Last Updated: September 16th, 2022
Please read the following terms of service (the “Terms of Service”) carefully. These Terms of Service govern your access to and use of the All Aware websites located at: https://allaware.com and https://app.allaware.com (the “Sites”), the All Aware mobile Application (the “Mobile Application”), any associated Content (as defined below) (the Sites, the Mobile Application, together with the Content, are collectively referred to as the “System”), and the access to and use of, as well as the purchase and sale of Products (as defined in Section 15) and services made available through the System (the “Service(s)”).
In these Terms of Service, “you” and “your” refer to (a) you, the individual accessing the System and/or using the Service, (b) the electronic agent accessing the System and/or using the Service on behalf of an individual or business entity, or (c) the business entity on whose behalf an individual or electronic agent is accessing the System and/or using the Service; and “All Aware” “we”, “us” and “our” refers to All Aware, LLC and any of its fictious business names or doing business as trade names – including but not limited to Camper Aware, Boat Aware, or Farm Aware, as well as its members, affiliates, subsidiaries, directors, officers, and employees.
BY ACCESSING, BROWSING, DOWNLOADING, USING, OR REGISTERING TO RECEIVE THE SYSTEM OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN FULL, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK, WHICH ARE INCORPORATED INTO THESE TERMS OF SERVICE BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE ANY PORTION OF THE SYSTEM OR THE SERVICE.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT PURCHASE OR USE ALL AWARE SERVICES.
SECTION 1 – CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, modify, or replace any part of these Terms of Service at any time, effective by posting the revised Terms of Service, along with the date it was most recently updated, on the System. We may give notice of the revised Terms of Service by any means, including without limitation, by posting a revised Terms of Service on the System, or providing other notice on the System (“Notice”). All Notices will be effective immediately. It is your responsibility to view these Terms of Service periodically for changes that may affect you. Your continued use of or access to the System or Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
SECTION 2 - USE BY MINORS; LAWFUL USE
If you are a minor in your state of residence, then you are not authorized to use the System or the Service, unless (a) you have secured authorization of your parent or legal guardian to use the System and the Service and your parent or legal guardian has agreed to these Terms of Service on your behalf, (b) your parent or legal guardian has not revoked such agreement, and (c) you agree to the provisions of these Terms of Service.
You are only entitled to access and use the System and the Service for lawful purposes. You may not use our System or Service for any illegal or unauthorized purpose nor may you, in the use of the System or the Service, violate any applicable local, state, national, or international laws or regulations (including but not limited to intellectual property laws).
SECTION 3 – OWNERSHIP OF THE SYSTEM AND SERVICE AND ACCESS LICENSE
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Service to you.
You understand and agree that All Aware owns, or (where required, appropriate, or applicable), has been licensed by third parties to use, all right, title, and interest in and to the System and the Service, and all information, text, data, computer code, music, artwork, databases, graphics, images, animations, video, sound recordings, audio and visual clips, logos, software, and other materials contained therein (collectively, the “Content”), as well as the compilation, collection, design, selection, structure, coordination, expression, “look and feel”, and arrangement of such Content. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites.
You acknowledge that the System and the Service are proprietary to All Aware and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the System or the Service by accessing and using either.
Subject to payment of all fees for the Service and full compliance with these Terms of Service, All Aware grants you a personal, non-exclusive, non-transferable, revocable, and limited license to use the System and the Service solely for your personal, internal, and non-commercial use. This license may not be sublicensed or assigned to anyone.
All Aware™ is a registered service mark of All Aware. Unauthorized use of any All Aware trademark or logo may be a violation of federal and state trademark laws.
SECTION 4 - USE OF THE SYSTEM AND SERVICE
We reserve the right to do any of the following for any reason at any time: (a) modify, suspend, or terminate operation of or access to the System, the Service, or any portion thereof, for any reason; (b) modify or change the System, the Service, or any portion thereof, and any applicable policies or terms; and (c) interrupt the operation of the System, the Service, or any portion thereof, as necessary to perform routine maintenance, perform error correction, or make other changes.
