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Terms & Conditions

Updated April 4, 2024

THESE TERMS AND CONDITIONS LIMIT YOUR RIGHTS IN RESOLVING ANY DISPUTE SUCH AS BY BINDING ARBITRATION AND CLASS ACTION WAIVER.  BY USING THE COMPANY’S SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL THE TERMS AND CONDITIONS AND THAT YOU HAVE OBTAINED LEGAL ADVICE TO THE EXTENT NECESSARY FOR YOU TO ENTIRELY UNDERSTAND THEM.

General Terms

By accessing and placing an order with the Company, you confirm that you agree with and are bound by these Terms & Conditions (“T&C”) outlined below. These T&C apply to the entire website and any email or other type of communication between you and the Company.

Under no circumstances shall the Company be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. If your use of materials from this website results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

The Company is not responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

License

The Company grants to you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Service strictly in accordance with the terms of this Agreement.

These T&C form an enforceable, binding contract between you and the Company (“us,” “we,” and “our”), the provider of our software application, Active SOS, our Active SOS website and subdomains, and the services accessible from the Active SOS website and subdomains (which are collectively referred to in these T&C as the ” Service”).

You agree to be bound by these T&C. If you do not agree to these T&C, you cannot use the Service. In these T&C, “you” refers both to you as an individual and to all entities you represent. If you violate any of these T&C, we reserve the right to cancel your account or block access to your account without notice.

Definitions and key terms

To help explain things as clearly as possible in these T&C, every time any of these terms is referenced, it is strictly defined as:

  • Cookie: A small amount of data generated by a website and saved by your web browser. It can be used to identify your browser, to provide analytics, and to store information about you such as your language preference, your login information, and the like.
  • Company: When these T&C refer to “Company,” “we,” “us,” or “our,” they refer to Calm Water Trading LLC, (12520 Rockwood Avenue, Oklahoma City, OK 73170).
  • Country: Where the Company is based, which is United States of America.
  • Device: Any computing device connected to communicate via the Internet, such as a phone, tablet, computer or any other device that can be used to access the Service.
  • Third-party: Refers to entities or individuals other than you and the Company such as advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services might interest you.
  • You: An entity or individual registered with the Company to access the Service.

Restrictions

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service or make the Service available to any Third-party.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Service.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Service.

Payment

If you subscribe to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. All subscriptions and payments are processed via either Google Play or the Apple App Store. Accordingly, you must provide Google or Apple a valid credit card (Visa, MasterCard, or any other issuer accepted by us, “Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these T&C to determine your rights and liabilities with respect to your Payment Provider. By providing your credit card number and associated payment information, which includes your Personal Data, you agree that the Company is authorized to verify your payment information immediately. Google or Apple will invoice your account for all fees and charges due and payable to the Company, and that no additional notice or consent is required. You agree to immediately notify Google or Apple of any change in your billing address or the credit card used for payment hereunder. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on our website or by email notice to you.

Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.

No contract will exist between you and the Company for the Service until the Company accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.

You are responsible for any Third-party fees that you may incur when using the Service.

Return and Refund Policy

Thanks for shopping our offerings. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you are exploring, evaluating, and purchasing our products.

As with any shopping experience, there are terms and conditions that apply to transactions for the Service. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase for the Service, you agree to these T&C and the Company’s Privacy Policy.

If, for any reason, you are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product.

All returns and refunds are processed via either Google Play or the Apple App Store according to their terms and conditions which form no part of the Company’s T&C.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to the Company with respect to the Service are the sole and exclusive property of the Company.

The Company is free to use, copy, modify, publish, and/or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

We’ve updated our T&C to provide you with complete transparency into what is being set when you visit our website and how it’s being used. By using our Service, registering an account, or making a purchase, you consent to our T&C.

Links to Other Websites

These T&C apply only to the Service. The Service might contain links to other websites not operated or controlled by the Company. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Service to another website, our T&C are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Service, is subject to that website’s own rules and policies. Such Third-parties might use their own Cookies or other methods to collect information about you.

Cookies

We use “Cookies” to identify the areas of our Service that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our Service, but they are not all essential to our Service. However, without these Cookies, certain functionality like videos may become unavailable, or you could be required to enter your login details every time you visit the Service as we would not be able to recall the fact that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Service correctly or at all. We never place Personal Data in Cookies.

