Terms and Conditions of the StreetSafe™ Service
Effective
as of: June 2011
StreetSafe™, a service of People Guard LLC (“PeopleGuard” or "we")
welcomes you as a subscriber (“you” or “Subscriber”) to its services. PeopleGuard will provide its services to you subject to the following terms and conditions
of service (“Terms and Conditions”). By agreeing to subscribe to StreetSafe™,
you are bound by these Terms and Conditions. The Terms and Conditions apply to
all your StreetSafe™ services, past,
present and future, until changed or replaced by new terms and conditions.
PLEASE READ THIS DOCUMENT BEFORE
USING ANY StreetSafe™ SERVICE. KEEP A COPY OF IT IN A SAFE PLACE. READ AND KEEP A COPY OF ANY ADDITIONAL StreetSafe™ DOCUMENTS GIVEN OR SENT TO
YOU. ANY StreetSafe™ DOCUMENTS THAT
SAY THEY BECOME PART OF YOUR StreetSafe™ TERMS AND CONDITIONS SHALL BECOME PART OF THESE TERMS AND CONDITIONS IF YOU
ACCEPT ANY OF THE SERVICES THEY DESCRIBE.
YOUR StreetSafe™ SERVICE AND WHAT YOU NEED. In order to use StreetSafe™,
you must have a supported smartphone. The StreetSafe™ service is
compatible with all mobile phone carriers, that offer internet connectivity.
In order to use StreetSafe™ service, you must download the StreetSafe™ application (the “App”) on your mobile phone, register your Subscriber
information on our website and enter your subscriber identification information
in the App. Each Subscriber must
have a unique subscribed mobile phone number. Each subscription is based on a "Plan" chosen when
you signed up for the service. The
Plan determines the duration of your StreetSafe™ service, the associated charges and any optional features.
1.
Your StreetSafe™ Service and What You Need. In
order to use StreetSafe™, you must
have a supported smartphone. The StreetSafe™ service is compatible with
all mobile phone carriers, that offer internet connectivity.
In order to use StreetSafe™ service, you must download the StreetSafe™ application (the “App”) on your mobile phone, register your Subscriber
information on our website and enter your subscriber identification information
in the App. Each Subscriber must
have a unique mobile phone number. Each subscription is based on a "Plan" chosen when
you signed up for the service. The
Plan determines the duration of your StreetSafe™ service, the associated charges and any optional features.
2.
Renewal and Pricing. If you click the automatic renewal
checkbox on our website, upon your subscription expiring, we’ll automatically
charge your account (provided you have a credit card on file with us) and
extend your subscription for a comparable term, until you or we cancel your
service as allowed in these Terms and Conditions. You may terminate automatic renewal at any time by unchecking
the automatic renewal checkbox on our website. All StreetSafe™ service is payable in advance. If
you do not have a credit card on file with us (or your credit card expires or
is otherwise unable to be charged) at the time of automatic renewal, your
service may not automatically renew. Although we will attempt to contact you should this occur, renewal of
expiring StreetSafe™ services is the
Subscribers responsibility.
The price of your StreetSafe™ Plan may change over time,
and we’ll use our standard rates as then published on our website for the
applicable payment period for those charges. In addition, StreetSafe™ may provide discounts for any of its Plans from time to
time without notifying you. You
will only qualify for a discount to a Plan if you apply for such discount using
the applicable promo code when signing up for your Plan.
3.
Acceptance of Terms and Conditions. You can only get and use the StreetSafe™ service by accepting these
Terms and Conditions. Subject to
local law, you accept these Terms and Conditions and start your StreetSafe™ service when you (i)
register for the StreetSafe™ service
and check the checkbox indicating your acceptance of the Terms and Conditions or
(ii) you (or someone you authorize to use your subscription) use the StreetSafe™ service or accept any of
its benefits (including using the StreetSafe™ App on any mobile phone).
4.
Duration of Service. Your StreetSafe™ service starts when your Plan is activated on our
website and continues without interruption until you or we cancel the service
as provided in these Terms and Conditions or it expires at the end of your Plan
term.
5.
Cancellation of Service. You can cancel your StreetSafe™ service at any time. All you have to do is call us and tell a StreetSafe™ agent that you want to cancel your service. All StreetSafe™ services are fully paid in advance, and we will not refund to you any amount that
you have paid in advance should you cancel your service before the expiration
of your Plan. If you cancel your StreetSafe™ service, we have the right to deactivate your StreetSafe™ account. You
can also remove the App from your mobile phone at any time.
6.
