Terms of Service
Alert Family aims to improve the safety and security of users by providing location, alert and communication services. This page describes the terms of use for the Alert Family services. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, Services, features, software, or website (together, “Services”).
Welcome to Alert Family, the website and online service of Surroundapps, Inc. (“
Company,” “
we,” or “
us”). This page explains the terms by which you may use our online and/or mobile services, web site, and software
provided on or in connection with the service (collectively the “
Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this
Terms of Use Agreement (“
Agreement”) and to the collection and use of your information as set forth in the
Please read this agreement carefully to ensure that you understand each provision. This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By accessing or using the service, you indicate your consent to this agreement.
1. Use of the Service
A. Eligibility
You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under 13 is strictly prohibited from creating an account for the Service. In addition, anyone under 13 may only accept invitations from parents / legal guardians to join their account. The Service is not available to any Users previously removed from the Service by us.
B. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any
part of the Service in any medium, including without limitation by any automated or
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
C. License to Use the Service
Subject to the terms and conditions of this Agreement, you are hereby granted a
D. Accounts
Accounts that you are able to establish with the Service give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing settings that are made available to you.
2. Service Availability and Our Right to Terminate
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are responsible for all the mobile data usage resulting from the use of Service. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
3. User Content
Some areas of the Service allow Users to post content such as profile information, comments, questions, and other content or information (any such content a User submits, posts, displays, creates, or affirmatively chooses to make available on the Service is “ User Content”). User Content does not include information about your phone or device. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to the User Content License Grant below, and to allow others to view, edit, and/or share your User Content in accordance with your settings and
this Agreement. Company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury,
emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person,
or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to
harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details
or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that
we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive
of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous,
threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including,
without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under
contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct
and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics;
(x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue
in an interactive area of the Service and deleting or revising any content posted by another person or entity;
(xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise
arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities
(including offers of employment or contracting arrangements), club memberships, chain letters or letters relating
to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use
goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or
contractor whom you contact through areas of the Service that may be designated for that purpose is between you
and that employer, employee, or contractor alone, and not with us. You may not copy or use personal identifying
or business contact information about other Users without their permission. You agree that any User Content that
you post does not and will not violate
and/or remove any User Content that Company believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
A. You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B. Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of User Content.
4. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all
rights necessary to grant, to Company a
5. Mobile Software
A. Mobile Software.
As part of the Service, we make available software and/or applications designed for mobile devices (“
Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Company
does not warrant that the Mobile Software will be compatible with your mobile device. Company hereby grants you
a
(iv)
remove, circumvent, disable, damage or otherwise interfere with
States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by
the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS
B. Mobile Software from iTunes.
The following applies to any Mobile Software you acquire from the iTunes Store
Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible
for the investigation, defense, settlement and discharge of any such intellectual property infringement claim
to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries,
are third party beneficiaries of this Agreement as relates to your license of the
6. Our Communications with You
By providing Company your email address you consent to our using the email address to send you
7. Our Proprietary Rights
Except for your User Content, the Service and all materials and information therein or transferred thereby, including, without limitation, information about your phone or device, or data that is otherwise generated, collected or transmitted through use of the Service or Mobile Software, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “ Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation
about how to improve the Service or our products (“
Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction
and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without
any additional compensation to you, and/or to disclose the Idea on a
8. Features of the Service
The Service includes a number of features which may or may not be available to you depending on which features you elect and, where required, pay or subscribe to use. Some of the Service features require Mobile Software to be installed on the devices that the features apply to. This section identifies some of the types of features that are part of the Service, and that may be available for you to use or pay or subscribe to use, along with important information about those features.
A. Location Information Features.
There are features that are designed to collect and share location information, about you and other individuals who
use the Service. These features require the corresponding Mobile Software to be installed on the device for which
location data will be provided, and the features may not work if the corresponding settings to allow the collection
and sharing of information and location information are not enabled. In addition, the features may not work for
a variety of reasons, such as if the device that the Mobile Software is installed on is not powered on and connected
to the wireless service provider’s network (e.g., it will not work if the phone is connected to a
If you use features designed to collect and share location information, the Service will periodically access and collect information about your device and location (such information will be Company Content under this Agreement). By using the features designed to collect and share information, you represent and warrant that you have consented, to use the service and to allow it to access and collect such information.
B. Registration
You must register for our Services using accurate data, provide your current mobile phone number or email address. You have to follow the same process while installing the account of other members as well. You won’t be able to continue with Alert Family if you provide any wrong information. Also for providing any wrong information Alert Family will not take any responsibility.
C. Address Book
You provide us the phone numbers of Alert Family users while registering. By this you confirm you are authorized to provide us such numbers to allow us to provide our Services.
D. Age
You must be at least 18 years old to use our Services. For other case you must be authorized to use our Services without parental approval. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf. As we maintain two different account i.e guardian and member therefore if any minor want to be the guardian s/he must take approval from the parents first.
