Welcome to ShieldPro! These Terms of Service are a written contract (the “Agreement”) between you and/or your company (collectively, “you”) and Crorzar, LLC dba ShieldPro (“Company,” “we” or “us”) and apply to:
This document sets forth the terms and conditions applicable to your use of the products and services offered by ShieldPro (collectively, the “Services”), including the Identity Protection Program ("IDP") that is accessible through the Experian (collectively, the “Terms”).
If you don’t agree to this Agreement, then you must stop using the Products, Services, and Website.
This Agreement contains an “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.
Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.
Under this Agreement,ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES, THIS AGREEMENT, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.
The arbitration must be filed and conducted through JAMS (www.jamsadr.org), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The laws of Missouri govern this Agreement. The arbitrator will apply Missouri law to the claims in the arbitration.
In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.
The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.
Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts located in or nearest to St. Peters, Missouri. This exception for equitable relief does not waive our Arbitration Agreement.
No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.
However, if numerous substantially similar claims are filed against either you or us by multiple parties (i.e., more than three) within a six-month period, either party may elect to proceed under JAMS’ Mass Arbitration Procedure and Guidelines, which election will be binding on all parties.
ShieldPro is a self-installed home security system. Our customers select and purchase Devices, install them at their home or other location (the “Premises”), and access and control them via our Apps or integrated third-party services, such as Amazon Alexa or Google Home. Users of our Devices may also have the option of subscribing to our Services by paying monthly or annual fees. Depending upon the “Services Plan” selected by a particular customer, these Services may include the ability to save, access and share Device recordings, communicate with persons on the Premises via the Devices, communicate with other members of our online “Community” of users, and connect with police, fire, paramedics, and other emergency responders (collectively “Emergency Responders”) in the event of an emergency.
We are not an insurance company, and our Products and Services are not a substitute for valid and sufficient insurance coverage of your Premises, the structure, the occupants, and the contents thereon. We do not insure your Location against any theft, fire, property damage, personal injury (including serious injury or death), or other damages. The fees you pay for the Products and Services, including any Services Plan fees, are not insurance premiums.
Waiver of Subrogation: To the fullest extent permitted by applicable law and your insurance policy or policies, you release ShieldPro and its employees and service providers from all liability for any loss, occurrence, event or condition covered by your insurance.
We are not Emergency Responders , and we have no control over whether Emergency Responders choose to respond to a call for Emergency Responder assistance to your Premises that is initiated through your Device or the Services. While some Services Plans may include attempts by our “Monitoring Center” to contact Emergency Responders on your behalf, we make no promise or other guarantee that they will do so.
We do not engage in door-to-door in person sales. All Products and Services are purchased by consumers at their own initiative through our Website, Apps, or third-party retailers.
We do not provide installation or maintenance service for Devices. ShieldPro is a DIY security system. You are exclusively responsible for installing Devices at your Premises and ensuring they have ongoing power supply (including by regularly charging Devices or replacing batteries, where applicable) and access to Connectivity Services, as discussed more fully below.
Third parties are any person or business other than you or us—in other words, someone who is not a party to this Agreement. Here are a few examples of third parties:
Third-party Content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Website or Services, including the Community, by a third party. Third parties are solely responsible for their own Content. We do not review all third-party Content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party Content.
The Website may contain links to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website. Except where we have expressly indicated an affiliate relationship or other endorsement, we don’t represent or endorse third-party websites, apps, information, goods, or services.
As discussed below, many jurisdictions have anti-surveillance and other privacy laws that impose responsibilities and restrictions on your use of the Products and Services, particularly when it comes to monitoring or recording third parties without their knowledge or consent. These laws vary from state to state and, in some instances, from city to city, and it is up to you to understand and comply with the applicable laws in your jurisdiction. You are not authorized to use the Website, Apps, Products or Services in a manner that violates any applicable law or ordinance or that infringes any third-party’s rights, including intellectual property, real property, or privacy rights.
You are exclusively responsible for installing Devices at your Premises and ensuring they have ongoing power supply (including by regularly charging Devices or replacing batteries, where applicable) and access to Connectivity Services, as discussed more fully below. You should frequently test each Device to ensure it is in working order and connected with the Services.