How Much Your Service Costs. The StreetSafe™ service is priced based
upon the duration of the subscribed Plan. Our prices change from time to time, and we may offer promotional
discounts. You can get information
on the prices offered for each StreetSafe™ Plan by going to streetsafe.peopleguard.com.
7.
Changing Phones or Phone Numbers. You can
transfer your StreetSafe™ service to
another supported mobile phone. You
can also transfer your StreetSafe™ service to a different phone number from the number you originally registered. Changes are made by editing your
profile on our website.
8.
Changes in Terms and Conditions. We can change our Terms and Conditions,
change the prices we charge for StreetSafe™ services, or change, add, or delete any component of the StreetSafe™ service, at any time. Such changes will not affect the services you have already
purchased from PeopleGuard, but you will be bound by such changes upon the
purchase of any subsequent StreetSafe™ Plan
or the renewal of your current Plan. You can always get an updated copy of our
Terms and Conditions online at streetsafe.peopleguard.com.
9.
Activation and Cancellation of Silent Alarm Service. When you slide the red button on your
App, you will be given an opportunity to cancel the alarm for 15 seconds by
entering the PIN number you selected when installing the App. If you do not cancel the silent alarm
within the 15 second period (or you hit the button to
not cancel the alarm) the silent alarm function on your App will be “activated”
and you will not be able to cancel the alarm. A StreetSafe™ Advisor will then call 911 to get you emergency assistance.
10.
Network failure. All of our services rely upon the cellular network
provided by your wireless carrier in order to function. It is possible that you will be in a
location without cellular service, or where connectivity is disrupted. The StreetSafe™ service will not function without wireless network
connectivity. We have designed the
App to indicate whether we have received an alarm activation. On the App screen, the
right-hand image of a person will change color if we receive an
alarm activation. If the image
of the person on the App does not turn red, the silent alarm activation may not
have been received, and StreetSafe™ may
not know that you have requested 911 emergency assistance; as a result, StreetSafe™ may not call 911 to assist you. So long as the
silent alarm has been activated by you, it will continue to try and
reach us.
The StreetSafe™ App primarily uses internet technologies to
communicate with us. If for any
reason the App cannot communicate with us over the internet,
it will attempt to send us an SMS message instead. For the most part these SMS messages are automated and do
not require any Subscriber intervention. However, on the iPhone platform, Apple does not permit automated SMS
messaging. On iPhones, the App
will generate an SMS message but will not send it until the user confirms
sending the message. (Note: The message is encrypted to protect
privacy and will appear to be gibberish in the confirmation screen). If you do not send the SMS message, we will
not receive your silent alarm or Walk with Me™ request. Editing the encrypted
message will cause it to be discarded.
11.
Walk with Me™ Service. When you
slide the green button on your App, the Walk with Me™ function on your App is “activated”. There is no way to cancel a
Walk with Me™ request. A StreetSafe™ Advisor will call you back. If the
right-hand image of a person on the App screen does not turn green, the Walk
with Me™ activation may not have been received, and StreetSafe™ may not know that you have requested service; as a
result, StreetSafe™ may not call you
back. After the Walk with Me™
request has been successfully activated and received, a StreetSafe™ Advisor will call you back. All calls will be recorded. While
speaking with the StreetSafe™ Advisor,
if you request to be connected to a third party, such as a taxi or car service
or a friend or family member, the Advisor, may connect you with such service or
person. If you clearly request the StreetSafe™ Advisor to connect you
to 911, the StreetSafe™ Advisor will
do so. If you have selected the
emergency contact option when completing your customer profile, the StreetSafe™ Advisor will also call your
emergency contact if you need 911 to be called, as described above.
When
talking to a StreetSafe™ Advisor,
you understand and agree: (i) that any advice or information a StreetSafe™ Advisor provides you is advice
based upon the Advisor's limited understanding of the situation, (ii) that the StreetSafe™ Advisor is not there with
you, and (iii) that you are in the best position to evaluate your options
and determine what is the safest option for you.
12.
Unanswered Call, Disconnected Call or if You are Not Communicating. If (i) you have activated a Walk with Me™
request and do not answer when the StreetSafe™ Advisor calls you back, or (ii) you have activated Walk with Me™ request and
are talking to a StreetSafe™ Advisor,
and the call drops for whatever reason or (iii) the StreetSafe™ Advisor cannot hear you or you stop communicating with
the StreetSafe™ Advisor, the StreetSafe™ Advisor may or may not be
successful in calling you back again. We have no obligation to call you back or to contact the police or your
emergency contact, even if it sounds like you are in danger or in duress. Notwithstanding the forgoing, a StreetSafe™ Advisor may attempt to call
you back up to five times. If the StreetSafe™ Advisor believes for any
reason you are in danger, the Advisor may call the police.
