Mobile Application Terms of Use

These Mobile Application Terms of Use are a binding agreement (“Agreement”) between you (“End User” or “you”) and Project Refit Inc. (“Company”). This Agreement governs your use of the Blue Skies mobile application on various platforms including iOS, and Android, and web, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) ARE A MILITARY VETERAN, ACTIVE DUTY SERVICE MEMBER, OR ACTIVE OR RETIRED EMERGENCY FIRST RESPONDER; (C) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (CD) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION.

  1. Application Description and Disclaimer.  The Blue Skies Application is a tool designed to enable military veterans, active duty servicemen, and women, and emergency first responders to connect with each other on a peer-to-peer basis to combat isolation and create a community dedicated to fostering courage to overcome the negative stigmas surrounding mental health.  THE APPLICATION IS NOT AN EMERGENCY HOTLINE OR SUICIDE PREVENTION RESOURCE AND SHOULD NOT BE USED OR RELIED UPON FOR SUCH PURPOSES.  The Application should not be used as a substitute for professional medical or mental health advice, diagnosis, or treatment. We urge you to seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical or mental health condition. In case of emergency, please call your doctor, 911, or 800-273-8255 (the National Suicide Prevention Lifeline) immediately.  The App Emergency Button will direct you to these resources but has no independent emergency response capabilities.

  2. 1-on-1 conversation, Radio Check (Talk/Listen), Group Chat and Forum Terms. 

    1. We welcome participation in the Application’s 1-on-1 conversation, Group Chat, Radio Check (TalkVent/Listen, and Community forum features.  We encourage sharing what's going on in your life, and listening to others as they do the same.  This is a community and we're here to help each other.   Users will have the ability to report other users to Company administrators if such users are in violation of the following rules.

    2. There are things you cannot do when using the Application: 

      1. Use copyrighted or illegal materials.  All information uploaded must be either your original work or a piece that you have received permission to use online.  Written evidence of your permission may be requested at any time.  Otherwise, the posting of copyrighted images, text, articles, reports, audio files, or any other materials is strictly prohibited. 

      2. Any discussion of illegal activities or plans for self-harm.  It's acceptable to speak in general terms about struggling with an addiction to an illegal drug, and it's acceptable to speak about having had thoughts about wanting to harm yourself.  If these topics are raised by others, you should encourage people to seek help from professionals.  Discussions about buying and selling drugs, engaging in any illegal activity, plans for how you plan to hurt yourself, talking about or making plans to hurt another person, or encouraging others to hurt themselves are not permitted and may be grounds for termination of your access to the Application.

    3. The company is not responsible for the posts or advice of other users.  The forums are not designed to address emergencies, crises or potential acts of violence.  

    4. Internet Safety.  Company does not screen members in the forums or anyone else whom you may come into contact with directly or indirectly through the use of the Application for a history of criminal behavior.  We cannot be held responsible or liable for the actions taken by individuals outside of the Project Refit organization.  Please use your discretion when choosing to share any personal information with another person you've met on the Application.  

  3. License Grant. Subject to the terms of this Agreement, 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 mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and 

  4. License Restrictions. Licensee shall not: 

    1. copy the Application, except as expressly permitted by this license;

    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

    3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or

    5. 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, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.

  5. 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. Company 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, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

  6. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company 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 about yourself 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 projectrefit.us/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.

  7. Updates. 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 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:

    1. the Application will automatically download and install all available Updates; or

    2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and 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.

  1. Third-Party Materials. The 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 (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The company 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 entirely at your own risk and subject to such third parties’ terms and conditions.

  2. Term and Termination.

    1. The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section.

    2. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

    3. Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

    4. Upon termination:

      1. all rights granted to you under this Agreement will also terminate; and

      2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

    5. Termination will not limit any of the Company’s rights or remedies at law or in equity.

  3. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, 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, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES 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. 

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

    2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

  1. 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.

  2. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New Jersey 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 New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

  3. 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.

  4. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 

  5. 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. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. 

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j@projectrefit.us

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©2020 by Project Refit, Inc.

Non-profit

EIN: 82-2163506