Mobile App Terms of Use

The mobile application, “MySideKick” (the “App”) is published, owned, and operated by Every Two Minutes, Inc., its affiliates and related entities (“the Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of the App. 

By downloading, accessing, submitting information to, registering with, and/or using the App, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the App.

Purpose of the App.  The App is intended to be used as a communication and education tool that empowers you to positively impact the culture that allows, encourages, and perpetuates sexual violence and silences victims in our academic institutions, professional settings, and society as a whole.  The App pursues this mission by promoting collaboration, transparency, accountability, and education to reduce incidents of sexual harassment, assault, and rape, as well as providing advocacy and confidential resources to survivors and their loved ones.

We believe that one’s pursuit of an education in a nonviolent environment is not a privilege.  It is a human right.  Far too many of our former classmates, friends, and family members have had their lives disrupted or their education and careers interrupted due to sexual violence.

We have made it our mission to move the needle, and that starts with lowering incidence rates on our college campuses.  

Reliance on Information.  While we will do all we can to ensure the App provides timely and accurate information, we do not warrant the accuracy, completeness, or usefulness of the information in the App at any particular time.  Any suggestions or recommendations provided by the App are based on industry best practices and trusted sources but are not intended to replace information to which you have access or the facts of the particular situation in which you find yourself.  Please utilize common sense in your use of the App and always be aware of your physical surroundings for purposes of your safety and the safety of others.

For example, the App may provide recommendations on first aid or helping you understand someone’s medical symptoms. The App also provides information on various prescription drugs, illegal drugs and alcohol.  Such information should not be construed as medical advice or as a substitute for the care of a properly trained medical professional.  Likewise, we are not a law firm and any information you receive through the App should not be construed as legal advice or as a substitute for the advice of a trained attorney.  Furthermore, you should always use care when following the advice or information shared by any App user to include feedback, ratings or assessments of other individuals, businesses or services.

Any reliance you place on such information in the App is strictly at your own risk. The Company disclaims all liability and responsibility for liabilities arising from any reliance placed on such content by you, any other user of our App, or by any individual that might make decisions using information in the App. Any information you provide or that is collected by the Company through the App shall be handled in accordance with the App’s Privacy Policy, which is hereby incorporated by reference.

Location Information. There are location information features in the App that are designed to collect and share location information about you. These features may not work if your device and corresponding settings to allow the collection and sharing of information and location information are not enabled. In addition, the features may not work for a variety of reasons, such as if the device using the App is not connected to a wireless service provider’s network, if location services are turned off, or if the App is not being used or is blocked on the device. If you use App features designed to collect and share location information, the App will periodically access and collect information about your mobile device and location.  By using the features designed to collect and share information and by accessing or not accessing your preferences in your profile, you represent and warrant that you have consented to use the App’s location based services. 

Limited License and Use of the App.  The Company grants you a limited, non-exclusive, nontransferable, and revocable license and right to access and use the App and Content accessible through the App solely for your personal use.

Content includes any photos, images, graphics, video, audio, data, text, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the App and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, App mark, or other proprietary rights notices incorporated in or accompanying the App. Our logos and any other Company trademarks that may appear on the App, and the overall look and feel of the App, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and App names and company names or logos mentioned on the App are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

No other licenses or rights are granted to you, by implication or otherwise.  The Company solely retains all ownership interest in the App and any Content and reserves the right to terminate this license to use the App or access Content at any time and shall not be held liable in any way for such a termination. 

User Account Responsibility.  If you are given or create a password to access the App, you are responsible for maintaining the confidentiality of your account and your password.  You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account.  The Company is not responsible for any loss, damages or harm that you may incur as a result of any unauthorized person using your account or your password.

Prohibited Uses.  You agree that you will not:

• Commit slander, libel or defamation or any other tort against another individual, business or the Company, as applicable, through the App or use of the Content;
• Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App;
• Attempt to gain unauthorized access to any App account, computer systems or networks associated with the Company or the App;
• Falsely report or otherwise knowingly introduce or share information upon which others might reasonably rely or upon which city, state, or federal authorities might take action against another individual or entity;
• Obtain or attempt to obtain any materials or information through the App by any means not intentionally made available or provided by the Company;
• Introduce any viruses, Trojan horses, or any other material which is malicious or technologically harmful;
• Impersonate or attempt to impersonate the Company, a Company employee, another App user or any other person or entity (including, without limitation, by using email addresses or device identifiers associated with any of the foregoing).

Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls.  You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from the Company for the purposes of providing you informational updates about the App. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or its affiliates, and for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Policy. You represent that you have the authority to agree to receive text messages at the telephone or mobile device number that you provide to the Company, or from which you sent any text message request to us. You further acknowledge that no purchase is required to opt into this texting service, and you may opt out of this texting service at any time by following instructions from the Company and as described in the Privacy Policy. 