13.
How Your Service Works and System Limitations. StreetSafe™ service is currently only available in the United States. StreetSafe™ service works using wireless communication networks and the Global Positioning
System (“GPS”) satellite network and other location services technologies. THE StreetSafe™ SERVICE MAY NOT BE AVAILABLE EVERYWHERE, PARTICULARLY IN AREAS WHERE CELLULAR
RECEPTION IS POOR. The area where
you are using your phone may affect the service that we can provide to you,
including but not limited to receiving alarms or providing your location
information to emergency responders or emergency contacts.
You
understand and agree that StreetSafe™ is not able to locate all mobile phones and that this ability will depend in
part upon factors such as your telephone service provider, telephone service
provider account limitations or mobile phone device limitations and settings.
You
understand and agree to manage your wireless telephone service provider
account, account subscriptions and Subscriber location opt-in status as
required to allow StreetSafe™ to locate and communicate with your wireless phone. These actions may include, but are not limited to, ensuring
you have any necessary data plans enabled on your wireless telephone service
provider account, ensuring your account and mobile phone location privacy
options are configured to allow StreetSafe™ to retrieve your location; and any software required to support your GPS
location, including but not limited to, the StreetSafe™ App, is installed and maintained on your mobile phone.
You
understand and agree that any location provided is approximate and does not
provide guaranteed results. A variety of factors affect the availability of
your mobile location. Your wireless device must be turned on, charged and
located within a supported wireless network coverage area, among other factors.
Your mobile phone may send StreetSafe™ your
location coordinates using different location methods, which vary greatly in
the accuracy of your location information. Alternatively, your mobile phone may
not send StreetSafe™ your location
coordinates at all. StreetSafe™ Advisors will not know how
your location coordinates are being transmitted, and as a result will not know
how accurately your mobile phone is portraying your location.
We may or
may not provide you with directions or routing information. If we do provide
directions or routing data the following shall apply:
The
routing information that we provide to you is based on the most current map
information available to us, but may be inaccurate or incomplete. For example,
our routing data may not include information about one-way roads, turn restrictions, construction projects or a turn that is prohibited by signs
at the intersection. We do not always know which route is the safest and
quickest and make no guarantees about the safety or accuracy of any route, or
the amount of time a route will take to complete. Even if our route information
is accurate, we do not guarantee that we will provide you the route information
accurately or in the quickest or most direct manner. Therefore, you should use
good judgment, obey traffic and roadway laws and instructions and evaluate
whether following our directions is safe and legal for the current conditions.
There are
problems we can’t control that may prevent us from providing StreetSafe™ service to you at any
particular time or place, or that may impair quality of the StreetSafe™ service. Availability and
accuracy of the StreetSafe™ service
is subject to network capabilities, wireless network congestion or jamming,
damage to your phone, environmental conditions such as structures, buildings,
tunnels, weather, geography, landscapes, hills and topography, available data,
atmospheric conditions and other factors associated with use of wireless
networks, satellites and satellite data. StreetSafe™ cannot
contact emergency responders for devices that are not in the United States. StreetSafe™ may not receive your silent alarm or Walk with Me™ request if you have
accessories open on your phone, such as other applications or if you use your
phone (for example, you make a
phone call or send a text message) while the App is open. Availability,
security, speed, timeliness, accuracy and reliability of service are not
guaranteed. StreetSafe™ is not responsible for any delay or failure in
performance if such failure or delay is caused by acts of nature or any causes
beyond our reasonable control. Examples
of causes beyond our reasonable control include, but are not limited to, acts
of nature, fires, earthquakes, public utility electrical failure, acts of war,
government actions, actions by law enforcement, terrorism, civil disturbances,
labor shortages or difficulties or equipment failures including Internet,
computer, telecommunication or other equipment failure, regardless of the cause
or foreseeability of the event.
14.
Calls to Third Parties. A StreetSafe™ Advisor will connect you to 911 at your request only when you tell the
Advisor to do so in a clear and unequivocal manner. StreetSafe™ will
call 911 for you when your silent alarm button on the App is activated, and we
receive the request. We will
contact one emergency contact for you, if you have selected this in your
preferences, when the silent alarm on the App is activated or we call 911 for
you following a call back.
