SECURITY SERVICES AGREEMENT
Please read the following terms and conditions of this CROWD SECURITY INC. Services Agreement (“Agreement”) carefully as they govern your rights and obligations when using the CROWD SECURITY INC. Services.
This Agreement is separate from any other agreement with a third party through which you are using the Services.
IMPORTANT – BY USING CROWD SECURITY INC.’S SERVICES YOU ARE ACCEPTING THIS AGREEMENT, AND ANY UPDATES AND CHANGES TO THIS AGREEMENT THAT CROWD SECURITY INC. MAY MAKE FROM TIME TO TIME IN ITS SOLE DISCRETION. THIS AGREEMENT CONTAINS IMPORTANT TERMS LIMITING YOUR LEGAL RIGHTS AND REMEDIES INCLUDING LIMITATIONS OF LIABILITY IN SECTION 4 AND A BINDING ARBITRATION CLAUSE IN SECTION 5.1. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS AGREEMENT IS TO CEASE USING THE SERVICES.
1. “Access Provider” means a cellular telephone or data service provider, Wi-Fi or other wired or wireless local area network or broadband connection, or any other form of network using a communication carrier or other service provider.
2. “CROWD SECURITY INC.” means CROWD SECURITY INC. and its successors, affiliates, and assigns.
3.“Agreement” means this CROWD SECURITY INC. Services Agreement, including any changes and amendments thereto which may occur from time to time.
4.“Device(s)” means any hardware that may be used in connection with the Services.
5.“Dispute” means any claim or controversy, including, but not limited to, initial claims, counterclaims, cross-claims and third-party claims, whether based in contract; tort; fraud; intentional acts; violation of any statute, code or regulation; or other legal theory. The term “Dispute” shall be given the broadest possible meaning and will apply to, without limitation, all claims and controversies arising from this Agreement; sales activities; goods and services; advertisements, promotions and other statements; billing and collection practices; privacy; and any other dispute arising from your interaction or relationship with CROWD SECURITY INC..
6.“Emergency Contact List” means the third-party contact information you provide to CROWD SECURITY INC. on your account (and may periodically update) regarding who CROWD SECURITY INC. may contact in an Event.
7.“Event” means when CROWD SECURITY INC. receives data from your Device or a third party that triggers the Services.
8.“Personal Information” means the information you provide us while using the Services or may provide to CROWD SECURITY INC. from time to time including, but not limited to, your personal contact information (name, address, phone number, location, etc.), Device information, Emergency Contact List, and any information you provide to us during the Services arising from an Event.
9.“Services” means the CROWD SECURITY INC. monitoring services.
10.“Us”, “we”, or “our” means CROWD SECURITY INC..
11.“You” or “your” means any person or entity who accesses or uses the Services.
2. SERVICE ELIGBILITY
1. Compliance with Laws/Age. You may use the Services only if you can form a binding contract with CROWD SECURITY INC., and only in compliance with this Agreement and all applicable local, province, national, and international laws, rules and regulations. Anyone under the age of 13 (“Children” or “Child”) is strictly prohibited from using the Services, except to the extent allowed by applicable law.
3. IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES
1.The Services. The Services enable you to communicate with and have your Device(s) monitored by CROWD SECURITY INC. via a third party during an Event. The Services are only available to users that have been authorized by a third party to access the Services and only in the manner specified by CROWD SECURITY INC. in this Agreement. A description of the CROWD SECURITY INC. branded Service offerings can be found here.
2.Use of Service. You acknowledge and agree that the Services are only for your personal use or business use as per your agreement. You acknowledge and agree that CROWD SECURITY INC. is not a security consultant to you and is not addressing all of your potential security needs. Additional Device(s), equipment, and services in addition to those identified in this Agreement are available and may be purchased from CROWD SECURITY INC. or third parties at an additional cost to you.
3.Jurisdiction Restrictions. The Services may not be available in all jurisdictions in Canada. If an Event is triggered from or you move your Device(s) to a Restricted Jurisdiction, CROWD SECURITY INC. shall have no obligation to provide the Services to you, and CROWD SECURITY INC. shall have no liability for any failure to provide the Services or respond to an Event.
4.Agree to Receive Call & Emails. If you have provided or do provide CROWD SECURITY INC. with a phone number, including but not limited to a cell phone number, a number that you later convert to a cell phone number, or any other number that you subsequently provide for non-solicitation purposes, you agree that CROWD SECURITY INC. may contact you at this/these number(s). You also agree to receive calls and messages such as pre-recorded messages, calls, and text messages from automated dialing systems at the number(s) provided. You hereby confirm that you are the registered owner of all such numbers. If you have provided or do provide CROWD SECURITY INC. with an email address, you agree that CROWD SECURITY INC. may send you emails regarding your Services or new CROWD SECURITY INC. or third-party products.
