a. WEBSITE ACCESS AND SERVICE: InfoGenius, Inc. ("InfoGenius") agrees to provide you ("User") with access to websites used to administer the AlertBot monitoring service (the "Website") such as, but not limited to, https://manager.alertbot.com and to deliver the AlertBot monitoring service (the "Service") subject to the terms and conditions set forth below. Access to the Website and the Service are provided for your personal or internal business uses only.
b. USER'S ASSENT TO TERMS: By using the Website or the Service you agree to be bound by these Terms and Conditions and you consent to the terms of the InfoGenius Privacy Policy. The InfoGenius Privacy Policy can be found at https://www.alertbot.com/legal/privacy.aspx and is incorporated herein by this reference. If you do not agree to all of the terms of this Agreement and consent to the Privacy Policy, you should exit the Website and you may not access the Website or use the Service.
c. ADDITIONAL RESTRICTIONS: Depending on where the Service is accessed from, additional restrictions may apply. User is prohibited from accessing the Service and materials available over the Service from territories where such activities are illegal. User agrees to comply with all local applicable rules regarding online conduct and content in connection with use of the Service.
d. CHILDREN: Children, defined for purposes of this agreement as persons younger than 16 years of age, are not permitted to access the Website or use the Service. Children should not submit any personally identifying information.
a. TRADEMARKS: The Service is owned and operated by InfoGenius. The trademarks, logos, service marks (the "Marks") displayed on the Website are owned by InfoGenius or third parties. Your use of the Website or the Service confers no rights to the Marks and you may not use, reproduce or display a Mark without its owner's prior written consent.
b. COPYRIGHTS: The Website and all its contents ("Content") are copyrighted, and such copyrights are owned by InfoGenius or the author of such content. You are permitted to view, print, and/or distribute Content in hard copy from the Website provided that: (1) you use the Content for your personal or internal business use and not for any purpose contrary to InfoGenius' commercial interests; (2) you do not copy or use any Content on any network or other website for public or commercial purposes; (3) you do not modify, alter, or create derivative works of, the Content; and (4) you include InfoGenius' copyright notice on such Content as follows: Copyright 2016 InfoGenius, Inc., All Rights Reserved.
c. NO LICENSE: Except as expressly provided herein, nothing included in the Website or the Service is intended, nor shall be construed, as conferring any license or right under any Mark, copyright, or patent.
d. LINKS TO THIRD-PARTY SITES: The Website may contain links to third-party sites. You acknowledge and agree that InfoGenius is not responsible or liable for the content, information, services, or products of such third-party sites. You assume all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by InfoGenius.
e. LINKING TO ALERTBOT: You may create links to pages on the https://www.alertbot.com website, but may not imply sponsorship, agency, or any other relationship between the Website and the site providing the link without prior written consent.
a. ACCOUNTS and ACCOUNT USERS: You agree to provide truthful and accurate account information for purposes of registration to use the Service and creation of an InfoGenius Account. An InfoGenius Account may be created in the name of an individual, corporation or other entity authorized to conduct business and enter agreements. You hereby warrant that you are authorized to enter this agreement on behalf of the registering party (the "Account Holder"). An Account Holder may authorize one or more individuals ("Account User") to use its Account.
b. PASSWORD AND SECURITY: An Account Holder must select the login names for each "Account User." The Account Holder is solely responsible for all activity of the Account Users it has authorized to use its InfoGenius Account. Confidentiality of the passwords and login names is the sole responsibility of the Account Holder. The Account Holder agrees to immediately notify InfoGenius if the security of his/her account is compromised. InfoGenius is not liable for any damages resulting from a third party's use of a User's Account, with or without the Account Holder's knowledge or consent. Account Holder may end authorization by administrating the user through the Website or by providing notice to [email protected]. Such notice will be effective upon confirmation by InfoGenius, via email, of receipt.
c. PAYMENT: Payment shall be made (1) in accordance with InfoGenius' service fees to be mutually agreed by User and InfoGenius and (2) in accordance with a payment schedule to be mutually agreed by User and InfoGenius. For questions about payment and billing, please contact [email protected]. The Account Holder's account will automatically renew on a monthly basis, unless either party suspends or terminates the account in advance of the monthly renewal date.
d. DEFAULT: Account Holder will be in default under these Terms if it (1) fails to pay any amount when due, (2) fails to comply with any provision of these Terms, or (3) makes any representation that is or becomes untrue. Upon default, InfoGenius may (1) terminate all or any part of the Service, and/or (2) take any other lawful action InfoGenius deems appropriate to enforce Account Holder's performance of these Terms and/or obtain damages for Account Holder's breach. In the event of default, Account Holder agrees to pay costs and reasonable attorney's fees InfoGenius incurs in enforcing its rights or collecting payment under this Agreement.
e. SALES/USE TAXES Account Holder will pay all sales or use taxes, if any, as billed by InfoGenius. User will also pay all other local, state or federal taxes arising out of his use of Service (excluding any income taxes), and User will provide InfoGenius with written proof of payment upon request.
f. BILLING INFORMATION: Account Holder agrees to supply InfoGenius with any changes to information, such as credit card information, used for billing purposes in a timely manner. Failure to provide this information may result in suspension or termination of the User's Service account.
g. LIMITATION ON CLAIMS: User agrees not to make claims for billing errors occurring more than 90 days prior to the date of claim. All bills are considered final after 90 days.
h. CHANGE OF FEES: InfoGenius may change fees at any time upon notice to Users. For existing Account Holders, the change will take effect on the next renewal cycle after notice is given to the Account Holder.