We may at
our sole and absolute discretion contact 911 for you if, when talking to you,
we sense that you are in danger or duress, or determine that you are a danger
to yourself or others. However,
even if you appear to be in danger or duress, we are under no obligation to
contact 911 for you unless you tell us to call 911 in a clear and unequivocal
manner. We cannot guarantee the
timeliness or quality of emergency assistance.
A StreetSafe™ Advisor may use reasonable
efforts to contact an appropriate third party for help when you ask for it or
we offer to contact a third party for you and you accept. You understand and agree if an Advisor
connects you to any third party, the Advisor may or may not stay on the phone
line with you, and while the Advisor is connected to the call, the Advisor will
hear your conversation and your call will be recorded. The StreetSafe™ Advisor will hang up the phone if you direct him or her
to hang up or if the Advisor believes, at his or her sole and absolute
discretion, that he or she is no longer needed on the call.
We can’t
promise that any third party will respond in a timely, accurate or professional
manner.
15.
Our Software. StreetSafe™ service involves software that we may need or want to change from time to time. We may do this remotely without
notifying you first. Such changes
may affect or erase data you’ve stored on our website. We aren’t responsible for lost data. You do not own the StreetSafe™ software or App, or acquire any rights to modify the StreetSafe™ software on your own.
16.
PIN and Cancellations. Once you
activate the silent alarm button, you will have about 15 seconds to enter your
Pin and cancel the alarm. If we receive your cancelation within the allocated
time period, we will not contact 911 or your emergency contact, and the silent
alarm button will automatically reset. Once the 15 seconds have elapsed, even if you try to cancel
the alarm or reset the App, we will call 911 and your emergency contact (if
applicable) on your behalf.
If you
tell us to call 911 when we are on the phone with you, we cannot cancel your
call to 911 once we have placed the call.
17.
Stolen Phones. StreetSafe™ is
designed to keep you safe, and is not intended as a mobile phone recovery
service. You acknowledge and agree
that our tracking functions are intended to save human beings (for example, in
a kidnapping), and we are under no obligation to provide data to assist in
stolen phone recovery, even if we are able to do so.
18.
Your Responsibilities. It’s your responsibility to make sure
your mobile phone and StreetSafe™ App are working. You can always
open the App and make sure that your StreetSafe™ service account is active. It is
also your responsibility to register with us before you begin using the StreetSafe™ App. You’ll need to provide us with
satisfactory identification through registration before we'll provide you with StreetSafe™ service. You will also need to provide us with an
email address and mobile phone number before we can provide you service. Once you register, we will give you a subscriber
ID, which you will need for your StreetSafe™ service.
StreetSafe™ is not a substitute for 911 and
does not perform police functions. If you are in a position of safety, you are in a better
position than StreetSafe™ to explain
what is happening to a 911 operator since you are the person experiencing the
emergency. StreetSafe™ cannot see what you see. If you are
experiencing an actual emergency and are in a position to do so, you agree not
to request a call back from a StreetSafe™ Advisor, but instead to call 911 yourself for assistance.
You agree
to activate the silent alarm only when you are unable to call 911 yourself or where calling 911 is impractical or might incite
an attacker or call unnecessary attention to you. For example, you will only activate the silent alarm if
calling 911 would put you in danger. StreetSafe™ is not a
substitute for 911 and does not perform police functions.
You agree
you will only activate the silent alarm or request police assistance when
talking to a StreetSafe™ Advisor if
you are having an actual emergency. Providing intentionally misleading information to 911
operators is potentially a crime and is grounds for immediate termination of
your StreetSafe™ service. You agree not to use StreetSafe™ service for any fraudulent,
unlawful, or abusive purpose, or in any way that interferes with our provision
of services to our other subscribers. PeopleGuard does not provide counseling, psychological or
domestic violence services. It is
not a hotline. If you repeatedly
misuse StreetSafe™ services, we may
terminate your service. You agree
you won’t abuse or do anything to damage our business operations, services,
reputation, employees or facilities. If you do any of these things, you agree you’ll be
responsible for any amount anyone else claims from us, plus any expenses,
resulting in whole or in part from that abuse or your actions.
19.
Your Personal Information. You may provide PeopleGuard with personal
information for your profile. You
agree to allow us to provide this information to 911 operators, emergency
contacts or any other third party you authorize us to call. Based on the nature of a call and in its
sole and absolute discretion, PeopleGuard may or may not communicate this
information to such third parties. You agree to allow PeopleGuard to provide any information it obtains
during a call with you to 911 operators or to anyone authorized by you during
the call.