E. Devices and Software:
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
F. Fees and Taxes
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
9. Our Use and Storage of Customer Data
Alert Family’s primary goal is not to store your any of the data. So we don’t promise to keep or store your data on any of the server of Alert Family. But for a time being we might store your data and also we might have to disclose your data if:
There is any emergency occurs like if the law enforcement agency requires the data or if it harm to others.
You acknowledge that you have read Alert Family’s Privacy Policy and understand that it sets forth how we will collect, store, and use your Customer Data. “Customer Data" consists of information made available to us through your use of our Services under these Terms, which includes information such as your name, contact information, billing records, call or messaging logs, and traffic routing information, as well as the content of communications sent through or integrated with our Services, such as audio recordings, message bodies, and call recording transcriptions. If you do not agree to Alert Family’s Privacy Policy, you must stop using our Services.
Except as agreed by Alert Family and you in writing, Alert Family may periodically delete your Customer Data. Further, data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data.
You further acknowledge and agree that we may access or disclose Customer Data, including the content of communications stored on our systems, if: (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request, (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our Services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.
10. Acceptable use of our Services
Our Terms and Policies: You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use: You must access and use our Services only for legal, authorized, and
acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate,
or infringe the rights of Alert Family, our users, or others, including privacy, publicity, intellectual property,
or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful,
racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate,
including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements;
(d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging,
Harm to Alert family or Our Users: You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services ; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services ; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services ; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services ; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keep Your Account Secure: You will be responsible for keeping your device and your Alert family account safe and secure. You must notify us instantly of any unauthorized use or security breach of your account or our Services.
11. Licenses
Your Rights: Alert family does not claim ownership of the information that you submit for your Alert family account or through our Services. You must have the necessary rights to such information that you submit for your Alert family account or through our Services and the right to grant the rights and licenses in our Terms.
Alert family’s Rights: We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our guidelines.
Your License to Alert family: In order to operate and provide our Services, you grant Alert family a worldwide,
Alert family’s License to You: We grant you a limited, revocable,
12. Availability and termination of our Services
Availability of Our Services: Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination: We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others.
13. Additional Policies and Information about the Service and Service Features
This section contains additional policies and information about the Service and Service features including geographic coverage information, billing policies, and pricing and payment terms.
A. Geographic Coverage.
The Service is designed for residents of the contiguous U.S., Alaska, and Hawaii, though some features of the Service may not work in areas outside the wireless service coverage area for the phone that the Mobile Software is installed on.
B. Billing Policies.
If you elect to use features of the Service that have charges or subscriptions (“Subscription Features”) you agree to the pricing and payment terms and that we may update them from time to time. Company may add new features for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
C. Pricing and Payment Terms
i. Subscription/access fees are payable in advance.
All subscription and access charges for the Subscription Features are payable in advance. Company is not responsible
for any charges or expenses you incur resulting from charges billed by Company in accordance with this Agreement
(e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment
method with advance authorization features (e.g. some PayPal accounts, or
Company. Company reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.
ii. Subscription accounts may have a trial period.
After initial registration of certain Subscription Features, you may be given an initial trial period beginning with
your first login to your account. You may cancel your account at any time during the trial. If you want to change
your account type, you may do so at any time (either before or after the trial period). You are limited to one
trial per person (credit card or other unique payment or identification method) for any
iii. Payment methods.
Company accepts payments through only a few specific payment method system. For details please follow the link
:
alertfamily@surroundapps.com. Company requires that you provide the security code for your debit or credit card to help protect against
the unauthorized use of your card by other persons. The security code is an individual three- or
iv. Pricing Changes
Prices for Subscription Features may change from time to time, in Company’s sole discretion. If they do, and you currently have Subscription Features, Company will provide you with notice of the change through the Service or in email to you, at Company’s option, at least 30 days before the change is to take effect. Your continued use of the Subscription Features after price changes become effective constitutes your agreement to pay the changed amount. If you do not agree to the new prices, please follow the instructions in the “Closing Your Account” section below. You
(and not Company) are responsible for any charges or fees payable to third parties in connection with the Service, such as ambulances and other emergency responders.
D. No Refunds.
You may cancel your account at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon cancelling any Subscription Features, your subscription will be valid until your paid period is completed.
E. Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
F. Battery Usage
Use of the Service or Service features that require the use of Mobile Software may use a significant amount of power from the battery of any device that the Mobile Software is installed on. You may wish to limit your use of these or other services on your device to the times when they are necessary (e.g., you may want to turn off certain Service features when you are not driving, or you may want to turn off other applications and services when you are driving), or where possible, you might wish to keep your phone plugged into a power source.
14. Closing Your Account
You may cancel your Subscription Features at any time. To cancel your Subscription Features, email tech@surroundapps.com . If you send an email, include your name, the email address you registered with, and a phone number where you can be reached. In general, your account will be canceled within 5 business days of your cancelation request.
15. No Professional Advice
If the Service provides professional information (e.g. medical or legal), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
16. Privacy
We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our http://surroundapps.com/alertfamily/privacypolicy.html , and to have your personally identifiable information collected, used, transferred to and processed in the United States.
17. Security
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
18.