When installing Devices that are capable of monitoring or recording, it is up to you to choose the best location for the Device, taking into account the goal of surveilling the Premises without violating the privacy expectations or rights of members of your household, other occupants of the Premises, or other third parties. As you choose the location for your Devices, please keep in mind that, in order to provide the Services, we and/or third parties may have access to “live view” on your Devices and any recordings made or saved by your Devices (“your Recordings”) in connection with Triggering Events. However, we recommend choosing locations for your Devices where they are unlikely to capture footage of persons in a bathroom or changing room, dressing or undressing, or engaging in sexual or other private activities. By choosing the location of your Devices, you assume all risks associated therewith. Access to your Devices and Recordings is discussed in more detail in our Privacy Policy.
From time to time, we may develop new features, upgrades, bug fixes, patches, and other updates for our Devices and related software (collectively, “Updates”) that improve the performance and security of our Products and Services. You hereby agree to the automatic installation, or pushing, of Updates to your devices, and that we may do so without providing prior notice of the same or obtaining additional consent from you.
At times, you may be required to consent to Updates or take certain actions with respect to your Devices before the Updates may be installed. In such cases, you agree to follow all directions provided and timely install all Updates and assume all risk for failure to do the same.
The Products and Services are designed to transmit signals to our monitoring center through a variety communications networks, signals, equipment and technologies, including: broadband, fiber optic, satellite, DSL, Wi-Fi, cellular, wireless, and landlines (collectively, “Connectivity Services”). For example, your internet service provider (ISP) is a Connectivity Service that enables certain functions of the Products and Services. You understand and acknowledge that we have no control over third-party Connectivity Services, and that such Connectivity Services may be unavailable, interrupted, circumvented, or otherwise compromised, thereby affecting the functionality, availability, reliability, and security of our Products and Services.
Moreover, your ability to use the Devices and Services, including certain functions thereof, is dependent on your procurement of adequate Connectivity Services at your Premises. For example, if there is weak or no cellular service at your Premises, or if you are dependent on an ISP with low speeds, your ability to use all features of the Devices or Services may be compromised or even impossible. It is up to you to determine the compatibility of the Devices and Services with your Connectivity Services prior to purchasing Devices or enrolling in any Services Plan.
IF YOU PURCHASE DEVICES THAT ARE OR INCLUDE SMOKE DETECTORS, CARBON MONOXIDE DETECTORS, DOOR LOCKS, OR THERMOSTATS, THERE MAY BE SPECIFIC REQUIREMENTS OR STANDARDS FOR THE INSTALLATION, MAINTENANCE, PERMITS, AND LOCATION OF SUCH DEVICES. CONTACT YOUR LOCAL AUTHORITY HAVING JURISDICTION OR CONSULT A QUALIFIED PROFESSIONAL TO ASSIST IN THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. YOU HAVE THE SOLE RESPONSIBILITY TO COMPLY WITH ANY AND ALL LOCAL REGULATIONS (E.G., CODES, LAWS AND STANDARDS) THAT MAY APPLY TO THE INSTALLATION, PLACEMENT, USE AND MAINTENANCE OF THESE DEVICES. WE DISCLAIM ANY WARRANTY OR REPRESENTATION THAT ANY SMOKE DETECTORS AND/OR CARBON MONOXIDE DETECTORS SOLD BY US CONSTITUTE A FIRE ALARM SYSTEM OR MEETS THE REQUIREMENTS OF ANY APPLICABLE LOCAL REGULATION IN THE JURISDICTION OF YOUR PREMISES OR ANY INDUSTRY STANDARD INCLUDING, BUT NOT LIMITED TO, NFPA 72.
From time to time, at our exclusive discretion, we may enable your ability to integrate and/or control your Devices with third-party platforms, such as smart home platforms. Your use of such third-party platforms is governed by the third-party’s terms of service, privacy policy, and security features, and we have no control over these things. We are not responsible for any malfunction, loss of Services, security incidents, or other events resulting from your integration of your Devices with third-party platforms and you do so at your own risk.
We offer a variety of Services to enable and support your ongoing use of our Devices. At our exclusive discretion, some Services are provided upon your purchase of a Device (e.g., customer service, account registration, use of the Apps), and others are provided for an additional fee as part of your Services Plan (e.g., recording services, recording storage, ability to participate in the Community, and connection with Emergency Responders.)
You may modify or cancel your Services Plan at any time by logging into your Account on the Apps or Website. For security purposes, a Services Plan may only be changed or canceled by the primary account holder. See the “Payments” section below for further information on changing or cancelling your Services Plan and the effect on your Services Plan fees.
