Terms and Conditions

Welcome to securitaonline.wpengine.com the Securita, Inc. (“Securita”) Internet Website (“Site”). Please review these Terms and Conditions (“Terms of Use”) which govern your use of this Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, then you should discontinue your use of this Site. Securita reserves the right to modify or supplement these Terms of Use at any time without notice and for any reason. Continued use of this Site following any modification shall be conclusively deemed an acceptance of any such modification.

Rights in the Site and Associated Materials

Securita shall own all rights, title, and interest in the text, logos, designs, graphics, images, sounds, software files, data, content, documentation, and any other information or materials on this Site, as well as the selection, arrangement, and display of all such materials (“collectively Associated Materials”). You may copy, download and print pages from this website, so long as you use them solely for personal and noncommercial purposes; do not modify or redistribute them; and do not alter or remove any copyright, trademark or proprietary notices from the copyrighted, downloaded, or printed pages. You may not use this Site or Associated Materials other than for internal and noncommercial purposes, subject to these Terms of Use. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are the registered and unregistered marks of Securita, and the copyright notices reflect Securita’s ownership of the copyrightable material contained within the Site. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or copyrighted work, without the written permission of Securita. Securita’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without the prior, written permission of Securita, which shall only be granted pursuant to a license agreement with Securita. If you would like to obtain rights to use any of our intellectual property, including Trademarks and copyrighted works, then please email service@securitaonline.com. Except as otherwise stated herein, you may not reproduce copy or redistribute the design or layout of this Site or individual elements of the Site without the prior, express, written permission of Securita, which shall only be granted pursuant to a license agreement with Securita. Any and all rights not expressly granted herein are reserved by Securita.

Conduct

You agree not to use this Site or Associated Materials to: (i) restrict or inhibit others from using and enjoying this Site; (ii) transmit or upload unauthorized advertising, promotional materials, junk mail, “spam”, chain letters or any other form of unauthorized solicitation; (iii) transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trade secrets, trademark, rights of privacy or publicity or any other proprietary right; (iv) transmit or upload any virus or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) transmit or upload any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent; (vi) gain unauthorized access to other accounts on the Site, other computer systems or networks; (vii) store, collect or disclose any person or company’s name, address, telephone number, email address or any other information except as strictly necessary to use the Site or (viii) impersonate or otherwise misrepresent any person or entity or make false or misleading indications of origin or fact. You and not Securita shall be responsible for ensuring that your use of the Site and the Associated Materials does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to this Site, and to not damage any information on the Site as well as the Site itself. Securita shall have the right, but not the obligation, to monitor or review your conduct on this Site. Securita reserves the right to revoke any or all access authorizations granted to site visitors at any time.

Communications

You agree that any electronic mails, feedback, material, information or suggestions (“Communications”) you transmit or post to this Site will be considered non-confidential and non-proprietary. Securita shall be under no obligations with respect to the Communications and shall be free to use, reproduce, disclose and distribute the Communications to others without limitation. Additionally, Securita shall be free to use any ideas, concepts, know-how, or techniques contained in such Communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes without payment of any compensation to you. You further agree that Securita may use information about your demographics and use of this Site in any manner that does not reveal your identity. Personally identifiable information that you submit to Securita for the purpose of receiving products or services will be handled in accordance with the Securita online privacy statement.

Disclaimers

THIS SITE AND THE ASSOCIATED MATERIALS, INCLUDING WITHOUT LIMITATION ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW SECURITA MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SECURITA FURTHER DISCLAIMS ALL LIABILITY FOR CONTENT ERRORS OR OMISSIONS, DAMAGES ARISING OR CONNECTED WITH USER RELIANCE ON INFORMATION PROVIDED IN THE SITE, AND MATERIAL CONTAINED IN THIRD PARTY WEBSITES LINKED TO SECURITA’S SITE. Securita may make changes to the materials at this Site or to the products and prices described in them, at any time without notice. Securita’s obligations with respect to its product are governed by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.