5.System Reliability. No alarm system and/or service can provide complete protection or guarantee prevention of loss or injury. Fires, floods, crimes, tortious activities, medical problems and other incidents are unpredictable and cannot always be detected or prevented. Human error is always possible, and the response time of police, fire, and medical emergency personnel is outside the control of CROWD SECURITY INC.. CROWD SECURITY INC. may not receive Event signals if communications or power is interrupted for any reason. PLEASE CAREFULLY REVIEW SECTION 6 BELOW (YOUR RESPONSIBILITY FOR DEVICE(S) AND CONNECTIVITY).
6.Account/Service Use. You also may be required to setup an account in order to use the Services and CROWD SECURITY INC. may provide you with access to certain Service or mobile applications related to the Services. In addition to this Agreement, your use of any CROWD SECURITY INC. account or Service are subject to CROWD SECURITY INC. Terms of Service or any other terms and conditions provided therewith. By using any CROWD SECURITY INC. account or Service you agree to be bound by all of the aforementioned terms and any changes to those terms that CROWD SECURITY INC. may make from time to time. Your use of the Services may also involve Service provided by one or more third parties (whether on a Device or online) and your use of such third party Service will be governed by any license or other applicable terms and conditions provided by such third party.
4.LIMITATIONS ON CROWD SECURITY INC.’S LIABILITY
1.NO WARRANTIES. YOU AGREE THAT CROWD SECURITY INC. MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR DEVICE(S) OR TO THE SERVICES CROWD SECURITY INC. PERFORMS. YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS SET FORTH IN SECTION 4.4 (EXCLUSIVE REMEDY) BELOW. SOME PROVINCES MAY NOT ALLOW THE PARTIES TO A CONTRACT TO LIMIT THE LENGTH OF AN IMPLIED WARRANTY. THE LAWS OF THE PROVINCE WHERE YOU RESIDE WILL DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY.
2.INSURANCE; WAIVER OF SUBROGATION. YOU AGREE THAT CROWD SECURITY INC. IS NOT AN INSURER AND THAT CROWD SECURITY INC. IS NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. ANY AMOUNTS YOU MAY PAY CROWD SECURITY INC. ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR LIFE, PROPERTY, ANYONE ELSE’S LIFE OR PROPERTY IN YOUR CUSTODY OR LOCATED IN YOUR PREMISES OR ANY RISK OF LOSS OF THE AFFOREMENTIONED. INSTEAD, THE AMOUNTS CROWD SECURITY INC. CHARGES YOU ARE BASED SOLELY UPON THE VALUE SERVICES CROWD SECURITY INC. PROVIDES AND UPON THE LIMITED LIABILITY CROWD SECURITY INC. ASSUMES UNDER THIS AGREEMENT. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS OF YOUR LIFE, PROPERTY, ANYONE ELSE’S LIFE OR PROPERTY, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO CROWD SECURITY INC. TO COMPENSATE YOU OR ANYONE ELSE FOR SUCH EVENT OR LOSS. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST CROWD SECURITY INC. ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE, OR INJURY ARISING OF THIS AGREEMENT.
3.NO GUARANTEE; NO LIABILITY. YOUR DEVICE(S), EQUIPMENT, CROWD SECURITY INC.’S SERVICES, AND/OR YOUR USE OF CROWD SECURITY INC.’S SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, TORTS, ROBBERIES, OTHER CRIMINAL ACTIVITY,MEDICAL PROBLEMS OR ANY OTHER EMERGENCIES IN THE BROADEST SENSE OF THE WORD. CROWD SECURITY INC. MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT YOUR DEVICE(S), CROWD SECURITY INC.’S SERVICES, AND/OR YOUR USE OF CROWD SECURITY INC.’S SERVICES WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. CROWD SECURITY INC. DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT CROWD SECURITY INC.. YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST CROWD SECURITY INC. OR ITS THIRD PARTY PROVIDERS FOR LOSS, DAMAGE, OR INJURY RELATING IN ANY WAY TO YOUR DEVICE(S) OR THE SERVICES PROVIDED BY CROWD SECURITY INC.
