Mobile Application Terms of Service
Last modified: June 7, 2023
Acceptance of the Terms of Service
These Terms of Service are entered into by and between you and Shock Alert LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate them by reference (collectively, these “Terms of Service”), govern your access to and use of the Shock Alert mobile application, including any content, functionality, and services offered on or through the Shock Alert mobile application (the “Application”), whether as a guest or a registered user.
In order to register a purchased device and receive services through the Application, you must also agree to our Terms & Conditions of Sale, which are incorporated herein by reference.
This Application is offered and available to users who are of legal age to enter into a contract and legally able and permitted to accept the terms of these Terms of Service. By agreeing to these Terms of Service, including by your use of the Application, you represent and warrant that you meet all of these eligibility requirements. If you do not meet any of these requirements, you must not access or use the Application.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. Except as provided by applicable law, all changes are effective immediately when we post them, and apply to all access to and use of the Application thereafter.
Except as provided by applicable law, your continued use of the Application following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Application so you are aware of any changes, as they are binding on you.
Accessing the Application and Account Security
Except as provided by applicable law, we reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, in our sole discretion. To the fullest extent permitted under law, we will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Application.
- Ensuring that all persons who access the Application through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Application solely as expressly authorized by the Company. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, except as follows:
- Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your device for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Application for your own non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Application.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Application.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the Terms of Service, your right to use the Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Nothing contained on the Application should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Application without the express written permission of the Company. Your misuse of the trademarked name or logo of the Company, or any labels or other content of the Application, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. The Company reserves all rights pertaining to the Application.
The Company name, the term Shock Alert, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application are the trademarks of their respective owners.
You may use the Application only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Application:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application, or expose them to liability.
Additionally, you agree not to:
- Use the Application in any manner that could disable, overburden, damage, or impair the Application or the Company’s or any of its service providers’ information technology resources connected thereto, or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
- Use any robot, spider, or other automatic device, process, or means to access the Application or the Company’s or any of its service providers’ information technology resources connected thereto, for any purpose, including monitoring or copying any of the material on the Application.
- Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Application or the Company’s or any of its service providers’ information technology resources connected thereto.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application or the Company’s or any of its service providers’ information technology resources connected thereto.
- Attack the Application or the Company’s or any of its service providers’ information technology resources connected thereto, via a denial-of-service attack, a distributed denial-of-service attack or similar.
- Otherwise attempt to interfere with the proper working of the Application or the Company’s or any of its service providers’ information technology resources connected thereto.
Reliance on Information Posted
The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.
This Application may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Application
We may update the content on or accessible through this Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on or accessible through the Application may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Application
Linking to the Application
You may link to our Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Application may provide certain social media features that enable you to:
- Link from your own or certain third-party sites to certain content on this Application.
- Send emails or other communications with certain content, or links to certain content, on this Application.
- Cause limited portions of content on this Application to be displayed or appear to be displayed on your own or certain third-party Applications.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
Links from the Application
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites or applications linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such sites or applications.
The owner of the Application is based in the State of Missouri in the United States. We provide this Application for use only by persons located in the United States and Canada. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Application for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED OR USED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.
YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED OR USED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED OR USED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED OR USED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED OR USED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Application, including, but not limited to, your User Contributions, any use of the Application’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Application.
Governing Law and Jurisdiction
All matters relating to the Application and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Application shall be instituted exclusively in the federal courts of the United States District Court for the Eastern District of Missouri or the courts of the State of Missouri sitting in St. Charles County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED TO THE FULLEST EXTENT PROVIDED BY LAW.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Your Comments and Concerns
This Application is operated by Shock Alert LLC, 2977 Hwy K #286, O’Fallon, MO 63368.
All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: email@example.com.