Terms of Service 1 — Beacon Maps

Castle Information Systems – Terms of Service

Beacon App and Website Terms of Use Agreement

1. Acknowledgement and Acceptance of Terms and Conditions

This Beacon App and Website Terms of Use Agreement governs your access to and use of the Beacon App located in the Apple App Store and Google Play Store and the website located at www.beacon.site (the “Site”) and any and all options and services available on or through the Site or otherwise provided by www.beacon.site (“Beacon,” “we,” “us” or “our”) in connection with the Site (the Site and such options and services, collectively, the “Services”). By accessing, browsing or using the Services, you are indicating that you have read and acknowledge and agree to be bound by this Website Terms of Use Agreement (“Terms and Conditions”), and the Castle Privacy Policy, available at www.beacon.site and incorporated herein by reference. If you do not agree to every provision of these Terms and Conditions and the Castle Privacy Policy, please do not access, browse or use the Services.

These Terms and Conditions may be revised at any time for any reason, without notice or obligation, by updating this posting. By accessing, browsing or using the Services following the posting of changes to these Terms and Conditions, you accept such changes. You agree to use the Services in a manner consistent with any and all applicable rules, laws and regulations. Any use of the Services in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions. These Terms and Conditions are effective as of August 2021.

2. How the Services Work

The Services provide users, both businesses and individuals, of the Services the ability to create and share “Beacons”. A Beacon consists of a physical location on a map, a purpose, and participants. When a Beacon is created and shared, participants can view details of the beacon, as well as the estimated arrival times of the other participants as the time for the meeting approaches. When you create or join a Beacon, other users of the Services, who are also participants in that Beacon, may be able to view your estimated arrival time. When you use the Services and participate in a Beacon, your last physical location is uploaded and stored so that we may provide pertinent, timely information about the status of the participants.

3. Privilege to Use and Access the Services

Beacon grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to access and make personal use of the Services solely for the purpose of browsing the Site and establishing and participating in Beacons through the Services, in all cases (a) in compliance with the Terms and Conditions, and (b) to the extent permitted under all applicable laws and regulations. You shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce, copy or otherwise create derivatives of any part of the Services or any Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services or any Content; (iii) remove or alter proprietary notices or labels on or in the Services or Content; (iv) engage in any activity that interferes with or disrupts the Services or Content; (v) engage in any fraudulent activity or activity that facilitates fraud; or (vi) otherwise act in violation of these Terms and Conditions. All rights not expressly granted herein are reserved.

4. Site Content

4.1 Content

The Site and all material on the Site or contained therein (the “Content”), including, without limitation, all text, graphics, and other content on the Site, the Site’s design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site are owned by Castle or a third party. The Content is protected under copyright, trademark, service mark, trade secret or other intellectual property and other proprietary rights and laws. You may not copy, download, Transmit, modify, distribute or republish the Site or any portion of the Site, including without limitation any of the Content displayed on the Site, without the prior written consent of Castle. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Content. Use of any Content on the Site is prohibited without the prior written permission of Castle.

4.2 Beacons

You hereby grant to Castle a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit any Beacons you Transmit or other information you contribute, provide or make available in connection with the Services (“Your Beacons”), in whole or in part, in any media now known or hereafter developed for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Beacons. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license and that Your Beacons (i) do not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) do not involve gambling, gaming, sweepstakes and/or any other activity with an entry fee and a prize, and (iii) complies with all applicable laws and regulations (domestic and foreign). Castle reserves the right to remove Your Beacons at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Beacons) or for no reason.

4.3 Liability for Beacons

Castle does not control the Beacons Transmitted by any user of the Services and does not guarantee the accuracy, integrity or quality of such Beacon. Under no circumstances will Castle be liable in any way for any Beacon Transmitted or Received by any user of the Services, including, but not limited to, liability for any errors or omissions in any Beacon or for any loss or damage of any kind incurred as a result of the use of any Beacon created or Transmitted or Received via the Services. Under no circumstances will we or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on any Beacon or Content.