4.IN ADDITION TO THE LIMITATION OF LIABILITY DESCRIBED IN PARAGRAPH 4.3 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CROWD SECURITY INC. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFIT OR REVENUE; FINANCIAL LOSS; LOSS OF BUSINESS OPPORTUNITIES; LOSS, DESTRUCTION OR ALTERATION OF DATA, FILES OR SOFTWARE; BREACH OF PRIVACY OR SECURITY; PROPERTY DAMAGE; PERSONAL INJURY; DEATH; OR ANY OTHER FORESEEABLE OR UNFORESEEABLE LOSS, HOWEVER CAUSED) RESULTING OR RELATING DIRECTLY OR INDIRECTLY FROM OR RELATING TO: I) ANY MALFUNCTION, DISRUPTION OR UNAVAILABILITY OF THE SERVICES; II) THE FAILURE OR REFUSAL OF ANY POLICE DEPARTMENT OR OTHER AGENCY TO RESPOND TO AN ALERT REPORTED TO IT BY CROWD SECURITY INC.; III) ANY OCCURENCES OR CONSEQUENCES THAT THE SERVICES ARE DESIGNED TO ALERT AUTHORITIES TO; IV) DELAYS TO UPDATING OR REPAIRING THE SERVICES DUE TO ANY EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF GOD, INCLEMENT WEATHER, LABOUR DISPUTES, RIOTS OR CIVIL DISPUTES, WAR OR ARMED CONFLICT, ANY LAW, GOVERNMENTAL ORDER, DECISION OR REGULATION, OR ORDER OF ANY COURT OF COMPETENT JURISDICTION.
5.EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY CROWD SECURITY INC. TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL YOU ATTEMPT TO HOLD CROWD SECURITY INC. LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, OR DEATH. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 4 (LIMITATIONS ON CROWD SECURITY INC.’S LIABILITY), CROWD SECURITY INC. IS FOUND LIABLE FOR LOSS, DAMAGE, INJURY, OR DEATH UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES PROVIDED BY CROWD SECURITY INC. AND/OR YOUR DEVICE(S), CROWD SECURITY INC.’S LIABILITY TO YOU SHALL BE LIMITED TO A SUM EQUAL TO 10% OF THE AMOUNT OF YOUR SERVICE CHARGES OVER THE LAST TWELVE MONTHS OR $200, WHICHEVER IS LESSER. THIS AGREED-UPON AMOUNT IS NOT TO BE CONSTRUED AS A PENALTY. RATHER, IT IS YOUR SOLE REMEDY. UPON YOUR REQUEST, CROWD SECURITY INC. MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS SECTION 4 BY ATTACHING AN AMENDMENT TO THIS AGREEMENT SETTING FORTH THE EXTENT OF CROWD SECURITY INC.’S LIABILITY AND THE ADDITIONAL CHARGES TO YOU.
6.APPLIES IN ALL CASES. THE PROVISIONS OF THIS SECTION 4 (LIMITATIONS ON CROWD SECURITY INC.’S LIABILITY) APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY CROWD SECURITY INC. OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF CROWD SECURITY INC., ITS AGENTS OR ITS EMPLOYEES.
7.INDEMNITY BY YOU. IF ANY OTHER PERSON, INCLUDING YOUR SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST CROWD SECURITY INC. IN ANY WAY RELATED TO (1) YOUR DEVICE(S), EQUIPMENT, OR THE SERVICES PROVIDED BY CROWD SECURITY INC. TO YOU, OR (2) ANY INACCURACIES IN ANY PERSONAL INFORMATION, INCLUDING ANY CONTACT INFORMATION, PROVIDED BY YOU TO CROWD SECURITY INC. IN ORDER FOR CROWD SECURITY INC. OR ITS REPRESENTATIVE TO COMMUNICATE WITH YOU FOR ANY REASON (INCLUDING BUT NOT LIMITED TO IN REGARD TO YOUR CROWD SECURITY INC. SERVICE OR ANY NEW CROWD SECURITY INC. OR THIRD PARTY PRODUCTS OR SERVICES), YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CROWD SECURITY INC. HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS’ FEES. YOUR DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM YOUR DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST CROWD SECURITY INC. AND REGARDLESS WHETHER CROWD SECURITY INC. HAS BEEN FOUND LIABLE OR WHETHER CROWD SECURITY INC. HAS INCURRED ANY EXPENSE.
8.TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST CROWD SECURITY INC. AFTER THE SHORTER OF (2) TWO YEAR AFTER THE DATE OF THE LOSS, OR (2) THE SHORTEST TIME ALLOWED BY APPLICABLE LAW.