You represent and agree that all information that you provide to All Aware in connection with your access to and use of the System and the Service is and shall be true, accurate, complete, to the best of your knowledge, ability, and belief. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell, exploit, transfer, create derivative works from, decompile reverse engineer, or disassemble any portion of the System or the Service, without express written permission by us, nor will you take any measures to interfere with the operation of or use of the System or the Service.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the System or Service:
- for any unlawful, unauthorized, fraudulent, or malicious purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to interfere with any other party’s use or enjoyment of the System or Service;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to damage, disable, overburden, or impair any server, or the network(s) connected to any server;
- to gain unauthorized access to the System, the Service, or any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means;
- to access systems, data, or information not intended by All Aware to be made accessible to a user;
- to upload or transmit viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the System or Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene, harmful, threatening, abusive, defamatory, vulgar, libelous, immoral purpose, or that may invade another’s right of privacy or publicity;
- to interfere with or circumvent the security features of the System or Service or any related website, other websites, or the Internet, nor modify or duplicate any code base on the aforementioned;
- without All Aware’s prior consent, to: (a) advertise or solicit any person or entity to buy or sell any products or services through the System, or (b) use any Content obtained from the System in order to contact, advertise to, solicit, or sell to any person;
- to create a false identity or falsely stating or otherwise misrepresent your affiliation with a person or entity;
- to upload or transmit any material that you do not have the right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- to upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- to delete or revise any material posted by any other person or entity;
- to probe, scan, or test the vulnerability of or breach the authentication measures of, the System or any related networks or systems without the express prior written consent of All Aware;
- to register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- harvest or otherwise collect information about others, including e-mail addresses; or
- remove, obscure, or alter any propriety rights notices (including copyright or trademark notices) that may be contained in, or displayed in connection with the System or Service.
We reserve the right to terminate your use of the System and the Service or any related website for violating any of the prohibited uses.
SECTION 5 – AGREED LIMITATIONS AND USAGE OF ALL AWARE SYSTEM AND SERVICE
- Intended Use of All Aware System and Service; Informational Purposes Only. You acknowledge and agree that the System and Service, including remote monitoring and mobile notifications, are intended to be accessed and used for non-time-critical information and monitoring of All Aware products.
YOU AGREE THAT YOU WILL NOT RELY ON THE SYSTEM OR SERVICE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS OF YOUR ALL AWARE PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.
- No Life Safety or Critical Uses of the System or Service. You acknowledge and agree that the System and Service are not certified for emergency response or enabled for central station monitoring through a professional central station monitoring facility. All Aware makes no warranty or representation that use of the Service or System will affect or increase any level of safety.
YOU UNDERSTAND THAT THE SYSTEM AND SERVICE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. FURTHER, YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL ALL AWARE DISPATCH EMERGENCY SERVICES TO YOUR HOME OR LOCATION IN THE EVENT OF AN EMERGENCY.
- Installation, Testing, and Use. It is your responsibility to install and use the Service pursuant to the applicable manual and instructions. It is your responsibility to test the Service once installed to ensure the Service is functioning and communicating as intended and designed, and then regularly test and maintain the Service after installation, including the replacement of batteries for the Service, if applicable. If your Service includes video or still-photo image cameras, the video clips and still-photo images generated from such cameras are stored on our servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered from All Aware. We have no control over and take no responsibility for the placement of cameras and their view. You agree to use the cameras and associated video and still-photo imaging features of the Service in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may disconnect the cameras from the Service if you, in our sole determination, breach this covenant. We do not guarantee the receipt, clarity or quality of any images that may be adversely impacted by, for example, lighting, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. We may disclose stored video clips and still-photo images in response to a subpoena or a government request or order.
- Integration with Other Products/Services/Applications. We do not guarantee any integration of products, services, or applications of our Service, including from our parent company, its dealers, affiliates, installers, or their respective employees. If you have existing products, services, or applications provided by the aforementioned, you agree to ask us directly if our Service will integrate as intended before you purchase. We are not liable for purchases made prior to contacting us regarding this matter.
SECTION 6 – ACCOUNTS, PASSWORDS, AND SECURITY
In order to utilize certain aspects of the Service or the System, you may need to set up an account (including establishing a login and password). You shall update your password at regular intervals. Your account may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, applicable law, or that is offensive, obscene, or otherwise objectionable (in All Aware’s sole discretion).
You are entirely responsible for maintaining the confidentiality of your account information, including your login and password, and you are responsible for any and all activity that occurs under your account or login, including uses of your login, password, and PINS, the two-factor authentication process, and any and all related charges or changes, whether or not authorized by you.
You agree to notify All Aware immediately upon learning of any unauthorized access or use of your account, login, password, or any other unauthorized access or breach of security. Upon any such unauthorized access, unauthorized use, or breach of security, you agree to take immediate action to secure your account or login by changing your password.