Beacons provide users the option of getting directions to a Beacon. These directions are provided by third-party services. We do not guarantee the accuracy of these directional services. Under no circumstances will we or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by these third-party services or your use of them. WE ENCOURAGE ALL BEACON USERS TO EXERCISE THE UTMOST CAUTION AT ALL TIMES WHEN USING BEACON OR ANY THIRD-PARTY SERVICE, ESPECIALLY WHEN DRIVING A VEHICLE

4.4 Review of Beacons

Castle does not pre-screen any Beacon Transmitted or made available by you or any third party, but you acknowledge and agree that Castle reserves the right (but has no obligation) to evaluate Beacons you submit prior to allowing it to be Transmitted on or through the Services. If Castle elects, in its sole discretion, to monitor any Beacon, we may do none, one or all of the following, in our sole discretion and at our election: (a) remove or refuse to post or allow the Beacon to be Transmitted; and/or (b) disclose any Beacon or any communication Transmitted on or through the Services and the circumstances surrounding the Provision thereof, to (i) any third party in order to operate the Services, (ii) respond to governmental requests or inquiries, (iii) comply with applicable laws, (iv) protect the rights, privacy, safety or property of Castle, Site visitors, the public or users of the Services, (v) comply with valid legal process, (vi) permit us to pursue available remedies or limit the damages that we may incur, and/or (vii) enforce these Terms and Conditions.

5. Registration

Each registration is for a single user only. In consideration of your use of the Services, you agree to provide accurate, current and complete information about yourself or your company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete. By accepting these Terms and Conditions, you represent and warrant that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that, if you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.

Any changes to your registration information should be made on the website or in the mobile app. If you provide information that is untrue, inaccurate, not current or incomplete, Castle may suspend or terminate your account and refuse any and all current or future use of the Services.

When you register on the Site, you will establish a password for your use of the Services offered therein. You are responsible for keeping your password confidential. You will be responsible for all uses of your password and account. You will close the browser window for the Site at the end of each use, and you will immediately notify Castle of any unauthorized use of your password. Castle cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Legal Requirements

Where Castle has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Castle may disclose IP addresses, personal information, and any contents of the Services where it is legally compelled to do so. Please see the Castle Website Privacy Policy, available at www.beacon.site, for additional information relating to the privacy and security of information collected hereunder.

7. Your Use of the Services

7.1 Liability for Beacons

You are solely responsible and liable for any Beacon that you Transmit or otherwise create, submit, receive or make available in connection with the Services.

In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through and part of the Services. IF YOU CHOOSE TO MAKE ANY PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND CASTLE SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.

7.2 Use of the Services

You agree that you will not: (a) use the Services in any unlawful manner, or Transmit any Beacon or information that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) use the Services to harm minors in any way or to stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information, including e-mail addresses, about other users of the Services; (c) Transmit any Beacon or information: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any Beacon Transmitted through the Services; (e) interfere with the Site or servers or networks used in connection with the Services; (f) interfere with the ability of others to use the Services; (g) reproduce, sell, resell, sub-license, distribute or exploit for any commercial purposes, any portion of the Services, Content or Information; (h) conduct your business using the Services in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) use any robot, spider, or other automatic device to monitor or copy portions of the Services, Content or Beacons without Castle’s prior written permission; (j) download, reproduce, duplicate, copy or otherwise exploit any portion of the Services for the purpose of sale, resale or making other commercial use thereof; (k) include in any third party website any hypertext link to any page or location within the Services without Castle’s prior written permission; (l) display the Services or any portion thereof in frames without Castle’s prior written permission; (m) impersonate any person or entity, including, but not limited to, other users of the Services, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make; or (n) otherwise use the Services in violation of any law or contract.

8. Linked Sites

Castle has not reviewed all of the websites linked to the Services and is not responsible for the content of any third-party pages or any other websites linked to the Services. Nothing in the Services, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Castle. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Castle reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Castle. Castle has no control over these linked websites and makes no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.

9. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. Indemnification

You agree to hold harmless and indemnify Castle, its subsidiaries and affiliates, business partners, contractors clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Services, any Beacon or information that you Transmit via the Services, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Services.

11. Castle Trademarks

All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol are registered and unregistered trademarks and service marks owned by Castle or its subsidiaries or affiliates or a third party. These trademarks and all other trademarks, service marks, logos and company names (each a “Mark”) used in connection with the Services are the property of Castle or third parties and shall remain the property of Castle and such third parties. Nothing contained in the Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Castle or such third party that may own such Mark. Your misuse of any such Mark, or any other Beacon or Content, is strictly prohibited.

