Terms and Conditions of Use
1. Terms
This website is owned and operated by
People Guard, LLC and is made available to you for informational purposes. The
following are terms of a legal agreement between you and People Guard.
By accessing, browsing or using this web
site, you are agreeing to be bound by these web site Terms and Conditions of
Use, all applicable laws and regulations, and agree that you are responsible
for compliance with any applicable local laws. If you do not agree with any of
these terms, you are prohibited from using or accessing this site. The
materials contained in this web site are protected by applicable copyright and
trademark law.
2. Use License
A. Permission is
granted to temporarily access and display the web pages within this website,
solely on your computer, for personal, non-commercial transitory viewing only.
This is the grant of a limited, non-exclusive, revocable license, not a
transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial
or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on People Guard's web
site;
iv. remove any copyright or other proprietary notations from the materials;
v. transfer the materials to another person or
"mirror" the materials on any other server;
vi. use the services in any manner that could damage, disable, overburden, or impair
any People Guard server, or network(s) connected to any server, or interfere
with any other party’s use and enjoyment of the site;
vii. create derivate works from the content of the site; or
viii. obtain or
attempt to obtain any materials or information not intentionally made available
through the site or obtain unauthorized access to any service of the site,
account, computer system or network connected to any server of the site through
hacking, password mining or any other means.
B. When
you use People Guard services available on the web site, you agree not to:
i. use People Guard to do anything unlawful, misleading,
malicious, or discriminatory;
ii. provide us with any information (including Personal Information or Location Information
as defined in the Privacy Policy) that infringes any rights of others, or is
unlawful, misleading, malicious or discriminatory;
iii. solicit log-in information or access an account belonging to
someone else;
iv. provide any false Personal Information, Location Information (as defined in the Privacy
Policy) or create an account for anyone other than yourself without permission.
You will at all times keep your Personal Information accurate and up-to-date In
the event you change or deactivate your mobile telephone number, you will
update your account information with People Guard within 48 hours to ensure
that your calls and messages are not sent to the person who acquires your old number
v. create another
account without our permission if we have disabled your account;
vi. use People Guard if you are under 13, without a parent’s consent;
vii. use People Guard if you are a convicted sex-offender;
viii. share your password, let anyone else access your account, or do anything else that
might jeopardize the security of your account or anyone else’s account; or
ix. transfer your account to anyone without first getting our written permission.
C. Except for the limited
permission provided in this Section 2, People Guard does not grant you any
express or implied rights or licenses under any patents, trademarks,
copyrights, or other proprietary or intellectual property rights. You may not
mirror any of the content from this site on another web site or in any other
media. Your unauthorized use of this site may violate copyright, trademark,
privacy, publicity, communications, and other laws, and any such use may result
in your personal liability, including potential criminal liability.
D. This license shall
automatically terminate if you violate any of these restrictions and may be
terminated by People Guard at any time. Upon terminating your viewing of these
materials or upon the termination of this license, you must destroy any
downloaded materials in your possession whether in electronic or printed
format.
3. Disclaimer
A. Use of this site
is at your sole risk. All materials on People Guard's web site are provided
"As Is". People Guard makes no warranties, expressed or implied, and
hereby disclaims and negates all other warranties, including without
limitation, implied warranties or conditions of merchantability, fitness for a
particular purpose, freedom from computer virus, or non-infringement of
intellectual property or other violation of rights. Further, People Guard does
not warrant or make any representations concerning the accuracy, likely
results, or reliability of the use of the materials on its Internet web site or
otherwise relating to such materials or on any sites linked to this site.
B. You understand and
agree that if you download or otherwise obtain materials, information,
products, programs or services, you do so at your own discretion and risk and
that you will be solely responsible for any damages that may result, including
loss of data, damage to your computer system, or replacement of property, material,
equipment, data or other items.
4. Disputes
A. If anyone brings
a claim against us related to your actions, content or information provided to
People Guard, you will indemnify and hold us harmless
from and against all damages, losses, and expenses of any kind (including
reasonable legal fees and costs) related to such claim.