Links to Third-Party Websites

This Site may contain links to websites operated by parties other then Securita. The links are provided solely as a convenience to you. Securita has not reviewed these third-party websites and does not control and is not responsible for any of these websites or their content. Thus, Securita does not endorse or make any representations about third-party websites, or any information, products or materials found on third-party websites, or any results that may be obtained from using third party websites. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

Linking to this site

You may create links to this Site from other websites, but only in accordance with the following terms. A third party site may link upon Securita’s prior written consent, provided that such site shall not replicate Securita’s content, nor should it imply Securita is endorsing it or its products. Moreover, any third party site linking to this Site shall not present false information about Securita products, nor should it contain content that could be construed as offensive or controversial.

Terms of Use Revisions

Securita may revise these Terms of Use by updating this posting. You agree that in the event any portion of these Terms of Use are found to be unenforceable, the remainder of these Terms of Use shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you agree that you will not use this Site or information contained herein for any purpose that is unlawful or prohibited by these Terms of Use.

Limitation of Liability

IN NO EVENT WILL SECURITA, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SECURITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SECURITA’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF USE OR THIS SITE AND THE ASSOCIATED MATERIALS EXCEED THE UNIT PRICE OF ANY PRODUCT SOLD ON THIS SITE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You shall indemnify, defend, and hold harmless Securita, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorney’s fees, accounting fees, and expert witness fees arising out of or related to (i) your use of this Site or the Associated Materials; (ii) any breach or non-compliance by you of these Terms of Use; and (iii) any infringement by you of Securita’s intellectual property rights on the Site. You shall have the right at your own expense to assume the exclusive defense and control of any matter subject to indemnification by you, and Securita shall not settle any matter without your prior written notice.

Forward-Looking Statements

This Site may contain statements relating to future plans, events or performance. These statements may involve risks and uncertainties pertaining to such matters as the timing and level of customers’ orders, demand for products and services, development of markets for Securita products and services, and other risks. Actual results events and performance may differ materially. You are cautioned not to unduly rely on these forward-looking statements, which speak only as of the date posted. Securita is under no duty to update any of these forward-looking statements to reflect events or circumstances after the date posted or to reflect unanticipated events.

No Waiver

The failure of Securita to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the Laws of the State of California, without regard to conflicts of law principles. The parties agree that the U.N. Convention on contracts for the international sale of goods shall not apply to this agreement. To the extent enforceable by law, all disputes and claims of any type or description arising in any way from the use of this Site, including but not limited to tort claims or claims for breach of contract, shall be submitted to and determined by binding arbitration in Santa Clara County, California pursuant to the Commercial Rules of the American Arbitration Association. The costs of the arbitration, including administrative and arbitrators’ fees, shall be shared equally by the parties. Each party shall bear its own costs and attorneys’ and witnesses’ fees. The arbitration award shall be final and each party shall comply in good faith and submit itself to the jurisdiction of the appropriate state or federal courts in Santa Clara County, California for the sole purpose of the entry of such arbitrator’s award to render effective such arbitration decision. Notwithstanding the foregoing, judgment on the award by the arbitrator may be entered in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable attorneys’ fees. THIS PROVISION IS A WAIVER OF YOUR RIGHT TO HAVE DISPUTES OR CLAIMS ARISING OUT OF THESE TERMS OF USE TO BE RESOLVED IN THE COURTS BY JURY, THE RIGHT TO CONDUCT DISCOVERY, AND THE RIGHT TO APPEAL ANY JUDGMENT, AS WELL AS ANY BENEFITS THAT COULD FLOW FROM THE ABOVE RELIQUISHED RIGHTS. IF YOU HAVE ANY QUESTIONS OR RESERVATIONS ABOUT THIS ARBITRATION PROVISION, YOU SHOULD DISCUSS THEM FULLY WITH AN ATTORNEY BEFORE ACCEPTING THESE TERMS OF USE. To the extent arbitration is not enforceable by law, all such disputes and claims shall be submitted to the appropriate state or federal courts in Santa Clara County, California, and the parties shall consent to submit to the jurisdiction and venue of Santa Clara County, California. Securita makes no representations that the materials on this Site conform to your local laws. If you are accessing this Site from a location outside of California, you alone are responsible for compliance with your local laws