Last updated: November 7, 2017
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully, including the Limitations of Liability section, before using the Fit4Duty web or mobile application (the “Service”) operated by Atacama Resources International, Inc. (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access, use or rely upon the Service.
By accessing or using the Service you all agree to be bound by these Terms.
If you disagree with any part of these Terms, then you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, email address, phone number and other personal information. The information you provide must be accurate. In addition, you will be required to provide a credit card, debit card, checking account and routing number or other acceptable form of payment (the “Form of Payment”), which we will keep on file. You must be authorized to use the Form of Payment you provide to us.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). Service will begin as soon as your initial payment is processed. You will be charged, and the Form of Payment you submit will be debited, in advance of the Services, at the rate stated at the time of purchase, every month, until you cancel.
If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period.
You can cancel subscriptions at any time on your Account Settings page.
If you cancel, your Subscription will continue for the remainder of the time for which you have paid. No refunds, partial or otherwise, will be given.
Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Fit4Duty within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Fit4Duty.
Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
Our Service allows you to use the Fit4Duty web or smartphone app and all its associated information, text, graphics, videos, or other material (“Content”). You are not permitted to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service or the Content. You may only use the Service and the Content as a means to assess a user’s cognitive function. The Service is not a test for alcohol, drug or other substance abuse, drowsiness or other impairment.
UNDER NO CIRCUMSTANCES SHOULD THE Fit4Duty APP BE CONSIDERED A SUBSTITUTE FOR A BLOOD ALCOHOL TEST, BREATHALYZER OR SIMILAR TESTS. IF YOU HAVE BEEN DRINKING, HAVE TAKEN (OR CURRENTLY ARE TAKING) DRUGS, FEEL ILL, DROWSY OR SLEEPY OR OTHERWISE IMPAIRED IN ANY WAY, DO NOT GET BEHIND THE WHEEL OF A VEHICLE OF ANY KIND.
Notwithstanding any other provision of these terms, you must not:
a) Access or use our Service for any purpose that is unlawful;
b) Access or use our Service for any purpose that is not expressly permitted by us on these Terms;
c) Access or use our Service in any manner that could damage, disable, overburden or impair our computer system, server or network;
d) Access or use our Service in any manner that interferes with any other person’s access or use of the Service;
e) Attempt to gain unauthorized access to other accounts, our computer system, server or network; or
f) Access or use materials or information through any means not intentionally made available by us.
Notwithstanding any other provision of these Terms, you must ensure that your use and access of the Service complies with all applicable laws and regulations.
The Service is not intended to be used by persons under the age of 18 without permission of the minor’s parent or guardian. You represent and warrant that you are at least 18 years of age, or have the permission of your parent or guardian to use the Service.
If you fail to abide by these Terms in any way, or fail to pay any amount owed when due, we may prohibit you from accessing or using the Service. No action or omission by us will be deemed to be a waiver of any rights or remedies provided under these
Terms or under applicable law.
Limitations on liability
Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Service.
To the extent permitted by law, our total liability, and that of our suppliers, distributors, and licensors, for any claims under these terms, or arising out of, or in connection with the service, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).
We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of, or in connection with the service even if we have been advised of the possibility of such damages. in any event, our entire liability to you under any provision of these terms or arising from the access or use of the service by you or any other user will be limited to the amount actually paid by you to us pursuant to these terms during the 12 months preceding the event giving rise to such liability.
Although our stringent testing of the Service reflects that it is a good test of someone’s cognitive abilities at a given point in time, nothing is perfect and a false reading may occur. Thus, no one should operate a motor vehicle or heavy equipment if they have been drinking, have been taking drugs or feel ill, sleepy or drowsy.
We are providing the service as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Intellectual Property Rights
We are the owner (or the licensee) of all intellectual property rights in our Service, the Content and the Fit4Duty smartphone app, and in the material published on it. Those works may be protected by patents, patent applications, trademarks and copyright laws and treaties around the world. All such rights are reserved.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Atacama Resources International, Inc. Atacama Resources International, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that Atacama Resources International, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Choice of Venue and Choice of Law
Any dispute arising out of or in connection with the Service, including but not limited to disputes arising from these Terms, will be decided pursuant to the law of the State of California without regard to its conflict of law provisions. Any lawsuit arising out of, or in connection with the Service, including but not limited to disputes arising from these Terms, must be brought in Los Angeles Superior Court.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to 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 revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.