You
understand and agree that it is solely your responsibility to take appropriate
precautions to ensure that a Subscriber phone, username, password and PIN for a
Subscriber account are not accessible to any unauthorized person. You
understand and agree, and hereby warrant to us, that you will provide
Subscriber information for any Subscriber phone(s) or phone number(s) in the
possession and control of other persons beside yourself only with the knowledge
and authorization of such persons.
You
understand and agree that neither PeopleGuard nor the telephone provider for a
Subscriber phone nor any third party shall at any time undertake or have any
duty or obligation to undertake to verify or update your profile or Subscriber
information on StreetSafe’s databases. You understand and
agree that the sole means for updating or otherwise modifying your Subscriber
information is through access to Subscriber information screens for a
Subscriber account on the StreetSafe™ website. Due to the range and
variability of conditions and situations that may arise during an emergency, StreetSafe™ service cannot and does not
replace, and is not intended to replace, your verbal provision of information
to emergency service providers when making a 911 call. You understand and agree you will not
rely on your subscription to StreetSafe™ or your profile information that you have entered into the StreetSafe™ website as the sole means by which you will communicate
information to emergency service providers in the event of an emergency.
20.
Your Responsibility to Pay for Services. Depending on the StreetSafe™ Plan and renewal options you choose, you’ll have
different payment responsibilities, but you must always pay on time (unless the
law provides otherwise) in full. If
your credit or debit card provider refuses a charge, we will terminate or
suspend your service resulting in deactivation of your StreetSafe™ service. You’re
responsible for paying directly to others (such as emergency Service Providers
OR GOVERNMENT ENTITIES) all charges for services furnished by them, including any charges for false alarms IF
APPLICABLE; You agree to indemnify
us for such charges.
21.
Disputed Charges. If you object to any fees or charges for
services, you must tell us in writing within 60 days after the fee or charge is
incurred (unless the law does not allow a limit or the law requires a longer
period), OR YOU WAIVE THE RIGHT TO DISPUTE.
22.
Taxes and Other Government Charges. You agree to pay all federal, state and
local taxes and other fees and service charges that we’re required by law to
collect and remit to the government on the services we provide to you. These
charges may change from time to time without advance notice.
23.
Other Users of Your Phone. YOU ARE SOLELY RESPONSIBLE FOR ANY USE
OF YOUR MOBILE PHONE AND FOR USE OF THE StreetSafe™ SERVICE ON YOUR PHONE, EVEN IF YOU AREN’T THE ONE USING IT, AND EVEN IF YOU
LATER CLAIM THE USE WASN’T YOU. Neither we nor any third party has any obligation to inquire
about the authority of anyone using your mobile phone. Neither we nor any third
party has any obligation to inquire about the authority of anyone using
your PIN, Password, or other information that can be used to identify your
account to request service. If you
or a user of your mobile phone, use StreetSafe™ to commit a crime or for another improper purpose, or in violation of these
Terms and Conditions, you agree that YOU WILL BE RESPONSIBLE FOR ANY CLAIMS
MADE AGAINST PEOPLEGUARD AND FOR ANY COSTS, DIRECT OR INDIRECT, INCURRED BY PEOPLEGUARD
ARISING OUT OF OR RELATED IN ANY WAY TO THAT CRIME, ACT, OR BREACH OF THESE
TERMS AND CONDITIONS. YOU AGREE TO
PAY PEOPLEGUARD IMMEDIATELY UPON DEMAND ALL SUCH AMOUNTS. If you or a user of your mobile phone,
use StreetSafe™ and are charged any
fees or penalties by any emergency service provider or government entity for
any reason, YOU WILL BE RESPONSIBLE FOR ANY CLAIMS MADE AGAINST PEOPLEGUARD AND
FOR ANY COSTS, DIRECT OR INDIRECT, INCURRED BY PEOPLEGUARD ARISING OUT OF OR
RELATED IN ANY WAY TO SUCH AMOUNTS CHARGED BY SUCH EMERGENCY SERVICE PROVIDER
OR GOVERNMENT ENTITY.
24.