We may ask you to create a user account (your “Account”) as part of the installation process for your Devices or in order for you to access the Apps or certain parts of the Website. You promise that you will only provide complete and accurate information to us in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and delete all your Content.
It is up to you to ensure your username and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.
If your Services Plan includes data storage for your Recordings, it may include size (e.g., 1GB of storage) or timeframe (e.g., 3 months old) limitations on the amount of data we will store for you or the timeframe for which we will store it. Accordingly, it is up to you to regularly download or otherwise backup any Recordings that are important to you. We reserve the right to delete your Recordings and other Data in accordance with the limitations of your Services Plan and you assume all risk of failure to backup the same.
We refer to all content uploaded, posted, or communicated by you to the Website, Apps, Community, or Services as “Content.” Your Content includes your Recordings, your Community posts and comments, images, photographs, profile pictures and information, artwork, music, literary works, gifs, memes, reviews, comments, ratings, and your interactions with other users through the Website (both public and private messages). Your Content includes all Content posted through your Account, regardless of whether you personally posted it.
It is up to you to make sure that your Content obeys this Agreement and all Applicable Laws. It is not an excuse to say you did not understand the law, that you were simply reposting another user’s Content, or that you’ve seen similar Content posted by others. Once you decide to post it, the Content becomes your responsibility.
You agree not to post any of the following types of Content:
When you post prohibited Content, it creates legal problems for you and our Company. If a third-party asserts any legal claims against us regarding your Content, you agree that you will indemnify, defend, and hold harmless our Company for and against all claims asserted by third parties (including, without limitation, other users) that arise out of or relate to your Content. This means you will pay all attorneys’ fees and other costs we incur to defend our Company in a lawsuit related to your Content. As you can see, it’s easier and cheaper if you don’t post the prohibited Content in the first place!
To prevent such claims from happening, we reserve the right to remove or edit your Content but we have no obligation to do so and we do not conduct such reviews as a matter of practice.
If your Content contains any reviews or comments—including reviews of the Website, Products, and Company, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted to your Content, Company will have the right to republish all or part of your reviews and comments on the Website, Company’s social media accounts, advertising, and other media as Company deems fit.
Many jurisdictions have laws, regulations, and licensing or permitting requirements related to security systems, alarms, and/or requests for emergency response (collectively, “Local Regulations”). For example, many Local Regulations require registration of alarm or security systems on a municipal or county level and payment of an annual permitting fee.
For Local Regulations in your jurisdiction that apply to us as provider of the Services, you understand and agree that we may need to amend, conform, or modify the Services available to you in order to comply with such Local Regulations. No refunds, whether in whole or in part, will be given for modification of Services mandated by Local Regulations.
For applicable laws that apply to you as the owner of the Products, user of the Services, or occupant of the Premises, you agree to research and comply with all laws, regulations, licensing or permitting requirements related to security systems, alarms, and/or requests for emergency response in the jurisdiction where your Premises is located. You understand and agree that you are solely responsible for any ticket, fine, late fee, charge, claim, or other penalty or damages incurred by you as a result of your failure to comply with Local Regulations.
Certain Devices may allow monitoring or recording of spaces, persons, and conversations on your Premises, whether independently or in conjunction with the Website, Apps and/or Services.
When installing Devices that are capable of monitoring or recording, it is up to you to choose the best location for the Device, taking into account the goal of surveilling the Premises without violating the privacy expectations or rights of members of your household, other occupants of the Premises, or other third parties. As you choose the location for your Devices, please keep in mind that, in order to provide the Services, we and/or third parties may have access to “live view” on your Devices and your Recordings in connection with Triggering Events. As such, we recommend choosing locations for your Devices where they are unlikely to capture footage of persons in a bathroom or changing room, dressing or undressing, or engaging in sexual or other private activities. By choosing the location of your Devices, you assume all risks associated therewith. Access to your Devices and Recordings is discussed in more detail in our Privacy Policy.
Many state and federal laws and Local Regulations (collectively, “Applicable Laws”) have anti-surveillance and other privacy laws that impose responsibilities and restrictions on your placement use of monitoring and recording Devices, particularly when it comes to monitoring or recording third parties without their knowledge or consent where they have a reasonable expectation of privacy. For example, many states prohibit the placement of monitoring and recording Devices in certain employee areas of a workplace. These laws vary from state to state and, in some instances, from city to city, and it is up to you to understand and comply with the Applicable Laws in your jurisdiction. You are not authorized to use the Website, Apps, Products or Services in a manner that violates any Applicable Laws or that infringes any third-party’s rights, including intellectual property, real property, or privacy rights.
