Symposium Technologies USA Inc Responder Alert General Terms and Conditions
Acceptance of Terms
AS USED HEREIN, THE TERMS "You" "Your" "Yours" "Yourself" "User", "Users", "Subscriber" and "Subscribers" SHALL MEAN ANY SUBSCRIBER TO THE Peabody Fire Alert SERVICES.
THE TERMS "STI" "Company" "We" "Our" AND "Us" SHALL MEAN SYMPOSIUM TECHNOLOGIES USA INCORPORATED.
THE TERMS "Service", "Services" and "Responder Alert Services" SHALL MEAN THE Peabody Fire Alert SERVICES OFFERED BY STI TO SUBSCRIBERS AND PUBLIC SAFETY AGENCIES THROUGH THE Peabody Fire Alert WEBSITE AND DATABASE.
THE TERM "Website" SHALL MEAN THE Peabody Fire Alert WEBSITE, LOCATED AT PeabodyFireAlert.com .
THESE GENERAL TERMS AND CONDITIONS ARE GOVERNED BY OUR TERMS OF SERVICE. OUR TERMS OF SERVICE TAKE PRECEDENCE OVER ANY CONFLICTING GENERAL TERMS AND CONDITIONS PROVISION. IN ORDER TO ACCESS THE INFORMATION CONTAINED ON THE Peabody Fire Alert WEBSITE OR MAKE USE OF THE Peabody Fire Alert SERVICES PROVIDED BY STI, YOU MUST FIRST READ THIS AGREEMENT ENTITLED "SYMPOSIUM TECHNOLOGIES USA INC Peabody Fire Alert GENERAL TERMS AND CONDITIONS" (THE "AGREEMENT") AND ACCEPT IT. YOU MAY NOT AVAIL YOURSELF OF THE THE WEBSITE OR SERVICES IF YOU DO NOT ACCEPT THIS AGREEMENT AND THE GENERAL TERMS AND CONDITIONS THEREIN. YOU ACCEPT THE TERMS OF THE AGREEMENT BY ENTERING YOUR NAME IN THE INPUT BOX NEXT TO "I AGREE" AND CLICKING "I AGREE", OR BY USING THE Peabody Fire Alert WEBSITE AND/OR SERVICES. BY ENTERING YOUR NAME IN THE INPUT BOX NEXT TO "I AGREE" AND CLICKING "I AGREE", OR BY USING THE Peabody Fire Alert WEBSITE AND/OR SERVICES, YOU CONSENT TO THE TERMS OF THESE GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS AND YOU USE THIS WEBSITE ANYWAY, THEN YOU ARE BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS EVEN IF YOU HAVE NOT ENTERED YOUR NAME IN THE INPUT BOX NEXT TO "I AGREE" AND CLICKED "I AGREE".
Please note that the section headings in this Agreement are provided solely for Your convenience, and do not constitute or modify the terms and conditions of this Agreement.
Accuracy and Completeness of Information
While STI strives to ensure that the information contained on this Website is accurate and reliable, STI makes no warranties as to the accuracy, correctness or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of this Website. STI reserves the right to revise the information contained on this Website at any time, in its sole discretion without any obligation to notify past, current or prospective visitors.
Your Use of This Website
You may download certain content that appears on this Website for Your personal use, provided You do not remove or modify any copyright, trademark or other proprietary notices. You expressly agree that no right, title or interest in any downloaded materials is transferred to You as a result of such downloading or copying. There are inherent dangers in downloading materials and information from the Internet, and STI cautions You to make sure that You completely understand the potential risks before downloading any such content. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any information downloaded from this Website, and STI will not be liable for any damages that You may suffer as a result of such download.
Changes To The General Terms and Conditions
We reserve the right to change these General Terms and Conditions from time to time with or without any notice by posting the amended General Terms and Conditions to the Website. When we do, we will also revise the "last update" date of these General Terms and Conditions. Your continued use of the Services after such posting will constitute acceptance by You of such amendment.
THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No advice or information, whether oral or written, obtained by a User from STI, shall create any warranty not expressly made herein.
If You download or copy any material from this website, You do so at Your sole discretion and risk and consequently You will be responsible for any damage to Your computer system or loss of data that results from the download or copying of any material or software.
Some of STI's Services may require the use of third party services, products, or networks. STI may or may not communicate any policies, requirements, or guidelines of those third parties to You. Regardless You agree to follow those policies, requirements, or guidelines. ANY ACTUAL OR ALLEDGED VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. STI MAKES NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE IF ANY VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS ALLEDGED BY A THIRD PARTY.
Products and Services
All products (including software) and Services of STI may only be accessed and used pursuant to a separate Terms of Service agreement. If You have accessed such products or services prior to entering into a separate Terms of Service agreement, such access is in violation of STI's General Terms and Conditions , and You shall immediately cease using such services or delete any such products from Your computer or server until such time as You become an authorized user of such products or services.
Limitation of Liability
IN NO EVENT WILL STI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE: (i) USE OF THE INFORMATION CONTAINED ON THE WEBSITE; (ii) USE OF SERVICES ACCESSED THROUGH THE WEBSITE; (iii) USE OF SOFTWARE DOWNLOADED OR LINKED TO OR FROM THIS WEBSITE; OR (iv) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF STI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST STI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
You agree to defend, indemnify and hold STI harmless from and against any and all third party claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of this Website.
Links to Third Party Websites
Any links to third party websites are provided as a convenience to You, and such websites are neither owned nor operated by STI. STI has no control over these linked websites, is not responsible for the contents of these websites, makes no representations or warranties with respect to these linked websites, and shall not be liable for any damages or injury arising from the content of these linked websites. Your viewing and use of any third party websites is at Your sole discretion and risk.
Unless otherwise noted, the graphic images, buttons and text contained in this Website are the exclusive property of STI and are Copyright 2012, 2013 Symposium Technologies USA, Inc. All rights reserved. Except for Your personal use as permitted herein, these items may not be copied, displayed, transmitted or reproduced in any form without the express written permission of STI.
Submissions, Suggestions & Community Participation
In the event You elect to communicate to us suggestions for improvements to the Website or any of STI's Services or Properties as defined in the Terms of Service (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if You have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information You post or provide to STI via comments, forums, emails and the like (collectively, "Communications") shall be considered the property of STI. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.
* STI, Symposium Technologies, Symposium Technologies USA Inc., Responder Alert , and the Symposium Technologies USA Inc and Responder Alert logos are trademarks of STI, Inc.
* Other company, organization, product, and service names mentioned in these documents may be trademarks and/or service marks of others.
YOU AS A SUBSCRIBER AGREE THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND VOLUNTARILY AGREE TO, ALL OF THE ABOVE GENERAL TERMS AND CONDITIONS.