9.BENEFIT TO OTHERS. THE PROVISIONS OF THIS SECTION 4 (LIMITATIONS ON CROWD SECURITY INC.’S LIABILITY) SHALL APPLY TO AND BENEFIT CROWD SECURITY INC. AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS, THIRD PARTY PROVIDERS OF YOUR DEVICE(S), AND ALL OTHER PARTNERS USED BY CROWD SECURITY INC. IN PROVIDING THE SERVICES TO YOU.
10.OTHER PARTIES LIMITATION. If you access the Services through a third party, you agree that such third party is entitled to the same rights as CROWD SECURITY INC. under this Section 4 (LIMITATIONS ON CROWD SECURITY INC.’S LIABILITY) and Section 5 (REQUIREMENTS FOR RESOLVING DISPUTES) below with respect to the Services.
5. REQUIREMENTS FOR RESOLVING DISPUTES
11.Binding Arbitration. CROWD SECURITY INC. AND YOU AGREE THAT ANY AND ALL DISPUTES ARISING UNDER THIS AGREEMENT (the “Dispute”) SHALL BE GOVERNED BY BINDING ARBITRATION AS SET FORTH IN THIS SECTION 5 (REQUIREMENTS FOR RESOLVING DISPUTES) (“Arbitration Agreement”). Arbitration is a dispute-resolution process that does not involve a judge or jury. Instead, the Dispute will be decided by a neutral third-party arbitrator in a process that is less formal than court.
12.Advanced Notice Requirement. Before initiating an arbitration you and CROWD SECURITY INC. agree to first provide to the other a written “Notice of Dispute” that will contain: (a) a written description of the issue and the supporting documents and information, and (b) a specific request for money or other relief. A Notice of Dispute to CROWD SECURITY INC. should be sent to: Litigation Department, CROWD SECURITY INC., Suite 200, 625 – 14th Street NW, Calgary, Alberta, Canada T2N 2A1. CROWD SECURITY INC. will mail a Notice of Dispute to your current available address.
13.Rules for Proceeding. You and CROWD SECURITY INC. agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, CROWD SECURITY INC. or you may commence an arbitration proceeding.
14.Initiation of Arbitration Proceeding. If either you or CROWD SECURITY INC. elects to commence arbitration, you shall give written notice to the other party of the intention to commence arbitration.
15.Law Governing Disputes. All disputes and questions whatsoever which shall arise between any of the parties in connection with this Agreement, or the construction or application thereof or any section or thing contained in this Agreement or as to any act, deed or omission of any party or as to any other matter in any way relating to this Agreement, shall be resolved by arbitration and the decision of the arbitrator shall be final and binding on all parties to the dispute. The arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a Judge of the Court of Queen’s Bench sitting in Calgary. Unless otherwise agreed to by the parties, the arbitration shall be held in the City of Calgary. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitrator shall proceed in accordance with the provisions of the Arbitrations Act (Alberta). The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
6. YOUR RESPONSIBILITY FOR DEVICE(S) AND CONNECTIVITY
16.Services Depend on Your Equipment and Device(s). CROWD SECURITY INC. is providing a monitoring service under this Agreement and will have no liability for the maintenance, operation, non-operation, connectivity, or failure of any of your equipment or Device(s). CROWD SECURITY INC. recommends that you maintain your equipment and Device(s) according to the manufacturer’s guidelines, and that you only use manufacturer approved technicians for any repairs to your equipment and Device(s).
17.Requirements for Using the Services. In order for CROWD SECURITY INC. to provide the Services to you under this Agreement, you agree that:
i. You will pay for and provide compatible network connectivity;
ii. Your equipment and Device(s) complies, and will continue to comply, with all applicable codes, regulations, and laws for the duration of this Agreement;
iii. You are solely responsible for the repair or replacement of any defective part of your equipment and Device(s), including any batteries, wiring, or communications;
iv. You will follow all manufacturer instructions for using and maintaining all of your equipment and Device(s) including the connectivity of such equipment and Device(s); and
v. You assume all responsibility and liability related to the installation, maintenance, and use of your equipment and Device(s) and you will indemnify and hold CROWD SECURITY INC. harmless from all liabilities, losses, damages, injuries, death, and damage to or non-operation of your equipment and Device(s), any of your property, or any other claim arising, in each case, from the use of your equipment and Device(s).