B. If you violate any of
the terms of these Terms and Conditions of Use and we incur any damages as a
result thereof, you will be
immediately liable to People Guard for such damages (including reasonable legal
fees and costs), and People
Guard will be authorized to seek
all remedies available to it by law or equity.
5. Limitations
In no event shall People Guard or its
suppliers be liable for direct, indirect, special, punitive, incidental,
exemplary or consequential damages or any damages whatsoever (including,
without limitation, damages for loss of data, programs or profit, or due to
business interruption) arising out of the use or inability to use the materials
on People Guard's web site, even if People Guard or a People Guard authorized
representative has been notified orally or in writing of the possibility of
such damage. Because some jurisdictions do not allow limitations on implied
warranties, or limitations of liability for consequential or incidental
damages, these limitations may not apply to you.
6. Revisions
and Errata
The materials appearing on People Guard's
web site may include technical, typographical, or photographic errors. People
Guard does not warrant that any of the materials on its web site are accurate,
complete, or current. People Guard may make changes to the materials contained
on its web site at any time without notice. People Guard does not make any
commitment to update the materials on the web site. Accordingly, you should
confirm the accuracy and completeness of all posted information before making
any decision related to any services, products, or other matters described in
the site.
7. Links
People Guard has not reviewed all of the
sites linked to its web site and is not responsible for the contents of any
such linked site. The inclusion of any link does not imply endorsement by
People Guard of the site or the site’s owner. Use of any such linked web site
is at the user's own risk.
8. Site Terms
of Use Modifications
People Guard may revise these terms of use
and any other information contained in this web site at any time without
notice. By using this web site you are agreeing to be bound by the then current
version of these Terms and Conditions of Use.
9. Governing
Law
Any claim relating to the People Guard web
site shall be governed by the laws of the State of Illinois without regard to
its conflict of law provisions.
Privacy Policy
This Privacy Policy describes People Guard’s
policies and procedures on the collection, use and disclosure of your
information. Your privacy is very important to us. We consider our security
services to include not only the emergency or informational services we provide
you, but also the protection of your private personal information. We encourage you to read this Privacy
Policy so that you feel comfortable providing your personal information to us.
1. Information Collected Upon Registration
A. When you register for our services, you
will provide People Guard with personal information, such as your name, email
address, billing information, phone number and address. This information is
necessary for us to open an account for you. In order for us to provide you
with appropriate security protection, such as police, ambulance or taxi
services that arrive quickly and are prepared to help you, we request that you
provide us detailed identifying information and contact information. The more
information that you give us, the more comprehensive help we can provide you.
For example, if you have a medical condition, which you disclose to us, we can
pass this information along to emergency services that will be better prepared
to handle a situation should it arise. If you provide us with your photograph,
we can submit the photograph to the police, who may then more quickly identify
you in an abduction or similar situation. If you
provide us with emergency contacts, we can notify your designated person and
let them know what is happening. All of this information is your “Personal Information.”
B. We
know that you are providing us Personal Information with the expectation that
it is private and confidential. We will protect your Personal Information from
disclosure and handle it with the utmost care. Your Personal Information will
be kept in a secure, locked system and we will continuously monitor its
security.
C. You are
responsible for ensuring that your Personal Information is current and correct.
To review, change or delete your information and correct any inaccuracies by
deleting them, log in to the website and update your Personal Information (changes
take effect within minutes) or send an email request to Customer Services
(changes may require up to 10 business days to take effect). If you make a
request to People Guard regarding your Personal Information, we will respond
within 10 business days.
D. You own all of the content and
information that you provide on our website or to our phone operators. For
content that is covered by intellectual property rights, like photos and videos
(“IP content”), you grant us a non-exclusive, transferable, sub-licensable,
royalty-free, worldwide license to use IP content that you provide in order to
provide you with our services.
2. Disclosure of Personal Information
A. We will only provide your Personal
Information to emergency service providers when we believe it is necessary to
help you. Otherwise, we will not disclose your Personal Information to any
individual or organization.