When you place a monitoring or recording Device and/or when you subscribe to or use monitoring or recording Services, you consent to the monitoring and recording of spaces, persons, and conversations on your Premises in areas that are viewable or capable of being recorded by such Device and/or Services.
If you are the parent of children who occupy or visit the Premises, you understand and consent to the possibility that your children may be monitored or recorded through the Devices and/or Services you install or use in areas of the Premises that are accessible by your children. Additional information about our handling of children’s data is available in our Privacy Policy.
Where required by Applicable Laws, it is your responsibility to notify all persons who may be monitored or recorded by a Device or the Services of the presence of the Device, that recording and/or monitoring may take place, and to obtain their informed consent of the same. Some Applicable Laws may require that consent be obtained in writing, or that consent be obtained from parents or legal guardians of children who may be subject to the monitoring and recording activities.
You agree not to monitor, intercept, or record (including by eavesdropping through Devices) any oral communication of any third party without obtaining such third party’s written or recorded consent.
If your Services Plan includes “Monitoring Services,” then upon the occurrence of a “Triggering Event” at your Premises communicated to our “Monitoring Center” by one or more of your Devices, Monitoring Center personnel will, first, attempt to contact you to determine whether the Triggering Event was a false alarm. If the Monitoring Center is unable to confirm the Triggering Event was a false alarm (e.g., if they are unable to reach you or if you indicate there is an emergency on the Premises), the Monitoring Center will attempt to contact Emergency Responders on your behalf. We cannot and do not promise or guarantee that Emergency Responders will respond to the call, will be dispatched to the Premises, will provide any other assistance, or will be successful in preventing any burglary, robbery, medical emergency, personal injury (including death) or property damage on the Premises.
As used herein, a “Triggering Event” means a Device alarm or other coded event, according to your Account and Device settings.
Monitoring Services are not intended to replace 9-1-1 or other direct contact between you and Emergency Responders, where possible. If you are on the Premises and require the assistance of Emergency Responders, you should request immediate assistance by dialing 9-1-1 or such other telephone number for Emergency Responders local to your Premises.
We may subcontract operation of our Monitoring Center to third parties. For additional information on how personal information is shared with third-party vendors, please see our Privacy Policy.
For Service Plans that include Monitoring Services, our Monitoring Center will respond to Triggering Events according to the following procedures—unless Local Regulations require a different procedure, in which event our Monitoring Center will comply with the Local Regulations.
As indicated below, the Monitoring Center will comply with any alarm verification requirements in Local Regulations and, even where alarm verification is not required, the Monitoring Center may implement alarm verification procedures. This means the Monitoring Center will contact you and/or others on your call list (according to your Account settings) to verify that the Triggering Event is a valid emergency before contacting Emergency Responders.
Access to Device Usage and Video Feeds
In the event that a Triggering Event is not cancelled by the user or Premises within a reasonable timeframe, the Monitoring Center and Emergency Responders may obtain access to certain Device usage data, your Recordings and/or video fees to help them determine the nature and severity of the Triggering Event and potential danger posed to any persons on the Premises.
Residential Fire Alarms
Commercial Fire Alarms
Carbon Monoxide Alarms
Elevator, Call Boxes and Area of Refuge Alarms
Residential and Commercial Standard Medical Alarms
Residential Duress (Panic, Keypad Alert, Hold-Up, Keyfob) Alarms
Commercial Duress (Panic, Keypad Alert, Hold-Up, Keyfob) Alarms
Residential and Commercial Burglary Alarms
Burglary Alarm with Abort, Cancel or Open
Residential and Commercial Environmental Alarms
Residential and Commercial Security General Trouble Signals
Residential and Commercial Fire/Waterflow Trouble Signals
Additional Processes
Additional Information
In order for you to familiarize yourself with the Products and Services, your Devices will be put in “Test Mode” for the first three (3) days after you activate your Base Station Device (the “Test Period”) so that you may practice using your security Devices and system and avoid False Alarms. During the Test Period, Monitoring Services will be unavailable and no Emergency Responders will be called in response to a Triggering Event, even if it is a valid emergency. If you experience a Triggering Event during the Test Period, it is your responsibility to contact Emergency Responders yourself.