18.Network Connectivity. You acknowledge and agree that it is your sole obligation to provide network connectivity to maintain service with an Access Provider to transmit signals between your equipment and Device(s) and CROWD SECURITY INC.’s Customer Monitoring Center (“CMC”) and to ensure compatibility with any of your equipment and Device(s). Any Access Provider’s liability is limited to the same extent as CROWD SECURITY INC.’s liability in Section 4 (LIMITATIONS OF CROWD SECURITY INC.’S LIABILITY) of this Agreement. CROWD SECURITY INC. cannot alter the configuration of any non-CROWD SECURITY INC. device or network with which you are using the Services, and CROWD SECURITY INC. is not responsible for the setup, operation, maintenance, or compatibility of any such equipment or network, or any telecommunications or other connectivity charges (including SMS charges) incurred by you from any Access Provider as a result of using the Services. You acknowledge and agree that you shall be solely responsible for all disputes with any Access Provider. CROWD SECURITY INC. is not responsible for performance issues or failures resulting from your network equipment, and Device(s) including, without limitation, Internet latency, local area networks and non-conforming or non-compatible hardware, Service, equipment, or Device(s). CROWD SECURITY INC. may transmit, record, store, provide, and receive unencrypted data, images, voice transmissions, e-mails, and text messages via the Internet and your Access Provider(s) in the course providing the Services to you. You will not be able to utilize the Services, automation functions, or receive e-mail or text alerts if your network connection is impaired, disrupted, or unavailable for any reason. CROWD SECURITY INC. does not warrant or guarantee the integrity, accuracy, confidentiality, or security of any such transmission or from any unauthorized or unexpected use, disclosure, corruption, interception, or other improper act.
19.Event Communications. YOUR DEVICE WILL NOT BE ABLE TO COMMUNICATE WITH CROWD SECURITY INC. IF YOUR NETWORK IS NOT OPERATING, HAS BEEN DISCONNECTED, INTERRUPTED, OR INTERFERED WITH, OR IS OTHERWISE DAMAGED OR INCOMPATIBLE. If CROWD SECURITY INC. determines in its sole discretion that your communication mode is or later becomes non-compatible, or if you change to another communication mode that is not compatible, then CROWD SECURITY INC. requires that you use an alternate mode of communication acceptable to CROWD SECURITY INC. as the method to connect your Device(s) to CROWD SECURITY INC.’s CMC.
7. CROWD SECURITY INC.’S EVENT MONITORING SERVICES
20.Contacting You. CROWD SECURITY INC. may, at its sole discretion, attempt to contact you and/or your designated Emergency Contact List to confirm that the Event is not false. If CROWD SECURITY INC. does not contact you and/or your designated Emergency Contact List, or if CROWD SECURITY INC. questions the response it receives upon such contact, then CROWD SECURITY INC. will attempt to notify the appropriate police or other authorities having jurisdiction. If CROWD SECURITY INC. provides supervisory Event monitoring services and CROWD SECURITY INC.’s CMC receives an Event, then CROWD SECURITY INC. may attempt to notify you or your representative (including your Emergency Contact List). CROWD SECURITY INC. may use an automated calling device to deliver such notification. If medical emergency notification services are provided, you agree that the very nature of such services, regardless of any delay, involves uncertainty, risk, and possible serious injury, disability or death, for which you will not attempt to hold CROWD SECURITY INC. responsible or liable; that your Device(s) for medical emergency notification services is not foolproof and may experience signal transmission failures or delays for any number of reasons; and that the actual time required for medical emergency providers to arrive at your location and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including, without limitation, telephone network operation, distance, weather, road and traffic conditions, Device(s) function, and human factors both within and outside of CROWD SECURITY INC.’s control. You agree that the person(s) identified on your Emergency Contact List are authorized to act on your behalf. Local laws, ordinances, or policies may restrict CROWD SECURITY INC.’s ability to provide the Event monitoring and notification services described in this Agreement and/or necessitate modified or additional services with additional charges to you. CROWD SECURITY INC. employs a number of industry-recognized measures to help reduce occurrences of false Events. These measures may include, but are not limited to, implementation or use of default settings on Device(s) and various procedures at CROWD SECURITY INC.’s CMC to determine when and how to respond, if at all, to certain Events. You consent to CROWD SECURITY INC.’s use of these measures and agree that your Device(s) have not been designed or programmed pursuant to any law, code, or rule that may be applicable to your Services. Upon receiving notification that an Event signal has been received by CROWD SECURITY INC., the police or other authorities having jurisdiction may forcibly enter your premises. CROWD SECURITY INC. will never arrest or detain any person for any reason, and will not be liable for any actions that the authorities may take under their sole discretion. You will comply with all federal, provincial, and local laws governing the placement, presence, operation, and use of cameras and shall fully and conspicuously notify persons in or around the premises, whether by use of legible signs or other approved communications, that their activities may be recorded. You agree that your Device(s), is not to be used to monitor activity that you alone are responsible for supervising the well-being of any person.