Our Right to Terminate or Suspend Your StreetSafe™ Service. We may terminate your StreetSafe™ service without cause, in
which case we will give notice 30 days prior to the effective date of
termination after which your account will be deactivated and your service will
terminate. This means that we can
decide to cease providing StreetSafe™ service to you at any time and for any reason, even for reasons unrelated to
you or your account with us. In
such a case, we’ll refund any amounts you have paid in advance. Also, we may terminate your service
without prior notice to you for any good cause. This means, for example, we can terminate your service immediately
if you breach any part of these Terms and Conditions or any StreetSafe™ policy, don’t pay amounts
that are due to us, interfere with our efforts to provide service, interfere
with our business, provide us with a mobile phone number that is no longer
valid or that becomes invalid or if your StreetSafe™ service is used for illegal or improper purposes. You don’t have any right to have StreetSafe™ reactivated, even if you
cure any of these problems. Whether
to allow you to have service again will be entirely up to us. We can suspend your StreetSafe™ service for any reason above or we can terminate it. We
can also suspend it for network or system maintenance or improvement, or if we
suspect your service is being used for any purpose that would allow us to
terminate it. If we terminate your
service for good cause we will not provide any refund of amounts you have paid
in advance.
25.
Your Privacy. Some of our key privacy practices are outlined in this
section. For a complete
description of our privacy practices, please refer to our Privacy Policy. We may update our Privacy Policy from
time to time to reflect new services or changes to our business and will
include the date of the last revision. We advise you to check for changes to the Privacy Policy
periodically. You can access the
current privacy policy at streetsafe.peopleguard.com.
We may
collect information about you in several different ways: from what you yourself
and your mobile phone provides us; from your use of StreetSafe™ service; from calls or emails between us; from StreetSafe™ web pages you visit, from
third-party data providers and from your mobile phone when your App is
activated. We may receive location information when you open your App. We also
record all telephone calls with you.
You agree
that we can, subject to applicable law, use this information to: provide StreetSafe™ services, including
providing profile information to emergency service providers; manage your
account or StreetSafe™ services;
conduct analysis and research; comply with legal requirements; prevent fraud or
misuse of StreetSafe™ service;
protect our rights or property or the safety of you or others; send you
important StreetSafe™ related
messages and offer you new or additional products and services.
Because StreetSafe™ provides services through
wireless networks, we can’t guarantee that your
communications won’t be intercepted by others. You agree we won’t be
liable for any damages for any loss of privacy occurring in communication over
such networks.
26.
Calls are Recorded. We record and monitor conversations
between you and our Advisors, emergency service providers, your emergency
contact, taxi or car service companies, or other third parties. Please note
that our StreetSafe™ Advisors may remain on
the line if they conference in a third party to assist in completing a service
request and those calls will be recorded. StreetSafe™ is not
required to release any audio or physical records that are created as part of
the StreetSafe™ service without a
subpoena. Our policy is to provide
access to our recordings only when necessary to assist emergency service
providers in locating you.
27.
Disclaimer of Warranties. Warranties are special kinds of
promises. WE DON’T MAKE ANY
WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE StreetSafe™ APP OR SERVICE. In addition, StreetSafe™ cannot promise
uninterrupted or problem-free service, and cannot promise that the data or
information provided to you will be error–free. ALL DATA, INFORMATION AND SERVICE IS
PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE ANY WARRANTIES, OF ANY
KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, ABOUT StreetSafe™ SERVICE OR ABOUT ANY DATA OR INFORMATION OR SERVICES
PROVIDED THROUGH IT. THIS MEANS,
AMONG OTHER THINGS, NO WARRANTIES OF GOOD FAITH, REASONABILITY, CONTENT,
QUALITY, ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY,
MERCHANTABILITY, PERFORMANCE, AVAILABILITY, WORKMANSHIP, WORKMANLIKE EFFORT,
FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF NEGLIGENCE,
PERFORMANCE DESPITE LOSS OF ELECTRICAL POWER, SUITABILITY, OR NON-INFRINGEMENT,
EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION,
STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF ANY WARRANTY OR DUTY BY PEOPLEGUARD
OR ITS affiliateS, or any employee, director, shareholder, attorney or
agent of PEOPLEGUARD OR ITS affiliateS. ALL SUCH WARRANTIES ARE
EXPRESSLY EXCLUDED BY THESE TERMS AND CONDITIONS.
28.
Limitation of Liability. YOU AND PEOPLEGUARD ARE EACH WAIVING IMPORTANT RIGHTS UNLESS FORBIDDEN BY LAW IN A
PARTICULAR INSTANCE. WE EACH AGREE
AS FOLLOWS:
FIRST, WE
AREN’T LIABLE FOR THE ACTIONS OR INACTIONS OF ANY THIRD PARTY WE CONTACT FOR
YOU, OR FOR OUR INABILITY TO CONTACT ANY THIRD PARTY IN ANY PARTICULAR
SITUATION.
