Welcome to the user agreement for Call Alert Center LLC, a Wyoming Limited Liability Company (“we,” “us” or “our”). This user agreement, together with other terms posted on other areas of this website (this “Site”), is the “Agreement”; the Agreement governs access to and use of this Site, as well as transactions completed, by you or the entity that you represent (“you” or “your”). Please read this Agreement carefully before using or engaging in transactions on this Site. This Site is available for your use only if you acknowledge and agree to be bound by the terms and provisions of this Agreement. If you do not agree to be bound by the terms and provisions of this Agreement, do not access, use, register or engage in any transaction on this Site. By accessing or using this Site, you acknowledge and agree that (i) you have read, and you are bound by, the terms and provisions of this Agreement, and (ii) this Agreement constitutes a legal and binding agreement between us and you.
Description of Services
Call Alert Center currently provide storage of personal identifying information to facilitate rapid dissemination of such information when necessary. We will provide such storage and dissemination provided you abide by the terms and conditions set forth herein and in each of our policies and procedures. You acknowledge that we are performing a valuable service and the work has been completed immediately upon registration; therefore all fees paid are fully earned immediately upon receipt and not refundable for any reason.
Scope of this Agreement; Amendments
This Agreement governs your access to and use of this Site, including all transactions conducted and all applications, software and services available via this Site (collectively, the “Services"). We reserve the right, in our sole discretion, to amend, change, delete, modify, revise or update this Agreement at any time. Any such amendments, changes, deletions, modifications, revisions or updates will be effective immediately upon their publication on this Site. Accordingly, you acknowledge and agree that your continued access use of this Site after any such amendments, changes, deletions, modifications, revisions or updates will constitute your acknowledgment and agreement to be bound by such amendments, changes, deletions, modifications, revisions or updates.
Privacy Policy
Any information collected from or provided by you at this Site is subject to the terms and provisions of our Privacy Policy. By accessing or using this Site, you acknowledge and agree that you have read the terms and provisions of our Privacy Policy. With respect to any individual whose personal information is provided by you to us, you represent and warrant to us that you have obtained all necessary consents for the processing of such personal information contemplated by the Services you are using and by our Privacy Policy, including the transmission of such data in the United States or any other country whose laws, rules and regulations may not provide the same level of protection for the personal data as the laws, rules and regulations of such individual’s country of origin.
Site Ownership; Limited License
This Site is owned by Call Alert Center LLC. Any and all intellectual property rights (collectively, the “Intellectual Property”) associated with this Site and/or its contents, including the text, graphics, images, software, audio and video clips, links, logos, icons and other items and materials contained on this Site (collectively, the “Content”), are the exclusive property of us, our affiliates and/or other individuals or entities. All custom text, graphics, images, audio and video clips, logos, icons and other items contained on this Site are registered and/or unregistered trademarks, trade dress or service marks (collectively, the “Marks”) of ours, our affiliates and/or other individuals or entities that have granted us a license to use the Marks. Accordingly, except to the extent expressly provided in this Agreement, you may not amend, assign, change, communicate, convey, copy, create derivative works from, display, distribute, exploit, export, import, modify, post, publish, redistribute, reproduce, republish, retransmit, revise, sell, transfer, transmit, update, upload or otherwise use, in whole or in part, the Intellectual Property, the Content or the Marks without our prior express written consent of the appropriate individuals or entities.
Subject to the terms and provisions contained in this Agreement, we hereby grant you a limited, non-exclusive, non-transferable access and use this Site, the Services and the Content (i) in the manner presented by us, and (ii) to the extent expressly provided in this Agreement. No other license to access or use this Site, the Services or the Content is granted or implied.
