Terms of Use

Security5’s Terms of Use

I. INTRODUCTION

PLEASE READ THE FOLLOWING WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”).  THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE.  THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.  BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

 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.

III. SCOPE OF TERMS OF USE

These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement.  Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website (“Service Agreement(s)”).  Any such Service Agreement accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

IV. MODIFICATIONS OF TERMS OF USE

Security5 may revise and update these Terms of Use at any time.  Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes.  Any aspect of the Website maybe changed, supplemented, deleted or updated without notice at the sole discretion of Security5.  Security5 may also change or impose fees for products and services provided through the Website at any time in its sole discretion.  Security5 may establish or change, at any time, general practices and limits concerning other Security5 products and services in its sole discretion.

V. LICENSE AND OWNERSHIP/LICENSE TO USE WEBSITE/INTELLECTUAL PROPERTY

Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of Security 5, its affiliates or third parties.  The Content is protected by copyright and other laws in both the United States and other countries.  Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.  All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of Security5, its affiliates or other entities that have granted Security5 the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Security5.  Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property of the Website in any way without Security5’s or the appropriate third party’s prior written permission.  Except as expressly provided herein, Security5 does not grant to You any express or implied rights to Security5’s or any third party’s 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.

 VI. PRIVACY POLICY

Security5 respects the privacy of its Service users.  The Security5 Privacy Policy governs the use of information collected from or provided by You at the Website.  Please refer to Security5’s Privacy Policy which can be found by visiting www.onalert24-7.com/privacy which explains how Security5 collects, uses, and discloses information that pertains to your privacy.  With respect to any individual whose personal information is provided by You to Security5, You represent to Security5 that you have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the Security5 Privacy Policy, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

When you access or use the service, you signify your agreement to this Privacy Policy

VII. COOKIES

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Security5’s use of cookies in accordance with the terms of Security5’s Privacy Policy.

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.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the website, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the website, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the services or materials on the website (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Images without having your name attached to such Images, 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 Images.

You acknowledge that Security5 does not pre-screen Submissions, but that Security5 and its designees have the right, but not the obligation, in their sole discretion to block or restrict access to or the availability of, or to disable, any Submissions that is available via the website. Without limiting the foregoing, Security5 and its designees may disable, restrict access to or the availability of, any Submissions that violates the Terms of Use or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.

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.

This Website, the Security5 Systems, the Information, the Services and the Content are provided on an “as is” basis, without any representations or warranties, express or implied.  Security5, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.  Security5 and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the Website or the Security5 Systems.  No information obtained by You from the Website shall create any warranty not expressly stated by Security5 in these Terms of Use.

Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to You.  If you are dealing as a consumer, Your statutory rights that cannot be waived, if any, are not affected by these provisions.  You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these Terms of Use are fair and reasonable.

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.

You agree to indemnify, defend and hold Security5, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Submissions, your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.

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.

These limitations of liability apply even if Security5 has been expressly advised of the potential loss.  To the extent permitted by law, the remedies stated for you in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

XIII. LINKS TO OTHER SITES AND/OR MATERIALS

  • Outbound Links. The Website may contain links to third-party Website and resources (collectively, “Linked Sites”).  These Linked Sites are provided solely as a convenience to You and not as an endorsement by Security5 of the content on such Linked Sites.  Security5 makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site.  Security5 is not responsible for the availability of Linked Sites or the content of activities of such sites.  If You decide to access Linked Sites, You do so at Your own risk.  In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
  • 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

The ordering of products, services, or both through the Website is handled through a third-party vendor, which may have its own set of Terms of Use and Privacy Policy, which You may be subject to as well.

XV. GOVERNING LAW AND LANGUAGE

To the fullest extent permitted by law, these Terms of Use are governed and interpreted by the internal substantive laws of the State of California, U.S.A. Security5 controls and operates this website from its headquarters in various locations in the state of California in the United States of America and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

To the fullest extent permitted by law, the controlling language for these Terms of Use is English.  Any translation has been provided for your Convenience, and You may view the English language version by (a) returning to the home page for the country that You have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the Website Terms of Use located at the bottom of the page.

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.

To the extent that any lawsuit is permitted under this Terms of Use, the Parties hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in the county of San Diego, State of California.

XVII. REASONABLENESS

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

Except as expressly provided in a separate license, service or other written agreement between you and Security5, these Terms of Use constitute the entire agreement between you and Security5 with respect to the use of the Website, the Security5 Systems, and any software or Service, Information and Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

XX. TERMINATION OF TERMS OF USE

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.

 XXI. GENERAL

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.