Not all mobile devices or handsets may be supported by this App. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from the App, device providers or service carrier, as a result of choosing to receive such messages from the Company.

Third Party Sites.  The App may contain links to websites controlled or operated by persons and companies other than the Company (“Linked Sites”). For example, you may be able to access links to your campus police department or the local police, or possible service providers in your area, such as ride sharing services, law enforcement services, or counseling services.  Such Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support the Company or are identified in the App, including any delivery of and payment for goods and services.

Third-Party Applications.  You acknowledge that your access and use of any third-party applications or software on our App and Content (the “Third-Party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-Party Applications.  The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-Party Applications.

Intellectual Property Notices.  The App and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the App or Content in any manner, except as expressly permitted by the Company in these Terms. The App or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives with the express written consent of the Company or applicable owner.

Your Content.  Any Content you create or own or to which you have a license and use on the App is Your Content.  In sharing Your Content on the App, you warrant and represent you have the legal right to use Your Content and grant the Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any App Apps as described in these Terms and in any posted policies on the App. The App may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Company systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share. 

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the App. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate.  You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. 

Questions regarding the use of any intellectual property provided on the App should be directed to privacy@Every2Min.com

United States Use Only.  The App is designed for individuals in the contiguous U.S., Alaska, and Hawaii, though some features of the App may not work in areas outside the wireless service coverage area for the phone or mobile device upon which the App is installed. The Company makes no representations that the App is appropriate or available for use or is legal in other locations. Those who access or use the App from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable United States and local laws and regulations.

No Warranties.  ALL INFORMATION OR APPS PROVIDED BY THE COMPANY TO YOU VIA THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE APP OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE APP. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE APP AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE APP WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE APP WILL BE FREE OF MALICIOUS SOFTWARE OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF APPS, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE APP OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE APP OR THE CONTENT IS TO CEASE YOUR USE OF THE APP AND/OR THE CONTENT.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,OMISSIONS, MISTAKES, OR INACCURACIES FROM THE APP OR RESULTS THAT ARE OBTAINED FROM USE OF THE APP (E.G., DATA, INFORMATION, LOCATION, ERROR  REPORTING, EMERGENCY ASSISTANCE, ETC.); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APP (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY;AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, OR LOSSES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOT WITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES, OR ANY OF THEM, BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN THE GREATER OF TEN UNITED STATES DOLLARS ($10.00) OR THE AMOUNT YOU PAID TO COMPANY FOR THE SERVICES GIVING RISE TO ANY CLAIMS YOU MAY HAVE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION, WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILTIY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

BY ACCESSING THE APP SUBJECT TO THESE TERMS, I UNDERSTAND THAT I AM WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY, OR TERRITORY, WHICH PROVIDES AS FOLLOWS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUPSECT 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 OR HER SETTLEMENT WITH THE DEBTOR.

Indemnity. You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and App providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, any use of the Content or your use of any information obtained from the App other than as expressly authorized in these Terms, your breaching any warranting or representations made herein, your violation of any law or the rights of a third-party, your violation of any applicable law, rule or regulation, or any other party’s access and use of the App with your unique username, password or other access credential.

Termination or Restriction of Access. In its sole discretion, the Company may terminate or suspend your access to the App for breach of these Terms or for any purpose the Company deems appropriate. In such an event, if possible, the Company will take all reasonable steps to make you aware of its decision prior to termination.  The Company shall not be liable for any losses or damages arising from any such termination of the App.

Arbitration.  At its sole discretion, the Company may require you to submit any disputes arising from use of the App, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.  By using the App, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation on Time to File Claims.  Any cause of action or claim you may have arising out of or relating to these Terms or the App must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law & Jurisdiction.  The Company is based in the state of Michigan in the United States of America. The Company provides this App for use only by persons located in the United States. These Terms are governed by the laws of the state of Michigan.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Ann Arbor, Michigan, U.S.A. in all disputes arising out of or relating to the use of the App.

Changes to these Terms of Use. The Company may update or change these Terms from time to time in order to reflect changes in any offered Apps, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms.  Your continued use of the App after any such change is communicated shall constitute your consent to such change(s).

General. You are solely responsible for securing the required technology, including mobile carrier voice and data services to enable the App to work as designed.  You agree to install all updates provided by the Company in a timely fashion to ensure your continued use of the App.  Through your use of the App, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control many communications from the App by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the App.  You may not assign these Terms without the prior written consent of the Company in all instances.  The Company may assign these Terms, in whole or in part, at any time.  The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by the Company with respect to such use. 

You agree to use the App only for lawful purposes, comply with all rules governing any transactions on and through the App and comply with applicable laws. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. 

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the App, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Company Contact Information.  Questions can be directed to the Company at: privacy@mysidekickapp.io