Restrictions on the Use of this Site
In addition to the other restrictions contained in this Agreement, you acknowledge and agree that you will not, directly or indirectly, without our prior express written consent, (i) disguise the origin of information transmitted to or through this Site, (ii) access or use this Site, the Services or the Content for any purpose or in any manner inconsistent with the terms and provisions of this Agreement, (iii) violate any federal, state, local or jurisdictional law, rule or regulation while accessing or using this Site, the Services or the Content, (iv) infringe upon or violate the intellectual property rights, privacy rights, moral rights, rights of attribution or any other similar rights of any individual or entity while accessing or using this Site, the Services or the Content, (v) post, publish or transmit any information on this Site that is abusive, defamatory, false, harassing, inaccurate, inappropriate, libelous, misleading, offensive, threatening, unlawful, vulgar or otherwise objectionable, (vi) post or publish any information on this Site that is intended to advertise or solicit business, including any multi-level marketing scheme, (vii) install, upload or otherwise introduce any material to this Site that contains any trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, or interfere with this Site, the Services or the Content, (viii) frame or utilize framing techniques to enclose any portion or aspect of the Content, (ix) corrupt, hack, modify or otherwise tamper with this Site, the Services or the Content, (x) impersonate any individual or misrepresent your affiliation with any individual or entity, or (xi) access or use this Site in any manner that reflects negatively on our reputation or goodwill.
Links
As a courtesy to you, the Site may contain links to websites and resources owned by other individuals and entities (collectively, the “Third Party Sites”). If you utilize the links to the Third Party Sites, you may leave this Site. If you decide to visit the Third Party Sites, you acknowledge and agree that (i) you do so at your own risk, (ii) it is your responsibility to guard against, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with your computer system, (iii) we are not endorsing, nor are we responsible for, the information or the content contained on the Third Party Sites, or the products or services promoted, offered by or sold on the Third Party Sites (iv) we are not liable for any consequential, direct, exemplary, incidental, indirect, punitive, special or other claims, damages, expenses (including reasonable attorneys’ fees) and other losses, including damages for loss of use of the Services or the Content, lost access to this Site, lost goodwill or profits, or other intangible losses, whether in contract, tort, strict liability, product liability or any other theory of liability, arising out of, connected with or related to the Third Party Sites. Linking to any page of the Site other than to callalertcenter.com through a plain text link is prohibited in the absence of a separate linking agreement with us.
Your Obligation
You agree that you have provided accurate and complete information in the application process. If you provide any information that is inaccurate, false, misleading or incomplete, we have the absolute right, in its sole discretion, to terminate our Services, in which event the fees paid will not be refunded. You represent and warrant that (i) your content does not and shall not contain any content, materials, data, work, trade name, trade or service mark, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; (ii) you acknowledge that information will not be treated as confidential or proprietary, except as provided in the privacy policy and (iii) you are granting us an irrevocable, royalty-free, unlimited and worldwide license to communicate, convey, copy, create derivative works from, display, distribute, export, publish, redistribute, reproduce, republish, retransmit, sell, transfer, transmit or otherwise use information submitted for purpose of this Agreement. You are responsible for the accuracy and correctness of all information supplied.
Monitoring
You acknowledge and agree that we will monitor this Site to (i) comply with any necessary laws, rules and regulations, (ii) operate this Site properly, or (iii) protect you, us or our affiliates.
Termination
You acknowledge and agree that we, in our sole discretion, may discontinue, limit, suspend or terminate your access to and/or use of the Site, the Services and/or the Content at any time, and for reason (your breach of this Agreement). If we discontinue, suspend or terminate your access to or use of the Site, the Service or the Content, you acknowledge and agree that you will (i) discontinue your access to and use of the Site, the Services and/or the Content, as applicable, immediately, and (ii) destroy any copies of the Content in your possession immediately. Your access or use of the Site, the Services or the Content after any discontinuation, suspension or termination will constitute an act of trespass.