12. Availability and Features

Availability and features of the Services are subject to change without notice.

13. Termination

You acknowledge and agree that Castle may terminate your account or use of the Services for any reason, including, without limitation, your violation of these Terms and Conditions. You agree that Castle may terminate your access to and use of the Services without prior notice and without any liability to you or any third party. You acknowledge and agree that Castle may modify, limit, suspend or discontinue the Services or any portion thereof, at any time, without notice or liability to you. Castle may also, from time to time, establish general rules and policies regarding use of the Services. Castle will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Services. Castle shall have no liability or responsibility with respect to any lost Beacon, Information, Content or other data, such as the deletion of or failure to store Beacons, Information, Content or other data. All provisions of these Terms and Conditions that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties and intellectual property protections and licenses).

If your account is terminated, any Beacon, Content or other information that you have Transmitted in connection with the Services may no longer be available to you. Castle reserves the right to, but has no obligation to, store or keep copies of any Beacon, Content or other information, unless otherwise required by law or court order.

14. Disclaimer of Warranties

CASTLE IS PROVIDING THE SITE, THE SERVICES, BEACONS, AND THE CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. CASTLE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICES, AND THE BEACONS, INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR PROVIDED THROUGH THE SERVICES. CASTLE DOES NOT WARRANT THAT THE SERVICES, CONTENT, OR BEACONS, WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. THE SERVICES, BEACON AND CONTENT ARE FOR YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC FINANCIAL, LEGAL OR OTHER DECISIONS. CASTLE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS OR DECENCY OF ANY BEACON OR CONTENT. CASTLE MAKES NO WARRANTY REGARDING ANY SERVICES OR GOODS PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. CASTLE MAKES NO WARRANTY THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, BEACON, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SERVICES, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.

15. Limitation of Liability

IN NO EVENT SHALL CASTLE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS AND OTHER PARTNERS AND EMPLOYEES BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, EVEN IF CASTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS; (iii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT OR BEACON RECEIVED OR TRANSACTIONS ENTERED INTO WITH CASTLE OR A THIRD PARTY THROUGH THE USE OF THE SERVICES; (iv) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICES OR RELIANCE ON SUCH INFORMATION; OR (v) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT DATA. YOU SPECIFICALLY AGREE THAT CASTLE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, CASTLE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

16. Governing Law and Jurisdiction

Castle maintains the Site from its offices in Raleigh, North Carolina, U.S.A. These Terms and Conditions and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sales of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. The exclusive forums for the resolution of any dispute relating to these Terms and Conditions shall be the state and federal courts in Wake County, North Carolina, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and Conditions and agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.

17. Notice

All notices, demands, or consents given by you under these Terms and Conditions will be in writing and will be deemed given when delivered to Castle via e-mail at support@beacon.site.

Any notices to you may be made via either e-mail or postal mail to the address in Castle’s records or via posting on the Site.

Please report any violations of these Terms and Conditions to Castle at the contact listed above.

18. Miscellaneous

You may not assign, sublicense or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or to these Terms and Conditions must be filed within twelve (12) months after the facts occurred upon which the cause of action arose, or shall forever be barred. These Terms and Conditions, and not the conduct between us or any trade practice, shall control the interpretation of these Terms and Conditions between the parties respecting the Services.

Castle’s failure to enforce a particular provision of these Terms and Conditions does not mean that Castle waives the right to enforce it in the future; Castle shall waive such a right only in writing.

These Terms and Conditions constitute the entire agreement between you and Castle and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Castle on the subject matter hereof. You also may be subject to additional terms and conditions applicable when you use Third Party Content.

19. Procedure for Making Claims of Copyright Infringement

We expect users of the Services to respect the intellectual property rights of others. If you believe in good faith that any of the Beacons or Content made available through the Services infringe your copyright, please provide Castle’s copyright agent the written information specified below.

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(d) Your address, telephone number and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Castle’s copyright agent for notice of claims of copyright infringement can be reached via email at support@beacon.site.