If, upon the occurrence of a Triggering Event, the Triggering Event is cancelled through one of your Devices or your Account on the Website or Apps (for example, if you trigger an alarm but immediately enter your security code to cancel the alarm), the Monitoring Center has the right to rely on such cancellation and cease all Monitoring Services in response to the Triggered Event. Accordingly, if you cancel a Triggered Event, Emergency Responders will not be sent to your Premises by the Monitoring Center.
You are solely responsible for any Triggering Events that are not bona fide emergencies and that are not cancelled before Emergency Responders have been contacted by the Monitoring Center (“False Alarms”). In the event that either Company or its Monitoring Center incurs any fines, fees, costs, expenses, or penalties relating to your False Alarms, you agree to promptly reimburse us for the same. In addition, you understand and acknowledge that your local authorities (e.g., police, emergency response, or code enforcement) may ticket, fine, or otherwise penalize you for false alarms, excessive false alarms, or failure to obtain a permit per Local Regulations. We reserve the right, in our sole discretion, to terminate your Monitoring Services in the event of excessive False Alarms.
You agree to pay Company all fees associated with any purchases of Products or Services made by you through the Website or Apps, including for any enrollment in a Services Plan.
Some Services may be offered or provided as part of a Services Plan, which is paid for on a subscription basis. Examples include the ability to save, store, or access your Recordings, to obtain Monitoring Services, and so forth. The details of your subscription to a Services Plan, such as timing and amount of each payment, the Services included, and any restrictions or limitations thereon, will be conveyed to you when you first enroll.
By purchasing a Services Plan, you understand and agree that your credit or debit card on file will continue to be charged for additional billing periods (e.g., monthly, annually) until you change or cancel your Services Plan. For example, if your Services Plan is for $10 per month, we will automatically charge your payment card $10 every month until you cancel.
To change or cancel your Services Plan, call 1-800-574-7798. To take effect before your next payment, you must change or cancel your Services Plan at least three (10) business days in advance of such payment. If you cancel your Services Plan in the middle of a payment period, you will not receive a prorated refund; instead, you will continue to have access to the benefits of your Services Plan until the end of such payment period.
We may find it necessary from time to time, and at our exclusive discretion, to change the fees for your Services Plan and we reserve the right to do so. We may lower your Services Plan fees so long as your Services Plan maintains the same features and access level. We will not increase rates for your Services Plan without giving you advanced notice and an opportunity to cancel your Services Plan before incurring the increased fees. If you fail to cancel your Services Plan during this notice window, you will be charged the increased fees.
THERE ARE NO REFUNDS AND ALL SALES ARE FINAL.
You must initiate any Product returns within 30 days of receipt of your order by contacting us at 800.222.002 to obtain a return shipping label. You will be responsible for payment of all return shipping fees, unless the return is due to damaged, faulty, or incorrect merchandise, or another error on our part, in which case, we will send you a prepaid shipping label to use when returning the Product.
Gift cards purchased on the Website or Apps may only be redeemed for Products on the Website or Apps. We cannot re-issue lost, stolen, mislaid or damaged gift cards. You cannot use a gift card to purchase another gift card. You cannot return or otherwise redeem a Gift Card for cash back.
When you access the Website or Apps through a mobile network, or when you use a mobile network as the Connectivity Service for your Products, your mobile provider’s rates and fees regarding data usage, minutes, and messaging may apply. Your network or device may have limitations that prevent all Apps or Products from working.
When you use our Apps or other software Products, you may be given the opportunity to turn on or off certain permissions for us to access your mobile device or third-party accounts. For example, we may ask for permission to track your activity across third-party apps. For Apps, your ability to give or revoke such permissions is located within the general platform settings for your device and is not controlled by us.
You consent to receive electronic and telephonic communications from us, including marketing communications, such as text messages, phone calls, emails, and mobile push notifications. If your Services Plan includes Monitoring Services, you expressly consent to be contacted by phone, text message, push notification, or other alert when there is a Triggering Event on one of your Devices. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic and telephonic communications as follows:
For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems.
So long as you comply with the terms of this Agreement (including all additional policies linked below), Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Products you’ve purchased, the Website and Services. This license does not allow you to reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Website—including the Content of other users—unless you first obtain our written permission. We reserve all rights not expressly granted in this Agreement. If you breach any provision of this Agreement, your license will automatically terminate.
