ALLIANCEONE MOBILE APPLICATION END USER LICENSE AGREEMENT
By using this AllianceOne Payment Mobile Application (this “Application”), you agree to be bound by this AllianceOne Mobile Application License Agreement (this “License Agreement”). This License Agreement governs your use of the Application on your mobile device, desktop computer, tablet computer, or other electronic devices (including all related documentation). This Application is licensed only, not sold to you. This is an agreement between you and AllianceOne only. AllianceOne is responsible for this Application and the content thereof. Certain features of this Application may require you to be an AllianceOne user or provide personal information.
By downloading, installing, accessing, storing, or using this Application, you (a) acknowledge that you have read and understand this License Agreement; (b) acknowledge that this Application is not intended for use by people under the age of eighteen (18) and you represent that you are at least eighteen years of age or older or of a legal age to enter into a binding agreement and to use the this Application; and (c) accept this License Agreement and agree that you are legally bound by its terms.
If you do not agree to the terms of this License Agreement, do not download, install, store, or use this Application and delete it from your device.
The contracting party is AllianceOne Receivables Management, Inc., 4850 E. Street Road, Suite 300, Trevose, PA 19053.
To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.
You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile OS has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
You acknowledge that when you download, install, access, or use this Application you are accepting the risks and responsibilities associated with storing your personal information on a mobile device. Furthermore, you acknowledge that by allowing someone physical access to your mobile device or leaving your mobile device unlocked or unattended creases the opportunity for someone to view the contents of this Application. In an effort to ensure the highest level of protection provided for your personal information, you are encourages to: (a) establish and maintain a strong passcode for your mobile device; (b) install all operating system and software updates for mobile platforms in a timely manner; (c) use this Application only when connected to a trusted network; and (d) ensure you have securely erased you data and settings on your mobile device prior to releasing for sale, trade-in, gift, provider maintenance, etc.
You acknowledge that any actual or attempted use of this Application from a “rooted,” “jailbroken,” or otherwise modified mobile device, exposes your personal data to being stolen by cyber criminals, hackers, etc.
Consent to Electronic Communications.
By downloading, installing, accessing, or using this Application, and/or opting-in through notification settings, you authorize AllianceOne to send you (including via email and push notifications) information regarding the services and the Application, such as: (a) notices about your use of the services and the Application, including notices of violations of use; (b) updates to the services and the Application and new features. You can review your account settings to adjust your messaging preferences or unsubscribe to some messaging by following instructions provided by AllianceOne.
AllianceOne owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Other company, product, or service names mentioned in this Application may be trademarks of their respective companies. You acknowledge and agree that this Application is provided under license, and not sold to you. You do not acquire any ownership interest in this Application under this License Agreement or any other rights thereto other than to use this Application in accordance with the license granted, and subject to all terms, conditions, and restrictions under this License Agreement. AllianceOne and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to this Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this License Agreement.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter AllianceOne’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.
Disclaimer of Warranties.
This Application and the service(s) accessed by it are provided “as is” and “as available”. AllianceOne expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application.
You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.
Limitation of Liability.
Except as otherwise stated in this License Agreement, AllianceOne is not liable to you for any harm resulting from any use or misuse of this Application, any actions you take that may compromise the integrity of the data or the Application including the use of the Application from a compromised device, or in connection with a violation and/or breach of this License Agreement.
Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if AllianceOne has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
Nothing in this License Agreement shall limit our liability towards you for claims for death or personal injury or damages caused by intentional wrongdoing or gross negligence of us, our legal representatives or agents. In case of a breach of a material obligation under this License Agreement which is caused by slight negligence we shall only be liable for the typical, predictable, direct and average damage, unless the claim is for death or personal injury in which case our liability towards you shall be unlimited.
You will indemnify and hold harmless AllianceOne and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from and against any and all losses, damages, obligations, 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: (a) your use or misuse of this Application, including any data or content transmitted or received by you; (b) any actions you take that may compromise the integrity of the data or the Application, including the use of the Application from a compromised device; (c) a violation and/or breach of any term of this License Agreement; (d) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (e) your voilatio of any applicable law, rule, or regulation; or (f) any other party’s access and use of the Application with your unique username, password or other appropriate security code. . Furthermore, you agree that AllianceOne assumes no responsibility for the content you submit or make available through this Application.
AllianceOne reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
You acknowledge that when you download, install, access, or use this Application, AllianceOne may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of this Application. When you access AllianceOne using a mobile device, we may collect and store device sign-on data (including device ID) and geolocation data in order to provide our service. You may also be required to provide certain personal information about yourself as a condition to downloading, installing, accessing, or using this Application or certain of its features or functionality. Personal information will also be requested if you seek to register to AllianceOne through this Application.
AllianceOne reserves the right to make changes to this Application or License Agreement from time to time and without prior notice. By using this Application, you agree to comply with any changes made to this Application or License Agreement. Continued use of the Application shall constitute your binding acceptance of any such changes. If you do not agree to any change, please uninstall and discontinue using the Application.
AllianceOne may from time to time in its sole discretion develop and provide updates to this Application, 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. Updates will be periodically applied to the server, which may cause brief interruptions of service. To the extent possible, you will be given notification of any upcoming Updates prior to the application of that update. You agree that AllianceOne has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) this Application will automatically download and install all available Updates; (b) you may receive notice of or be prompted to download and install available Updates; or (c) you may learn whether Updates are available through the retailer from where you obtained this Application.
You shall promptly download and install all Updates and acknowledge and agree that this 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 this Application and be subject to all terms and conditions of this License Agreement.
Geographic & Export Restrictions (US Users).
The content and services of this Application are 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 of this Application outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the content and services of this Application from outside the United States, you are responsible for compliance with local laws.
This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iran, North Korea, Sudan, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user or entity specified by US Export Laws.
Term and Termination.
The term of this License Agreement commences when you access, download, install, or use this Application and will continue in effect until terminated by you or AllianceOne as set forth in this section. You may terminate this License Agreement by ceasing all access of the Application and any copies of said Application stored on your device. AllianceOne may terminate this License Agreement at any time without notice if it ceases to support the Application, which AllianceOne may do in its sole discretion. In addition, this License Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this License Agreement. Upon termination: (a) all rights granted to you under this License Agreement will also terminate; and (b) you must cease all use of the Application and delete all copies of the Application from your device and account. Termination will not limit any of AllianceOne’s rights or remedies at law or in equity.
Third Party Materials.
This 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 AllianceOne is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. AllianceOne 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 as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
Third Party Beneficiary.
Your mobile OS is a third party beneficiary of this License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
If any provision of this License 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 License Agreement will continue in full force and effect.
This License Agreement is governed by and construed in accordance with the laws of the State of Utah 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 License Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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. In the event of a conflict between this License Agreement and any applicable purchase or other terms, the terms of this License Agreement shall govern.
This License Agreement is effective January 1, 2020. Any previous version of this License Agreement is superseded going forward by this version.