B. However, when personalizing the services
that People Guard will provide you on our website, you may, in your sole
discretion, consent to People Guard providing any or all of your Personal
Information to service providers in non-emergency situations or other
individuals or agencies that you designate. You may also provide us with your
consent by telephone once we have verified that you are the caller through
sufficient security checks. If you provide us with your consent, we will
disclose your information only as you have authorized.
C. At any time, you may withdraw your
consent and we will update your account accordingly as soon as possible, and
your Personal Information will once again be protected from disclosure besides
pursuant to Sections 2A, 9 and 14B of this Privacy Policy. Log into the website and update your Personal
Information (changes take effect within minutes) or send an email request to
Customer Services (changes may require up to 10 business days to take effect).
If you make a request to People Guard regarding your Personal Information, we
will respond within 10 business days.
D. We will only use your contact
information to send you information about our services. We will never sell your
contact information or any of your Personal Information to any individual or
organization.
3. Location Information
From time to time, you will provide us with
your location through your cell phone’s GPS, by placing telephone calls or
emails to us or by triggering the silent alarm. This information is your “Location Information.”
4. Disclosure of Location Information
A. We will only provide your Location
Information to emergency service providers when we believe it is necessary to
help you. Otherwise, we will not disclose your Location Information to any
individual or organization.
B. However, when personalizing the services
that People Guard will provide you, you may, in your sole discretion, consent
to our providing any of your Location Information to service providers in
non-emergency situations or individuals or agencies that you designate. You may
also provide us with your consent by telephone once we have verified that you
are the caller through sufficient security checks. If you provide us with your
consent, we will disclose your information only as you have authorized.
5. Non-Private or Non-Personal Information
We may share or disclose your non-private,
aggregated or otherwise non-personal information.
6. Security
A. People Guard takes reasonable precautions in
accordance with industry standards to protect your information (including your
Personal Information and your Location Information). When you submit
information to us via our website but you choose not to make that information
accessible to others, the information is protected both online and off-line.
Such information is subject to restricted access in our offices. Only employees
who need the information to perform a specific job are granted access to such
personally identifiable information. All employees, including our call center
operators, are kept up-to-date on our security and privacy practices. The servers
that store nonpublic personally identifiable information are in a secure
environment, in a locked facility. People Guard also maintains notification
procedures as part of its information security policy for notifying you in the
event of a data security breach. If People Guard experiences a data security
breach and is required to notify you under applicable law, People Guard will
notify you by electronic mail using the e-mail address you have provided.
B.
People Guard uses a reliable third party payment processor when processing your
credit card, which ensures that your payment information is secure and
protected. The credit card information that you provide when enrolling for our
services is transmitted directly to the third party processor and will not be
shared with us at any time.
7. Cookies
Like many websites, we use “cookies”
technology to collect additional website usage data and to improve our
services, but we do not require cookies for many parts of our services. A
cookie is a small data file that is transferred to your computer’s hard disk.
People Guard may use both session cookies and persistent cookies to better
understand how you interact with our services, to monitor aggregate usage by
our users and web traffic routing on our servers, and to improve our services.
Most Internet browsers automatically accept cookies. You can instruct your
browser, by editing its options, to stop accepting cookies or to prompt you
before accepting a cookie from the websites you visit.
8. Service Providers
We engage certain trusted third parties to
perform functions and provide internal company services in order to improve our
services and to directly provide aid to you. We may share your Personal
Information and Location Information with these third parties, but only to the
extent necessary to perform these functions and provide such services, and only
pursuant to obligations mirroring the protections of this Privacy Policy.
9. Legal Obligations and Potential Harm
Notwithstanding any other provisions in
this Privacy Policy, we may disclose your information (including your Personal
Information and Location Information) if we believe that it is reasonably
necessary to comply with a law, regulation or legal request; to protect the
safety of any person; to address fraud, security or technical issues; or to
protect People Guard’s property rights.