SECOND, WE
AREN’T LIABLE TO YOU FOR ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR
RELATING TO YOUR USE OF THE StreetSafe™ APP OR SERVICE, including but not limited to injuries to persons or property
arising out of (i) your reliance on StreetSafe™ service to provide assistance and based on that reliance not calling for
emergency assistance yourself; (ii) the StreetSafe™ Advisor calling your emergency contact, regardless of what is said on that call
or voicemail; (iii) advice or assistance you obtain from a StreetSafe™ Advisor of any kind; (iv) you not understanding what
the StreetSafe™ Advisor is saying for
whatever reason, including communication styles or voice quality of the StreetSafe™ Advisor; (v) you being
distracted by using the StreetSafe™ service or App on your mobile phone; (vi) the StreetSafe™ Advisor not contacting the police, your emergency
contact, or a third party even when a reasonable person would believe that the
police, your emergency contact, or a third party should be contacted; (vii)
your StreetSafe™ App not working for
any reason; (viii) your silent alarm or Walk with Me™ buttons failing to activate,
or your reliance on either of their activation when in fact they have not activated;
(ix) you not having access to either or both of your silent alarm button or
your Walk with Me™ button because the App has not reset due to any reason; or (x) not receiving
emergency assistance in a timely manner, or injuries
to persons or property or reputation arising from StreetSafe™ contacting the
police, other emergency SERVICE PROVIDER or your emergency contact WITH OR
without your consent, or not canceling A CALL TO THE police, emergency
SERVICE PROVIDER, OR EMERGENCY
CONTACT when requested by you OR any
damages arising out of or relating to the installation, repair or maintenance
of the StreetSafe™ App.
THIRD, OUR
MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD,
MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, TORT OR PRODUCTS
LIABILITY) IS LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE CHARGES CHARGED
TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH SUCH
DAMAGES OCCUR.
FOURTH,
UNLESS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, YOUR MAXIMUM LIABILITY
TO US UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION,
BREACH OF CONTRACT, PERSONAL INJURY, TORT OR PRODUCTS LIABILITY) IS LIMITED TO (i)
ANY CHARGES DUE AND OWING BY YOU TO US and (ii) ANY INDEMNIFICATION PROVIDED TO
US UNDER THESE TERMS AND CONDITIONS.
FIFTH,
NEITHER YOU NOR WE CAN RECOVER (1) PUNITIVE DAMAGES, (2) TREBLE, CONSEQUENTIAL,
INDIRECT, OR SPECIAL DAMAGES, OR (3) ATTORNEY’S FEES. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST
EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT OR COMPENSATORY
DAMAGES AS LIMITED IN THESE TERMS AND CONDITIONS.
SIXTH, WE
HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS OF 24 HOURS OR LESS. TO RECEIVE
SERVICE CREDIT FOR LONGER INTERRUPTIONS, YOU MUST NOTIFY US WITHIN 60 DAYS
AFTER THE TIME WHEN THAT SERVICE INTERRUPTION STARTED. NO ONE IS LIABLE TO YOU
FOR DROPPED CALLS, EVEN IF A StreetSafe™ ADVISOR DOES NOT CALL YOU BACK, OR INTERRUPTED SERVICE, OR IF ALARM ACTIVATIONS
ARE NOT RECEIVED BY US, OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY
ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER OR
ANY OTHER THINGS WE DON’T CONTROL, regardless
of the cause or foreseeability of the event.
SEVENTH,
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS, YOU AGREE TO
EXCUSE ANY NON-PERFORMANCE BY US CAUSED IN WHOLE OR IN PART BY AN ACT OR
OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL
DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND OUR
CONTROL, regardless of the cause or
foreseeability of the event.
EIGHTH,
YOU AGREE THAT NEITHER WE NOR ANY THIRD PARTY WHO
SENDS YOU DATA OR INFORMATION THROUGH StreetSafe™,
IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR
INFORMATION.
Finally, you agree that the limitations of liability and indemnities
in these Terms and Conditions will survive even after your Subscription has
ended. These limitations of
liability apply not only to you, but to anyone using your mobile phone or the StreetSafe™ App or to anyone making a
claim on your behalf, and to any claims made by your family, employees,
customers, or others arising out of or relating to your StreetSafe™ service or StreetSafe™ App.
Note: Some states don’t allow an exclusion or limitation of
incidental or consequential damages or certain other damages, so some of the
limitations above may not apply in some situations.
29.