i. TERMINATION OR SUSPENSION OF ACCOUNT: InfoGenius may choose to discontinue or suspend an Account at any time, without cause or prior notice. Upon termination, the Account Holder will be responsible for current charges up to and including the day of termination, including outstanding balances and late fees.
a. ROBOTS: User agrees not to cause or allow robots or other automated processes to act upon or interact with InfoGenius' systems or user interfaces without prior written permission from InfoGenius.
b. UNREASONABLE LOAD: User agrees not to use InfoGenius' services in a way that causes unreasonable load on InfoGenius' systems or unwanted load on systems with which you direct InfoGenius' services to interact.
c. SUSPEND MONITORING: User agrees to suspend monitoring of sites that have been inoperable for a period of greater than 120 hours.
d. NO RESALE: User agrees not to resell, transfer, license, assign, or make any external commercial use of the Service without the express consent of InfoGenius, which InfoGenius may withhold at InfoGenius' sole discretion.
e. USE OF DATA: User agrees not to disclose data acquired from the Service about websites or servers not directly owned by User unless express written consent is given by InfoGenius and the website or server owner.
f. OTHER LAWS: User will comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the Service.
a. NO WARRANTY: InfoGenius will make commercially reasonable efforts to assure the accuracy of information provided by this Website and the Service and to provide the Service in accordance with its description. The Service is provided on an "as is" and "as available" basis. InfoGenius assumes no obligation that the Service is suitable for the Account Holder's or User's needs, will be uninterrupted, secure, timely, or error-free. InfoGenius does not guarantee that information available from, or through, the Service is either accurate or reliable, that defects in the software will be corrected, or that the Service will be free of computer viruses or other harmful components. INFOGENIUS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, OR NONINFRINGEMENT. IN NO EVENT SHALL INFOGENIUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, USE, PROFITS, OR OPPORTUNITY, AND THE COSTS OF SUBSTITUTE SERVICE OR DAMAGES RESULTING FROM A THIRD PARTY'S UNAUTHORIZED USE) RELATED TO, OR ARISING FROM, USE, MISUSE, OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER OR NOT THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION APPLIES TO CLAIMS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LIABILITY, OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW LIMITING LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, INFOGENIUS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED UNDER LAW.
b. REMEDY: You agree that Account Holder's and User's sole remedy for any breach of this Agreement by InfoGenius shall be termination of User's or Account Holder's Account and use of the Service without further obligation to InfoGenius.
c. INDEMNIFICATION: Account Holder and/or User agree to defend, indemnify, save, and hold InfoGenius, its officers, representatives, employees, consultants, partners, co-brands, and agents, harmless from and against any claims, actions, damages, expenses, loss, liability, or demands, including but not limited to reasonable attorney's fees, by third parties arising from or related to the User's use or misuse of the Service, violation of the Terms of this agreement, or infringement of third-party rights. This indemnification agreement shall survive any termination or suspension of Service.
a. CHANGE OF TERMS: InfoGenius may change the Terms and Conditions at any time. If InfoGenius makes changes to the Terms and Conditions, InfoGenius will post the updated Terms and Conditions on the Website, which shall serve as the sole notice to users and Account Holders of the change. It is the Account Holder's and User's sole responsibility to review the Terms for changes. Continued use of the Service will be deemed acceptance of the changed Terms and Conditions.
b. HEADINGS: The section headings contained in this agreement exist solely for readability and have no contractual or legal significance.
c. ASSIGNMENT: Account Holder and/or User may not assign this Agreement (by operation of law or otherwise) without the prior consent of InfoGenius. InfoGenius may assign or subcontract all or part of InfoGenius' rights and obligations under these Terms, in which event User will look only to InfoGenius' assignee and not to InfoGenius for any further performance.
d. FORCE MAJEURE: The Service is provided via multiple public and private facilities, some beyond InfoGenius' control. InfoGenius does not guarantee the quality or condition of the Service. The Account Holder and/or User agree not to hold InfoGenius responsible for any lost data or interruption of Service of any kind.
e. NO AGENCY OR THIRD PARTY BENEFICIARY: Account Holder and/or User agree that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship exists as a result of this Agreement or use of the Service. User and/or Account Holder acknowledge that he/she has no authority or power to bind InfoGenius. In no event shall InfoGenius be liable for any representation, act or omission made by User or Account Holder. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.
f. SEVERABILITY: If any provision of the Terms is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
g. NO WAIVER: Any failure by InfoGenius to enforce any provision of these Terms shall not constitute a waiver of any rights under such provision or any other provision of these Terms.
h. NOTICES: Except as explicitly stated otherwise, any notices to InfoGenius shall be given by registered mail to InfoGenius, Inc. Attn: Legal Department P.O. Box 90550, Allentown, PA 18109 and such notice shall be deemed given upon receipt by InfoGenius. User or Account Holder may also provide notice to InfoGenius via email at [email protected]. Notice provided by email to InfoGenius shall not, however, be valid unless receipt of such email is confirmed by InfoGenius via return email or otherwise.
Notices from InfoGenius to User and/or Account Holders shall be given via email using the email address provided during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, InfoGenius may give an Account Holder notice by certified mail, postage prepaid and return receipt requested, to the address provided to InfoGenius during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
i. JURISDICTION: This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of law provisions. Both the User and InfoGenius consent to the exclusive jurisdiction and venue of the appropriate Federal or State court of Lehigh County, Pennsylvania, USA, for resolution of any dispute arising out of or relating to the Terms.
j. ENTIRE AGREEMENT: These Terms comprise the entire agreement between the User and InfoGenius regarding the Service and supersedes all previous agreements, stated or implied, made by InfoGenius' representatives regarding the matters addressed in these Terms.
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