The Service may contain links to
19. Indemnity
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other
affiliated companies, and their employees, contractors, agents, officers and directors, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited
to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted
or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach
of any of the representations and warranties herein; (iii) your violation of any
20. No Warranty
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum
extent permitted by applicable law, the service is provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose,
privacy, security, accuracy, timeliness, quality, or
for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and company will not be a party to or in any way monitor any transaction between you and third- party providers of products or services.
Some states do not allow for the disclaimer of certain warranties, so the disclaimers above may not apply to you.
21. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein. To the maximum extent permitted by applicable law, company assumes no liability or responsibility for any (i) errors, omissions, mistakes, or inaccuracies from the service or results that are obtained from use of the service (e.g., data, information, location, crash detection or reporting, emergency assistance, etc.); (ii) personal injury, death, or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service;
(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (vii) user content or the defamatory, offensive, or illegal conduct of any third party; and/or (viii) any action or inaction of third parties. In no event shall company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you or any user for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount
you paid to company hereunder in the six months prior to the event giving rise to the liability, or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The service is controlled and operated from facilities in the United States. Company makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable united states and local laws and regulations, including but not limited to export and import regulations. You may not use the service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the service are solely directed to individuals, companies, or other entities located in the United States.
22. Governing Law and Arbitration A. Governing Law.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed
a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions
other than California. This Agreement shall be governed by the internal substantive laws of the State of California,
without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction
involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any
arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act
(9 U.S.C. §§
for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
B. Arbitration.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from company. In the unlikely event that company has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any company claims for injunctive or other equitable relief) arising out of or in connection with or relating to these terms of use, or the breach or alleged breach thereof (collectively, “ claims”), by binding arbitration by the judicial mediation and arbitration services (“ jams”) under the optional expedited arbitration procedures then in effect for jams, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and company agree otherwise. Each party will be responsible for paying any jams filing, administrative and arbitrator fees in accordance with jam’s rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing company from seeking injunctive or other equitable relief from the courts as necessary to protect any of company’s proprietary interests. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
23. General
A. Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement.
Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
C. Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and 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.
D. No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Other
∙ We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
∙ Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
∙ Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
∙ Any amendment to or waiver of our Terms requires our express consent.
∙ We may amend or update these Terms. We will provide you notice of amendments to our
Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
∙ All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
∙ You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
∙ Nothing in our Terms will prevent us from complying with the law.
∙ If we fail to enforce any of our Terms, it will not be considered a waiver.
∙ We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
∙ We always appreciate your feedback or other suggestions about Alert family and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
24. Accessing Alert family's terms in different languages
To access our Terms in certain other languages, change the language setting for your Alert family session. If our Terms are not available in the language you select, we will default to the English version.
25. Intellectual Property:
Except for the rights expressly granted herein, these Terms of Service does not grant either party any rights, implied or otherwise, to the other’s content or other intellectual property.
Ownership and Confidentiality: What’s ours is ours, and what’s yours is yours. As between you and Alert Family, we exclusively own and reserve all right, title and interest in and to our Services. As between you and Alert Family, you exclusively own and reserve all right, title and interest in Your Applications and the content of any communications sent through integration with our Services.
Please let us know what you think about Alert Family and our Services. By the way, though, if you send us feedback, then we can use it and we don’t owe you anything for it.
Suggestions and Contributions: We welcome your feedback on our Services. But please know that by submitting suggestions
or other feedback about our Services (“Contributions") you agree that: We are not under any obligation of confidentiality
with respect to your Contributions; We may use or disclose (or choose not to use or disclose) your Contributions
for any purpose and in any way; you irrevocably,
If you use Alert Family, then we can use your company’s name and logos in marketing and promotional materials.
Use of Marks: Subject to these Terms, we both grant each other the right to use and display each other’s name and
logo (the Licensor Marks) on our respective websites and in other promotional materials solely in connection
with each of our respective activities under these Terms. All of this use of the Licensor Marks will be in accordance
with the each other’s applicable usage guidelines and will inure to the benefit of Licensor. The one of us using
the other’s Licensor Marks under this subsection will not use, register or take other action with respect to
any of the Licensor Marks, except to the extent allowed in advance in writing by the one of us whose Licensor
Marks are being used. In using the Licensor Marks under this subsection, the one of us using the other’s Licensor
Marks will always use the
We both agree not to tell anyone else about confidential information that we get from each other. Also, we both agree to only use each other’s confidential information as agreed to in these terms.
Confidentiality: "Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.
Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party's prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law. Money alone may not be enough to make us whole if one of us breaks our promise of confidentiality. So, we both can seek other remedies (like gag orders), if needed.
Injunctive Relief: The parties expressly acknowledge and agree that no adequate remedy exists at law for an actual
or threatened breach of this Section and that, in the event of an actual or threatened breach of the provisions
of this Section, the
26. Contact:
For any questions or comments or complaints or claims with respect to the Product please contact:
SurroundApps, Inc.
304 S. Jones Blvd #1781,
Las Vegas NV 89107, USA
Email:
websales@surroundapps.com, &
tech@surroundapps.com
Web: www.surroundapps.com
Copyright © 2011 SurroundApps.com . All Right Reserved.