However, you may be held liable for losses incurred by All Aware or any other person or entity due to another person using your account, login, or password.
SECTION 7 – NOTIFICATIONS
As part of your use of the System or the Service, you may receive electronic messages on wireless devices via push notifications, short message service (text messages), e-mail, or other notification methods notifying you from time to time, and that you may select to receive as applicable to the System or Service (collectively, “Notifications”). Notifications may be available through the Mobile Application, on a mobile device, or through your account, when within operating range of your wireless service provider having an active connection to the Internet. You may be required to receive certain Notifications as a part of the Service. As part of your use of the System or the Service, you may also identify others who will be designated to receive Notifications (“Notification Recipients”). You understand that wireless service provider’s message and data rates may apply to certain Notifications on mobile devices. You may change your Notifications preferences by accessing the settings in your account. You also understand that your Notification Recipients’ wireless service provider’s message and data rates may apply to certain Notifications on their mobile devices. Before selecting another individual as a Notification Recipient, you agree to notify them of such message and data rates and to immediately remove Notification Recipients from your account upon their request. You represent and warrant that any phone number or email address that you provide for yourself or for a Notification Recipient is true and accurate. You further represent and warrant that, when you provide us with a phone number or an email address for yourself or for anyone else, you and any individuals you have included as contacts consent to receive text messages, phone calls, and e-mails about the System or the Service. You agree to immediately notify us if a phone number or e-mail address provided for yourself or a Notification Recipient changes.
SECTION 8 - USER COMMENTS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS
Any information, communications, submissions (for example, contest entries, product reviews, customer reviews or ratings), photos, videos, image clips, creative ideas, suggestions, proposals, plans, or other materials that you submit to or post on the System, whether online, by email, by postal mail, by social media direct messages, social media platforms, online review platforms (such as Google Reviews), or otherwise (collectively, 'Submissions'), are done at your own risk and without expectation of privacy. All Aware does not own any Submissions provided via the System. You are fully responsible for any Submissions, which must comply with these Terms of Service. You hereby agree that by inputting/submitting such Submissions, you grant All Aware a nonexclusive, unrestricted, irrevocable, worldwide, transferable, perpetual, unlimited, assignable, fully paid up and royalty free right to display, restrict, edit, copy, publish, distribute, translate, process, analyze, prepare derivative works from, and otherwise use and commercialize in any medium such Submissions (or any content or materials contained therein). We are and shall be under no obligation to: (a) maintain any Submissions in confidence; (b) pay compensation for any Submissions; or (c) respond to any Submissions. You agree to allow us to use a shortened or modified version of your name and general location (for example, your state or province) when using, in any way, these Submissions. For example, placing your product review and rating and assigning you, its author, as your first name and last name initial in your state (e.g., John D. in California).
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
SECTION 9 – SALE OF SERVICE
- Order Acceptance and All Aware’s Cancellation. Each order that you place with us constitutes an offer to purchase. You agree that your order is a binding offer to buy, under these Terms of Service, any Service listed in your order. We reserve the right to refuse any order you place with us, whether or not the order has been confirmed. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. You may not purchase any Service through the System for resale. By ordering any Service through the System, you agree that you will not resell the Service. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to delay the fulfillment of any order placed until all required information is provided by you to us.
- Payment. You agree to pay all charges and fees for the Service, including the cost of a monthly or annual subscription for the Service, all applicable taxes, and shipping and handling fees, duties, and customs when you place an order for the Service on the System. You agree to pre-pay your Service every month. If your saved payment method is declined, we reserve the right to suspend your Service within twenty-five (25) days of your failure to make a payment, and we reserve the right to cancel your Service within ten (10) days thereafter if your saved payment method continues to be declined. By providing a credit card or other payment accepted by All Aware, you represent and warrant that: (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use the designated payment method, (iii) charges incurred by you will be honored by your payment method, and (iv) you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order, including shipping and handling fees, duties, and customs, and all applicable taxes. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be cancelled. In the event you want to change or update payment information associated with your All Aware account, you can do so by logging into your All Aware account and editing your payment information. You agree to promptly update your account and other information, including your credit or debit card numbers, security codes, and expiration dates, so that we can complete your transactions and recurring transactions or subscriptions. All credit or debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of the credit or debit card rejects authorization of payment to us, we will not be held liable for any delay or non-delivery. You allow us to continue billing this payment method (also known as primary payment method) until you cancel your subscription. You agree to our continued use of this primary payment method even if you purchase additional products from us.