10. Our Policy Towards Children
If you become aware that your child has
provided us with Personal Information without your consent, please contact us
at Customer Services. We do not knowingly directly collect Personal Information
from children under 13. If we become aware that a child under 13 has provided
us with Personal Information, without parental consent, we will take steps to
remove such information from our system and terminate the child’s account.
11. Changes to this Policy
We may revise this Privacy Policy from time
to time. The most current version of the policy will govern our use of your
information and will always be on our website. By continuing to access or use
our services, which means you do not cancel your account after the revised
Privacy Policy is posted on our website, you agree to be bound by the revised
Privacy Policy.
12. Termination
A. If you violate the letter or spirit of
this Privacy Policy or otherwise create risk or possible legal exposure for us,
we may stop providing you all or part of our services and terminate your
account with immediate effect.
B. You may delete your Personal Information
in accordance with Section 1C above or terminate your account at any time.
However, your information may remain in our backup system.
13. Disputes
A. You will resolve any claim, cause of
action or dispute (“claim”) you have with us arising out of or relating to this
Privacy Policy exclusively in a state or federal court located in Cook County,
Illinois. The laws of the State of Illinois will govern this Privacy Policy, as
well as any claim that might arise between you or us, without regard to
conflict of law provisions. You agree to submit to the personal jurisdiction of
the courts located in Cook County, Illinois for the purpose of litigating all
such claims.
B. If anyone brings a claim against us
related to your actions, content or information provided to People Guard, you will indemnify and hold us harmless from and against all
damages, losses, and expenses of any kind (including reasonable legal fees and
costs) related to such claim.
C. If
you violate any of the terms of this Privacy Policy and we incur any damages as
a result thereof, you will be immediately
liable to People Guard for such damages (including reasonable legal fees and
costs), and People
Guard will be authorized to seek
all remedies available to it by law or equity.
D. WE TRY TO KEEP PEOPLE GUARD UP, BUG FREE, AND SAFE, BUT YOU USE IT AT
YOUR OWN RISK. WE ARE PROVIDING PEOPLE GUARD “AS IS” WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO
NOT GUARANTEE THAT PEOPLE GUARD WILL BE SAFE OR SECURE. PEOPLE GUARD IS NOT
RESPONSIBLE FOR THE ACTIONS, CONTENT OR INFRINGEMENT OF THIRD PARTIES, AND YOU
RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND
DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY
CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THIS PRIVCAY POLICY EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OUR AGGREGATE LIABILITY ARISING OUT OF THIS
PRIVACY POLICY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR
THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCDIENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PEOPLE
GUARD’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
14. Other
A. This Privacy Policy makes up the entire
agreement between you and People Guard regarding privacy of information and
supersedes any prior agreements.
B. Notwithstanding any of the above
provisions, we may share your information (including Personal Information and
Location Information) with our affiliates: (i) to provide you the services,
such as call center services, emergency services, transportation services, or
informational services, (ii) to protect the security of the People Guard website,
and (iii) to defend claims against People Guard or its affiliates. The promises
in this Privacy Policy will apply to your information (including Personal
Information and Location Information) disclosed to affiliates.
C. If any portion of this Privacy Policy is
found to be unenforceable, the remaining portions will remain in full force and
effect.
D. If we fail to enforce any of this
Privacy Policy, it will not be considered a waiver.
E. Any waiver of this Privacy Policy must
be made in writing and signed by us.
F. You will not transfer any of your rights
or obligations under this Privacy Policy to anyone else without our prior
written consent.
G. All of our rights and obligations under
this Privacy Policy are freely assignable by us in connection with a merger,
acquisition, or sale of assets, or by operation of law or otherwise.
H. Nothing in this Privacy Policy shall
prevent us from complying with law.
I. This Privacy Policy does not confer any
third party beneficiary rights.
J. In this Privacy Policy, the word “including”
shall mean including without limitation.
K. In this Privacy Policy, the words “third
party” and “third parties” shall not mean People Guard affiliates.
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