21.DELAYS. CROWD SECURITY INC. HAS NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF SERVICE OR ANY RESULTING CONSEQUENCES, WHETHER DUE TO STRIKE, RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD, THIRD PARTY SERVICE, SERVICE, OR ACCESS PROVIDER ERRORS, OR ANY OTHER CAUSE WITHIN OR BEYOND CROWD SECURITY INC.’S CONTROL. IF THERE ARE SERVICE INTERRUPTIONS, CROWD SECURITY INC. HAS NO OBLIGATION TO SUPPLY YOU WITH SUBSTITUTE SERVICES. IN THE EVENT THAT DAMAGES ARE DETERMINED, YOU AGREE THAT THE MAXIMUM LIABILITY THAT CROWD SECURITY INC. SHALL BE LIABLE FOR WILL BE THE $200.00.
8. PAYMENT TERMS
22.Payment for Services. If payment is required for your Services, you authorize CROWD SECURITY INC. and CROWD SECURITY INC.’s approved service provider (such as in-app payments from third parties like Apple or Google) to charge your credit card, debit card, or other payment method for the Services immediately upon the expiration of any free trial period provided by CROWD SECURITY INC. You represent and warrant that you will keep your payment information up to date and that you are an authorized user of the credit card, or debit card, or other payment method you use with the Services and that you will not dispute the payment with your credit card company or bank, so long as the amount corresponds to the terms indicated in this Agreement.
23.Failure to Pay or Honor Agreement. If you fail to make any payment when due or to honor any other term or condition of this Agreement, CROWD SECURITY INC. may stop providing the Services to you at its sole discretion. CROWD SECURITY INC. has no liability if it stops providing the Services to you. CROWD SECURITY INC. does not waive, and retains the right to exercise, any other legal remedy, and/or interest on the unpaid amount and the right to report you to one or more consumer reporting agencies if you become delinquent on your Account (more than 90 days without a payment).
24.Term. The term of this Agreement will continue as long as you use the Services. Subject to the terms and conditions of any free Service offerings, free trial, or promotional period, the paid Service plan you select (monthly, semi-annually, annually, etc.) will begin when you are charged in accordance with Section 8.1. Any paid Service plan will automatically renew for successive terms (monthly, semi-annually, annually, etc.) based on the plan you selected unless terminated by either party in accordance with this Agreement. If terminated, this Agreement ends on the last day you use any free Services offerings or the end of your current term (monthly, semi-annually, annually, etc.) for any paid Service plan. You may terminate your Service within your account and taking appropriate action as specified therein.
25.Cancellation by You. You may, at any time, cancel this Agreement as outlined in Section 8.3. If you cancel you will not be entitled to a refund for any money prepaid to CROWD SECURITY INC. for a paid Service term. CROWD SECURITY INC. shall have no obligation to continue providing the Services to you as of the termination date, and CROWD SECURITY INC. shall have no liability if it stops providing the Services to you.
26.Cancellation by CROWD SECURITY INC.. CROWD SECURITY INC. may, at any time, cancel this Agreement in its sole discretion if: (1) CROWD SECURITY INC.’s Customer Monitoring Center (“CMC”) is destroyed or damaged so that it is impractical for CROWD SECURITY INC. to continue the Service; (2) CROWD SECURITY INC. cannot transmit signals between your equipment and/or Device(s) and its CMC or the applicable fire or police department or other agency, or between CROWD SECURITY INC.’s CMC and the applicable fire or police department or other agency; (3) You fail to follow CROWD SECURITY INC.’s recommendations to repair or replace any defective parts of your equipment and/or Device(s); (4) you fail to follow the operating instructions for your equipment and/or Device(s); or (5) CROWD SECURITY INC. determines that it is impractical to continue the Service due to the modification or alteration of your equipment and/or Device(s). If CROWD SECURITY INC. cancels for any of the reasons stated immediately above, CROWD SECURITY INC. will refund any advance payments made for the Services to be supplied after the date of such termination, less any amounts still due for Services already rendered, and for any other charges due. CROWD SECURITY INC. may also cancel this Agreement upon written notice to you if: (1) you fail to pay any monies when due under this Agreement, (2) you change to a telephone / communications service not suitable for Event signal transmission or (3) you fail to comply with any other term or condition of this Agreement. Upon receipt of written notice from CROWD SECURITY INC., you will have ten (10) days to correct the deficiency.