- Availability and Pricing. Certain Services may be available exclusively online through the website. These Services may have limited quantities, and we may also limit quantities of Services to certain categories for each user. All Services on the System are subject to availability and all prices, discounts and promotions for the Service are subject to change without notice. The price charged for the Service will be the price in effect at the time the order is placed and will be indicated in your order confirmation e-mail.
- Service Disclaimer. Service images, depictions, graphics, diagrams, and descriptions are subject to change without notice. Some items may appear larger or smaller than their actual sizes, and are not shown the scale. All Aware does not warrant that the Service descriptions, colors, or images are accurate, reliable, current, or error-free.
- Limiting Sales. We reserve the right, but are not obligated, to limit the sales of our Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Service that we offer. We reserve the right to discontinue any Service at any time.
SECTION 10 – SUBSCRIPTION TERMS AND BILLING
- Subscription Terms. When you purchase a subscription to the Service, you expressly acknowledge and agree that: (a) All Aware is authorized to charge you a monthly or annual subscription service fee, in addition to any applicable taxes, for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or such Service is suspended, discontinued, or terminated in accordance with these Terms of Service. Regardless of the number of products and subscriptions to the Service you purchase, the set billing date on your subscription remains the same, unless otherwise stated. For monthly subscriptions to the Service, if the purchase date of a particular Service is on or before the nineteenth (19th) of the month, you agree to purchase your first full month of such Service at checkout, which is the calendar month that follows the purchase date. For monthly subscriptions to the Service, if the purchase date of a particular Service is on or after the twentieth (20th) of the month, you agree to purchase your first full month of the Service within a maximum forty (40) day grace period following the purchase date for that Service. During this grace period, we do not charge you for your new or additional subscription to the Service from that checkout event.
- Billing. You agree to be billed automatically for your subscription to the Service and on the payment method used during your first successful purchase. For monthly subscriptions to the Service, you agree to be billed on the renewal date every month. This set date for subscriptions to the Service is currently the first (1st) day of every month. We reserve the right to change this date at any time for any reason. If any payment is not received, is returned unpaid, or if any designated payment method is rejected or denied, All Aware reserves the right to cancel your subscription to the Service, unless you provide All Aware with a new payment method.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR ALL AWARE SUBSCRIPTION SERVICES WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ALL AWARE OR ITS AFFILIATES (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEES AND ANY TAXES FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT METHOD WE OR OUR AFFILIATES HAVE ON RECORD FOR YOU.
SECTION 11 – RETURNS AND EXCHANGES
All Services are subject to return or exchange only according to our Refund Policy located at https://allaware.com/policies/refund-policy, which is incorporated herein by reference.
SECTION 12 – SHIPPING
All Services are subject to shipping only according to our Shipping Policy, located at https://allaware.com/policies/shipping-policy, which is incorporated herein by reference.
SECTION 13 – CANCELLATION AND RE-ACTIVATION OF SERVICE
You may cancel your subscription to the Service at any time. We do not offer any pro-ration of pre-paid fees for the Service upon cancellation.
Upon successful cancellation of your subscription to the Service, you agree that we can remove your Service and subscription. Upon successful cancellation, you acknowledge and agree that any and all notifications, device history, activity logs, preferences, and alerts may be removed completely from your Service.
We allow re-activation of any subscription to the Service, provided that you do not have any outstanding payments with us and you pay our re-activation fee. By re-activating any device subscription you agree to be charged for upcoming month of service on the first (1st) of that month, regardless if you deactivate (or cancel) your subscription before the first (1st) of that month.
If your subscription to the Service is cancelled due to lack of payment, you must pay both the outstanding amount and our re-activation fee in order for us to re-activate your subscription to the Service. You may pay your outstanding amount for the Service by changing or updating your payment information associated with your All Aware account. You can do so by logging into your All Aware account and editing your payment information.