You are always the owner of your Content; however, we require a license from you to legally display your Content on the Website and Apps. Without this license, we could not allow you to upload any Content to the Community or view your Recordings on your instance of the Apps. Accordingly, you grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created.
As we explain above, we may use your reviews and comments to promote the Website, Services and Products. Aside from these your reviews and comments about the Products and Services, we will not use your Content in advertising without first obtaining your permission.
Our name, logo, Product names, the Website domain, the Apps, and all source code, product design, content and other intellectual property associated with the Products, Services and Website other than your Content (collectively, the “Company IP”) are trademarks, copyrights, trade dress, patents, and other intellectual property that are owned by Company and our third-party licensors and suppliers. Nothing in this Agreement grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP.
We impose certain restrictions on your use of the Website. You are prohibited from doing any of the following:
A warranty is a promise made by a business to a consumer about the business’s products or services. The law assumes a business has made certain warranties unless it disclaims them. When a business “disclaims” a warranty, it is the equivalent of saying “we are not making this promise to you.”
UNLESS WE EXPRESSLY WARRANT SOMETHING IN THIS AGREEMENT, WE DISCLAIM ANY AND ALL WARRANTIES TO YOU, INCLUDING EACH OF THE FOLLOWING WARRANTIES: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES.
WE DO NOT WARRANT THAT THE WEBSITE, PRODUCTS, APPS OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE, APPS OR SERVICES WILL BE UNINTERRUPTED OR THAT THE WEBSITE, APPS, SERVICES OR PRODUCTS WILL FUNCTION ERROR-FREE.
If you purchase a Product from us, it may come with its own warranty and disclaimers. In such event, the Product warranty and disclaimers will apply to your use of the Product. If the Product does not have its own warranty and disclaimer, then the warranties and disclaimers in this Agreement shall apply to your use of the Product.
This section limits the types of claims you can bring against us. These limitations help us reduce the risks associated with providing the Website, Services, and Products—in fact, we could not provide them otherwise.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING SERIOUS BODILY HARM AND DEATH) ECONOMIC LOSSES, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER FORM OF LOSS, DAMAGES, OR EXPENSE ARSING OUT OF OR IN CONNECTION WITH THE PRODUCTS, SERVICES, WEBSITE, OR APPS, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.
In addition to any other indemnification obligations expressly stated in this Agreement, you agree to indemnify, defend and hold harmless Company and its owners, officers, directors, employees, contractors, attorneys, agents and licensors against any third party (including your insurance company) claim for property damage, personal injury (including serious bodily harm and death), economic losses, attorneys’ fees, expenses, or any other damages or loss (in each instance, a “Claim”) arising out of or relating to: (1) your breach of this Agreement, (2) your installation and maintenance (or lack thereof) and use of the Devices, (3) your monitoring and recording activities, (4) your Content, (5) your False Alarms, (6) your violation of any Applicable Laws, including any Local Regulations, anti-wiretapping or surveillance or privacy laws, and/or (7) your violation of the privacy, intellectual property, or other right of any third party. The foregoing indemnification obligations may not be enforceable in some jurisdictions, so such obligations may not apply to you.
You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if different than 18).
If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act on behalf of that company, including by agreeing to binding contracts.
You consent to receive notices, disclosures, and other communications electronically at the email address linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
The provisions of this Agreement which, by their nature, should survive termination shall survive such termination, including the sections entitled ARBITRATION, INTELLECTUAL PROPERTY, DISCLAIMERS AND LIMITATIONS, and MISCELLANEOUS PROVISIONS.
If any provision of this Agreement is declared invalid, void, or unenforceable, then that provision is severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
A waiver by either you or Company of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
You understand and agree that you and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
Technology and the Applicable Laws, rules, and regulations change frequently. We may need to make changes to this Agreement and the Privacy Policy from time to time, including to keep up with changes in the Applicable Laws. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Products, Services, Apps and/or Website after the change takes effect. Your continued use of the Products, Services, Apps and/or Website after the change constitutes your consent to the updated Agreement or Privacy Policy. It is up to you to keep the email address associated with your Account up to date so that you don’t miss any such notifications.
We take your privacy very seriously. Our Privacy Policy (the “Privacy Policy”) is a part of this Agreement and is incorporated by reference. The Privacy Policy contains details about how information is collected from you through the Website, how it is used and shared with our service providers, and what your rights are with respect to such information. The Privacy Policy is available at www.shieldpro.com/privacy