODEYO, LLC BE LIABLE FOR LOSS OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (including lost profit), OR OTHER DAMAGES BASED IN CONTRACT, TORT OR OTHERWISE. ECMODEYO, LLC SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SOFTWARE PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTIONS, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS, DAMAGES, LOSS OF DATA OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.   

10) MISCELLANEOUS
a) These Terms of service constitute the entire Agreement between you and Ecmodeyo, LLC relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and Ecmodeyo, LLC regarding the Application.
b) The failure of Ecmodeyo, LLC to exercise or enforce any right or provision of these Terms of service does not constitute a waiver of such right or provision, which will still be available to Ecmodeyo, LLC.
c) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Service is invalid, then that provision will be removed from the Terms  of service without affecting the rest of the Terms of Service and  they will then continue to stand. The remaining provisions of these Terms of Service will continue to be valid and enforceable regardless of the removal of a Term and Service.
d) The rights granted in these Terms and Service may not be assigned or transferred by either you or Ecmodeyo, LLC without the prior written approval of the other party. Neither you nor Ecmodeyo, LLC are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
e) These Terms and Conditions and your relationship with Ecmodeyo, LLC under these Terms and  service will be governed by the laws of the Nebraska, USA without regard to its conflict of laws provisions. You and Ecmodeyo, LLC agree to submit to the exclusive jurisdiction of the courts located within the USA and the legal system of Nebraska to resolve any legal matter arising from these Terms of Service. You agree that Ecmodeyo, LLC will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
f) Any disputes that do arise with the use of LocaJot Application will be resolved within the Courts of Nebraska, USA
g) Any disputes that do arise with the EULA, PRIVACY POLICY OR TERMS OF SERVICE will be in accordance with the English version and interpretation. These documents in the English language will prevail over any translated versions.