Changes To Our Terms & Conditions

You acknowledge and agree that the Company can stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at the Company’s sole discretion, without prior notice to you. You can stop using the Service at any time. You do not need to specifically inform the Company when you stop using the Service. You acknowledge and agree that if the Company disables access to your account, you can be prevented from accessing the Service, your account details, and any files or other materials which are contained in your account.

If we decide to change our T&C, we will post those changes on this website, and/or update the T&C modification date below.

Modifications to Our Service

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service or any feature or service to which it connects, with or without notice and without liability to you.

Updates to Our app

The Company can  from time to time provide enhancements or improvements to the features/functionality of the Service app, which can include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates can modify and/or delete certain features and/or functionalities of the Service. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Service, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We can display, include or make available third-party content (including data, information, applications and other products services) or provide links to Third-party websites or services (“Third-party Services”).

You acknowledge and agree that the Company is not responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume or have any liability or responsibility to you or any other person or entity for any Third-party Services.

Third-party Services 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.

Term and Termination

This Agreement shall remain in effect until terminated by you or the Company.

The Company can, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Service and all copies thereof from your Device.

Upon termination of this Agreement, you shall cease all use of the Service and delete all copies of the Service from your Device.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the Agreement.

Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our Service constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the  Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a Third-party.

No Warranties

The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the 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 Service, 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, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, apps, 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.

Without limiting the foregoing, neither the Company nor any Company provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

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.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service.

To the maximum extent permitted by applicable law, in no event shall  the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Service, Third-party software and/or Third-party hardware used with the Service, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails  in its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Communication Services

You acknowledge that the Service entails communication services that provide information such as emergency notification, diagnostics, and GPS tracking. You expressly authorize all of those services.  We will not be liable to you or any of your agents in connection with our use of such information. You understand and agree that the Service can provide us and/or law enforcement with all necessary information to monitor an event involving you and/or your dependents or agents. You should have no expectation of privacy or confidentiality as to the places where your Device is taken while using the Service.

For a copy of our Privacy Notice, please go to www.activesos.com/privacy.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by the Company on the Service, shall constitute the entire agreement between you and  the Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS WAIVED AND THEREBY PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power, unless expressly waived herein. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Entire Agreement

The Agreement constitutes the entire agreement between you and the Company regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and the Company.

You can be subject to additional terms and conditions that apply when you use or purchase other Company services or features, which the Company will provide to you at the time of such use or purchase.

Updates to Our Terms

We can change our Service and policies, and we might need to make changes to these T&C so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these T&C and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated T&C. If you do not want to agree to these or any updated T&C, you can delete your account.

Intellectual Property

The Service and its entire contents, features and functionality (including but not limited to all code, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material cannot be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of the Company, unless and except as is expressly provided in these  T&C. Any unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and the Company concerning the Service or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or the Company must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: david.zink@activesos.com. The Company will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and the Company will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or the Company can commence arbitration.

Binding Arbitration

If you and the Company don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party can seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Governing Law

This Privacy Policy is governed by the laws of the State of Oklahoma and the United States without regard to its conflict of laws provision.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions are automatically treated as the sole property of the Company without any compensation or credit to you whatsoever. The Company and its affiliates have no obligation with respect to such submissions or posts and can use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

The Company can, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions can be governed by separate rules that can contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions rules.

Additional terms and conditions can apply to purchases of goods or services on or through the Service, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a Service or feature is listed at an incorrect price or with incorrect information due to typographical error, we have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these T&C to be unenforceable, the remainder of these T&C will continue in full force and effect. Any waiver of any provision of these T&C will be effective only if in writing and signed by an authorized representative of the Company. The Company will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. The Company operates and controls the Service from its offices in the United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These T&C (which include and incorporate the Company’s Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and the Company concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

The Company is not responsible for any content, code or any other imprecision.

The Company does not provide warranties or guarantees.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. The Company is a distributor and not a publisher of the content supplied by Third-parties; as such, the Company exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Service. Without limiting the foregoing, the Company specifically disclaims all warranties and representations in any content transmitted on or in connection with the Service or on websites that may appear as links on the Service, or in the products provided as a part of, or otherwise in connection with, the Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of Third-party rights. No oral advice or written information given by the Company or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, the Company does not warrant that the Service will be uninterrupted, uncorrupted, timely, or error-free.

Contact Us

Don’t hesitate to contact us if you have any questions.

  • Via Email: info@activesos.com
  • Via Phone Number: 14055901851