Indemnification
You agree to indemnify and defend us, and our successors, assigns, partners, members, owners, shareholders, officers, affiliates, licensors, licensees and representatives (collectively the “Indemnified Parties”), with respect to, and hold the Indemnified Parties harmless from, any claims, damages, expenses (including reasonable attorneys’ fees) and other losses that the Buyer Indemnified Parties, or any of them, may directly or indirectly incur or suffer by reason of, or which results from, arises out of or is based upon (i) your access to or use of the Site, the Services, the Content, the Third Party Sites or the Internet, (ii) your posting, publishing or transmitting of the User Information on, through or to this Site or the Third Party Sites, (iii) any discontinuation, suspension or termination of the Site, the Services or the Content, and (iv) your violations of any of the terms or provisions of this Agreement.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, WE, ON BEHALF OF OURSELVES AND THE REMAINING INDEMNIFIED PARTIES, EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR LOSSES, INCLUDING DAMAGES FOR LOSS OF USE OF THE SERVICES OR THE CONTENT, LOST ACCESS TO THIS SITE, LOST GOODWILL OR PROFITS, OR OTHER INTANGIBLE LOSSES, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH OR RELATED TO (i) YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, (ii) YOUR POSTING, PUBLISHING OR TRANSMITTING OF THE USER INFORMATION ON, THROUGH OR TO THIS SITE, (iii) ANY DISCONTINUATION, SUSPENSION OR TERMINATION OF THE SITE, THE SERVICES OR THE CONTENT, AND (iv) YOUR VIOLATIONS OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, EVEN IF WE WERE ADVISED OF SUCH POSSIBILITY, OR IF SUCH CLAIM, DAMAGE, EXPENSE OR LOSS WAS FORESEEABLE IN ANY WAY. IN THE EVENT ANY INDEMNIFIED PARTY IS FOUND TO BE RESPONSIBLE TO YOU FOR ANY CLAIM, DAMAGE, EXPENSE OR LOSS, SUCH INDEMNIFIED PARTY SHALL BE LIABLE ONLY FOR ACTUAL CLAIMS, DAMAGES, EXPENSES OR LOSSES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR REMEDIES CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE. BEFORE SEEKING LEGAL RECOURSE FOR ANY CLAIM, COST, DAMAGE, EXPENSE OR CLAIM THAT YOU BELIEVE YOU HAVE SUFFERED AS A RESULT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES OR THE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL GIVE US AT LEAST THIRTY (30) DAYS’ WRITTEN NOTICE PRIOR TO INITIATING ANY LEGAL ACTION, WHICH NOTICE SHALL SPECIFY SUCH CLAIM, COST, DAMAGE, EXPENSE OR CLAIM.
Disclaimer of Warranties
THIS SITE, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR ACCESS TO THIS SITE AND YOUR USE OF THE SERVICES, THE CONTENT AND THE INTERNET, IS AT YOUR SOLE RISK. NEITHER WE, NOR ANY OF THE REMAINING INDEMNIFIED PARTIES, MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND REGARDING (i) THIS SITE, THE SERVICES, THE CONTENT OR THE INTERNET, INCLUDING WITH RESPECT TO THE ACCURACY, APPROPRIATENESS, AVAILABILITY, COMPLETENESS, FREEDOM FROM VIRUSES, PERFORMANCE, QUALITY, SECURITY OR TIMELINESS OF THIS SITE, THE SERVICES, THE CONTENT OR THE INTERNET.
Governing Law, Waiver of Jury Trial and Venue
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE DOMESTIC LAWS OF THE STATE OF WYOMING, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICTING PROVISION OR RULE (WHETHER OF THE STATE OF WYOMING OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF WYOMING BE APPLIED. THE PARTIES HERETO WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES UNDER THIS AGREEMENT OR ANY DOCUMENTS RELATED HERETO. THE PARTIES HERETO AGREE THAT ALL DISPUTES AMONG THEM ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY BY STATE OR FEDERAL COURTS LOCATED IN THE CITY OF CHEYENNE, WYOMING, AND ANY APPELLATE COURT FROM ANY THEREOF. YOU HEREBY WAIVE ANY OBJECTION THAT YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OR TO THE JURISDICTION OF ANY SUCH ACTION, SUIT OR PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR CAUSE OF ACTON BROUGHT BY YOU AGAINST US OR ANY OF OUR AFFILIATES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
General Terms
Except to the extent expressly provided in another written agreement between you and us, this Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, and it supersedes any prior agreements between you and us with respect to the subject matter hereof. If any term or provision under this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or provision of this Agreement shall be deemed to be a further or continuing waiver of such term or provision or of any other term or provision.
Call Alert Center LLC
1050 Glenbrook Way, Suite 480
Hendersonville, TN 37075
If you have any questions or comments regarding this Site, contact us at support@callalertcenter.com.