9. PRIVACY AND SECURITY
27.Personal Information Provided by You. You agree that any Personal Information about you and third parties, including your account registration information, Emergency Contact List, and other information that can identify you or any third party personal information that you provided to CROWD SECURITY INC. (including but not limited to any information provided about an Event via phone, e-mail, text messages, or other communication method) will be true and accurate, and that you will not intentionally provide any false or misleading information. You may make changes to information you provided on your Account from time to time. You consent to CROWD SECURITY INC.’s use of your Personal Information and that of third parties provided by you for the purpose of providing the Services to you. You agree that you have obtained the consent of the third parties, whose personal information you provided to CROWD SECURITY INC., to use such Personal Information with the Services. CROWD SECURITY INC. may collect (including your consent to record your telephone conversations with CROWD SECURITY INC.’s representatives), use, disclose, and transfer your Personal Information and that of third parties provided by you, to CROWD SECURITY INC.’s parents, affiliates, subsidiaries, and successor corporations, including any subcontractor or assignee of this Agreement or any applicable authority having jurisdiction that requests such information to administer alarm monitoring services or alarm system license, permit, or similar programs.
28.Use of Personal Information with the Services. You understand that: (a) CROWD SECURITY INC. may, directly or through third party service providers, transmit, record, store, provide, and receive unencrypted data, including without limitation your voice, geo-location, e-mails, and text messages via the Internet in the course of performing and providing the Services to you, and (b) the Services include the use of interactive applications that transmit such information over the Internet and other networks, including through, and to, third party systems. Some of these transmissions are automatic and are enabled by default. You hereby consent to these transmissions, which may include, among other things, communication of information about your Personal Information. CROWD SECURITY INC., and its contractors, may access your Personal Information in order to provide you with the Services and features within the Services.
29.Use of Audio/Video. IF APPLICABLE TO YOUR SERVICES, YOU UNDERSTAND AND ACKNOWLEDGE THAT MICROPHONES AND CAMERAS THAT RECORD AUDIO, STILL IMAGES, AND/OR LIVE AND ARCHIVED VIDEO RECORDINGS MAY BE USED WITH YOUR SERVICE AND THAT YOU WILL: (I) COMPLY WITH ALL FEDERAL, PROVINCIAL, AND LOCAL LAWS GOVERNING THE PLACEMENT, PRESENCE, OPERATION, AND USE OF SUCH MICROPHONES AND CAMERAS, (II) CONSPICUOUSLY NOTIFY PERSONS IN OR AROUND SUCH MICROPHONES AND CAMERAS THAT THEIR ACTIVITIES MAY BE RECORDED PRIOR TO MAKING ANY RECORDING OF THEM, (III) PROVIDE ANY OTHER DISCLOSURE THAT MAY BE REQUIRED BY APPLICABLE LAW, AND (IV) OBTAIN ANY CONSENTS REQUIRED BY APPLICABLE LAW INCLUDING ANY PROVINCIAL AND/OR FEDERAL WIRETAP LAWS. YOU SHALL INDEMNIFY, AND AT YOUR OWN COST AND EXPENSE, DEFEND, AND HOLD HARMLESS CROWD SECURITY INC. FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, AND COSTS OR EXPENSES OF ANY KIND ARISING OUT OF OR BY REASON OF ANY SUCH AUDIO/VIDEO RECORDINGS, THE RELEASE, REPRODUCTION, CIRCULATION, PUBLICATION, OR EMPLOYMENT OF ANY SUCH AUDIO/VIDEO RECORDINGS, ANY VIOLATION OF ANY LAW IN CONNECTION THEREWITH BY ANYONE AND ANY BREACH BY YOU OR ANY USER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CAUSES OF ACTION FOR PERSONAL INJURY, VIOLATION OF PRIVACY, FALSE ARREST OR IMPRISONMENT, AND MALICIOUS PROSECUTION.
10. GENERAL TERMS
32.International Use. The Services under this Agreement are not available outside of Canada and you understand that CROWD SECURITY INC. has no obligations to respond to Events triggered outside of Canada. Although the Services may be accessible worldwide, we make no representation that materials are appropriate or available for use in locations outside of Canada. If you access the Services from other locations outside of Canada you do so at your own initiative and at your own risk. If you choose to access the Services from outside of Canada, you are responsible for compliance with local laws in that jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product or Service is void where prohibited.
33.Assignment. You may not assign this Agreement without prior written consent from CROWD SECURITY INC. CROWD SECURITY INC. does have the right to assign this Agreement or to subcontract any of its obligations under this Agreement without your approval and without notice to you.