Dispute Resolution. If you and we have a disagreement
related to StreetSafe™ service, we’ll
try to resolve it by talking with each other. If we can’t resolve it that way, WE BOTH AGREE, TO THE FULLEST EXTENT
PERMITTED BY LAW, TO USE CONFIDENTIAL ARBITRATION, NOT LAWSUITS TO RESOLVE THE DISPUTE. Of course, either of us can always
contact a government agency or regulatory authority for help, too. Here’s how
private arbitration will work:
Any
dispute between us will be resolved exclusively and finally by arbitration
administered by and under the Commercial Arbitration rules of the AMERICAN
ARBITRATION ASSOCIATION (“AAA”). If the AAA ceases to exist, we will
agree on another arbitration forum. The arbitration will be conducted by three neutral
arbitrators and will be limited solely to the dispute between us. THESE TERMS AND CONDITIONS DO NOT PERMIT
CLASS ARBITRATIONS EVEN IF AAA PROCEDURE OR RULES WOULD. (IF A COURT OR ARBITRATOR REFUSES TO
HONOR THIS LIMITATION IN ANY PARTICULAR DISPUTE BETWEEN US, THEN THIS
ARBITRATION CLAUSE WILL BE VOID AND UNENFORCEABLE TO THE EXTENT OF THAT
PARTICULAR DISPUTE.)
The
arbitration will be held in Chicago, Illinois or by telephone at your option.
There’s no judge or jury in arbitration, and
review is limited, but an arbitrator can award the same damages and relief, and
must honor the same limitations in these Terms and Conditions as a court would. If an applicable statute REQUIRES
an award of attorney’s fees, and arbitrator can award them, too.
Any
arbitration award made after completion of arbitration is final and binding and
may be confirmed in any court of competent jurisdiction. An award and any judgment confirming it
only applies to the arbitration in which it was awarded and can’t be used in
any other case except to enforce the award itself.
We agree
that the arbitration, including the evidence, the argument and the outcome, is
confidential between us. We can
tell our lawyers and, if necessary, our financial advisors and insurers about
the arbitration if they agree to keep it confidential too. We can both tell others but only if
required by law. The arbitrator we
appoint has to agree to this confidentiality protection too. Nothing in these Terms and Conditions
prevents either of us from filing the arbitration award with a court to enforce
or appeal such award, though we agree that the evidence and arguments of the
parties related to such award will be treated as confidential information
subject to court approved protective order.
IF FOR
SOME REASON THESE ARBITRATION REQUIREMENTS DON’T APPLY, any claim that you have
will be brought exclusively in a state or federal court located in Cook County,
Illinois, and WE EACH WAIVE ANY TRIAL BY
JURY.
30.
Governing Law. To the fullest extent permitted by law and except as
explicitly provided otherwise, these Terms and Conditions and any disputes
arising out of or relating to these Terms and Conditions will be governed by
the laws of the state of Illinois without regard to its conflict of law
principles.
31.
Notices. If any provision of these Terms and Conditions requires a
written notice, then the following rules apply. Any written notice from us will be considered given when we
send it by email to any email address you’ve provided to us, or two days after
we mail it to you at the most current billing address we have on file for you. Any written notice from you required by these
Terms and Conditions will be considered given when we receive it at 676 N.
Michigan Avenue, Suite 2800, Chicago, IL 60611. If these Terms and Conditions do not require that the notice
be written, then it can be written or oral. Any oral notice from us will be considered given when we
reach you or any adult, or leave a recorded message, at any telephone number
you have provided us. ANY ORAL
NOTICE FROM YOU WILL BE CONSIDERED GIVEN WHEN YOU PROVIDE IT TO ONE OF OUR
OPERATORS AND CONFIRM IT HAS BEEN RECORDED.
32.
Other Beneficiaries. Our affiliates are intended
beneficiaries of these Terms and Conditions. You agree that you will make
anyone registered under your StreetSafe™ Plan, including family members or employees, and anyone using your StreetSafe™ App or mobile phone aware
of our rights and subject to the limitations of these Terms and Conditions.
33.
Our Relationship With You. No matter what else it says, these Terms and Conditions do not create any fiduciary relationships
between you and us. These Terms
and Conditions do not create any relationship of principal and agent,
partnership, or employer and employee, either.
34.
Assignment. We can assign our rights under these Terms and Conditions or
your obligations to pay under in whole or in part to anyone we choose. You can’t assign your rights under these
Terms and Conditions to anyone else without our prior written consent.
35.
Minimum Age. You agree to not use StreetSafe™ service if you are under the age of 13.
36. Entire Agreement. These Terms and Conditions (and any other StreetSafe™ documents or policies incorporated in them) constitute the entire agreement between us.
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