II. USER ELIGIBILITY
The Website is provided by Security5 and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.
V. LICENSE AND OWNERSHIP/LICENSE TO USE WEBSITE/INTELLECTUAL PROPERTY
Security5 grants You a limited, personal, nontransferable, nonsublicenseable, revocable license to (1) access and use only the Website, Content and Services only in the manner presented by Security5, and (2) access and use the Security5 computer and network services offered within the Website (the “Security5 Systems”) only in the manner expressly permitted by Security5. Except for this limited license, Security5 does not convey any interest in or to the Security5 Systems, information or data available via the Security5 Systems (the “Information”), Content, Services, Website or any other Security5 property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Security5. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Security5.
VIII. ELECTRONIC COMMUNICATION
Visiting Security5’s website or sending emails to Security5 constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website satisfy any legal requirement that such communication be in writing.
IX. ACCEPTABLE USE/RESTRICTIONS/LIMITATIONS ON USE
If any of the Services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Security5 immediately of any unauthorized use of your account or any other breach of security. Security5 will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Security5 or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to Security5’s display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or Security5 has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Security5 may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the services.
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Security5 server(s), or the network(s) connected to any Security5 server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Security5 server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:
- Use the Communication Services or the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
- Use any Security5 domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
- Transmit unsolicited or bulk communications to any Security5 account holder or to any Security5 or affiliated email address (regardless of whether you use the website to transmit any such communication).
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
- Security5 has no obligation to monitor the Communication Services. However, Security5 reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. Security5 reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Security5 reserves the right at all times to disclose any information as Security5 deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Security5’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Security5 does not control or endorse the content, messages or information found in any Communication Services and, therefore, Security5 specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Security5 spokespersons, and their views do not necessarily reflect those of Security5.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Unless otherwise specified, Security5 does not claim ownership of the materials you provide to Security5 (including, without limitation, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the website or its associated services for review by Security5, the general public, and/or by the members of any public or private community (each a “Submission” and collectively “Submissions”), and such Submissions shall be deemed not to be confidential. However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Security5, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Security5 services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and market products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the website.
No compensation will be paid with respect to the use of your Submission, as provided herein. Security5 is under no obligation to post or use any Submission you may provide and Security5 may remove any Submission at any time in its sole discretion.
You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not Security5, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the website. Security5 does not control the Submissions posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the website, you may be exposed to Submissions from others that are offensive, indecent or objectionable.
Security5 or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, programs, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Security5’s products, services, or marketing strategies might seem similar to ideas submitted to Security5. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Security5 makes no assurances that your ideas and materials will be treated as confidential or proprietary.
X. INTENDED AUDIENCE
The intended audience for this Website are those located in the United States of America who are at least 18 years of age.
XI. DISCLAIMER OF WARRANTIES; INDEMNIFICATION
Security5 makes no representations or warranties in relation to this Website or the information and materials provided on this Website. Security5 makes no representations about the results to be obtained from using the Website, the Security 5 Systems, the Services, the Information or the Content. The use of same is at your own risk.
Without prejudice to the generality of the foregoing paragraph, Security5 does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.
XII. LIMITATIONS OF LIABILITY
Security5 will not be liable to You (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
- To the extent that the Website is provided free-of-charge, for any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
XIII. LINKS TO OTHER SITES AND/OR MATERIALS
- Inbound Links. Linking to any page of the Website other than the root page (i.e., https://www.onalert24-7.com) through a plain text, button, or other link is strictly prohibited in the absence of a separate linking agreement with Security5. Any website or other device that links to this Website is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Security5 or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Security5 or any of its affiliates, (e) presenting false information about Security5 products or services, and (f) using any logo or mark of Security5 or any of its affiliates without express written permission from Security5.
XIV. THIRD PARTY PRODUCT VENDOR
XV. GOVERNING LAW AND LANGUAGE
XVI. ARBITRATION, JURISDICTION AND VENUE
To the fullest extent permitted by law, You hereby expressly agree that any and all claims, disputes, and proceedings arising out of or relating to your use of the Website, the Security5 Systems, Information, Services and Content shall be subject to the exclusive jurisdiction and settled by binding arbitration in San Diego County, California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in website disputes/experience and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Notwithstanding the foregoing, You acknowledge that a violation by You of this Agreement may cause irreparable harm to Security5, and You agree that, in addition to any other remedies provided by law, Security5 shall be entitled to seek injunctive relief against any such violation in a court of competent jurisdiction without having to post a bond.
By using this Website, You agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If You do not think they are reasonable, you must not use this Website.
XVIII. UNENFORCEABLE PROVISIONS
If a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to affect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect.
XIX. ENTIRE AGREEMENT
You agree that Security5, in its sole discretion, may terminate or suspend Your use of the Website, the Security5 Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (1) discontinue use of the Website, and (2) destroy any copies You have made of any portion of the Content. Accessing the Website, the Security5 Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Security5 shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the Security5 Systems, Information and/or the Services.