34.Changes and Notice. CROWD SECURITY INC. reserves the right to change this Agreement from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Agreement for modifications. Your continued use of the Services after such modifications will constitute acknowledgement and acceptance of the modified Agreement. Any modifications to this Agreement become effective upon posting a revised version to CROWD SECURITY INC.’s or the website that CROWD SECURITY INC. maintains for the purposes of providing the Services.
35.Governing Law. Except where expressly provided in this Agreement or required by applicable law, this Agreement shall be construed, interpreted and governed by the laws of Alberta without regard to the conflicts of law provisions thereof, and the exclusive forum for any disputes arising out of or relating to this Agreement shall be brought in an appropriate federal or provincial court sitting in Alberta.
36.Agreement. This service agreement must be read with:
i. any applicable service agreement you previously entered into with CROWD SECURITY INC.;
iii. any additional terms and conditions that may apply to the Service that you subscribe to or use; and
- any CROWD SECURITY INC. material describing your services or products you purchase. These materials, together with this service agreement, are referred to collectively as your “Whole Agreement”.
By entering into this service agreement, you acknowledge that you have read, understood and agree to all of the details in your Agreement; and in addition you expressly:
i. authorize CROWD SECURITY INC. or any other member of the CROWD SECURITY INC. organization to obtain information about your credit history to create and manage your account and assess your eligibility for other CROWD SECURITY INC. products and services. You acknowledge that CROWD SECURITY INC. may share your credit experience and credit information with others including credit bureaus, credit grantors and collection agencies.
ii. agree that your personal and account information may be disclosed to other members of the CROWD SECURITY INC. organization, and to our agents or sub-contractors, authorized dealers and distributors, to service your account, respond to your questions, telemarket (including by way of automatic dialing and announcing devices), and promote additional products and services offered by members of the CROWD SECURITY INC. organization. If you do not wish to receive these offers or information, please contact CROWD SECURITY INC. service at Suite 200, 625 – 14th Street NW Calgary, Alberta, Canada T2N 2A1.
iii. agree to receive your Agreement, bill and other materials from us in electronic format, including THIS SERVICE AGREEMENT.
iv. acknowledge that if you are making a change to your account: (A) any new changes to your account are set out in this service agreement; (B) all other aspects of your service agreement remain the same; and (C) any services you have removed may no longer be available.
This Whole Agreement constitutes the entire agreement between you and CROWD SECURITY INC. relating to the subject matter hereof. You are not relying on CROWD SECURITY INC.’s advice or advertisements. CROWD SECURITY INC. is not bound by any representation, promise, condition, inducement or warranty, express or implied, that is not included in writing in this Whole Agreement. The terms and conditions of the Whole Agreement shall control and govern even if there are other documents with inconsistent or additional terms and conditions. If a court determines that any provision of the Whole Agreement is invalid or unenforceable, that provision shall be deemed amended and enforced to the maximum extent permitted by law. Each and every other provision of the Whole Agreement shall continue to be valid and enforceable.
ACCEPTABLE USE POLICY
Except where otherwise indicated, “you” and “your” means you and every person who uses the Services through your account.
When using our services, and any products, content, applications or services in conjunction with the Services, you must comply with all applicable laws, and our policies, rules and limits including this AUP. This AUP supplements and is incorporated into the Agreement. Unless otherwise defined in this AUP, defined terms have the meanings given to them in the Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND THIS AUP, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY CROWD SECURITY INC. THAT YOU ARE TERMINATING THE SERVICES.
Without limitation, you may not use (or allow anyone else to use) our Services to:
i. use, possess, post, upload, transmit, disseminate or otherwise make available content that is unlawful or violates the copyright or other intellectual property rights of others (as described in more detail below);
ii. participate in any illegal soliciting or gaming schemes;
iii. attempt to use the Services in such a manner so as to avoid incurring charges for usage;
iv. participate in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature. You assume all risks regarding the determination of whether material is in the public domain
v. invade another person’s privacy, collect or store personal data about other users, or stalk or harass another person or entity;
vi. access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as “packet sniffers”;
vii. upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement) or related derivative works, without obtaining permission of the copyright owner or rightholder
viii. use, reproduce, distribute, sell, resell or otherwise exploit the Services or content we provide or which you obtain through the Services for any commercial purposes;
ix. copy, distribute, sub-license or otherwise make available any software or content we provide or make available to you or which you obtain through the Services, except as authorized by us;
x. alter, reproduce, or tamper with the Services;
xi. use the Services for anything other than your own personal or commercial purposes (such as reselling the Services, providing Internet access or any other feature of the Services to any third party) or share or transfer your Services without our express consent;
xii. impersonate any person or entity, including, without limitation, a CROWD SECURITY INC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
xiii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;