SECTION 14 - LOCATION
The Service has been designed, marketed, and sold for use by residents of the United States and Canada. All Aware makes no representation that the Service is appropriate or available for use in other locations, and access to the Service from territories where the content of the Service may be illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
SECTION 15 - PRODUCT WARRANTY
ALL AWARE WARRANTS SOLELY TO YOU THAT PRODUCTS PROVIDED THROUGH THE SERVICES OR THE SYSTEM (I) MANUFACTURED BY OR ON BEHALF OF ALL AWARE AND (II) SOLD TO YOU BY ALL AWARE PURSUANT TO THIS TERMS OF SERVICE (“PRODUCT(S)”) WILL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR TWELVE (12) MONTHS FROM THE DATE ON WHICH THEY ARE PURCHASED BY YOU (THE “PRODUCT WARRANTY”). YOUR SOLE REMEDY AND ALL AWARE’S SOLE LIABILITY UNDER THIS SECTION SHALL BE LIMITED TO REPLACING OR REPAIRING, AT ALL AWARE’S OPTION, ANY PART WHICH PROVES DEFECTIVE IN MATERIALS OR WORKMANSHIP UNDER NORMAL USE AND SERVICE. OTHER THAN PRODUCTS MANUFACTURED BY OR ON BEHALF OF ALL AWARE, ALL AWARE SHALL HAVE NO RESPONSIBILITY FOR A PRODUCT WHICH IS MANUFACTURED OR PROVIDED BY THIRD-PARTY MANUFACTURERS.
SECTION 16 - DISCLAIMER OF WARRANTIES
EXCEPT FOR THE PRODUCT WARRANTY AS SET FORTH IN SECTION 15, YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SYSTEM AND THE SERVICE IS AT YOUR OWN RISK. THE SOLE WARRANTY PROVIDED BY ALL AWARE WITH RESPECT TO THE SYSTEM AND THE SERVICE IS A LIMITED WARRANTY TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT OR BYPASS A MATERIAL DEFECT IN THE SYSTEM OR SERVICE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF SERVICE (“LIMITED WARRANTY”). THE LIMITED WARRANTY IS NOT EXTENDED TO YOU UNLESS YOU HAVE ACCEPTED THESE TERMS OF SERVICE AND REMAIN BOUND BY THESE TERMS OF SERVICE. THE LIMITED WARRANTY IS FOR YOUR BENEFIT ONLY AND MAY NOT BE ENFORCED BY ANY OTHER PERSON OR ENTITY. EXCEPT FOR THE PRODUCT WARRANTY WITH RESPECT TO PRODUCTS AND THE LIMITED WARRANTY WITH RESPECT TO THE SYSTEM AND SERVICE, ALL SERVICES, DEVICES AND MATERIALS THAT ARE OR MAY BE PROVIDED BY US ARE PROVIDED “AS IS,” WITH ALL FAULTS UNLESS OTHERWISE PROVIDED IN RELATED DOCUMENTATION PROVIDED WITH A DEVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL AWARE DISCLAIMS (a) ALL EXPRESS WARRANTIES TO YOU, OTHER THAN THE PRODUCT WARRANTY AND LIMITED WARRANTY, (b) ALL IMPLIED WARRANTIES TO YOU OF ANY KIND, AND (c) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES DISCLAIMED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDE ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EXCEPT FOR THE PRODUCT WARRANTY AND LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF THE SYSTEM, SERVICE, OTHER SERVICES, ALL DEVICES AND OTHER ALL AWARE MATERIALS SHALL BE WITH YOU. NEITHER ALL AWARE NOR ANY OF ITS AFFILIATES SHALL HAVE ANY RESPONSIBILITY FOR DEVICES OR PRODUCTS WHICH ARE MANUFACTURED BY THIRD PARTIES.
YOU AGREE THAT ALL AWARE IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN OR AROUND YOUR PREMISES. THE PRICES THAT WE CHARGE FOR THE SERVICES AND EQUIPMENT REFLECT THE VALUE OF THE GOODS AND SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMISES OR ITS CONTENTS OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON YOUR PROPERTY AND PREMISES SHALL BE OBTAINED BY YOU FROM A THIRD PARTY.
EXCEPT FOR THE PRODUCT WARRANTY AND LIMITED WARRANTY, ALL AWARE, ITS AFFILIATES AND/OR OUR THIRD PARTY SUPPLIERS, MANUFACTURERS AND LICENSORS DO NOT REPRESENT, WARRANT, OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY WILL OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SYSTEM OR THE SERVICES. EXCEPT FOR THE PRODUCT WARRANTY AND LIMITED WARRANTY, WE MAKE NO WARRANTY THAT THE SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. WE CANNOT GUARANTEE CELLULAR CONNECTIVITY STRENGTH SHOWN IN OUR SERVICES TO BE ACCURATE. IF YOU ARE DISSATISFIED WITH THE SYSTEM OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SYSTEM OR THE SERVICES.
ALL AWARE PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, ALL AWARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. ALL AWARE SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ALL AWARE AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
SECTION 17 - LIMITATION OF LIABILITY
IN NO EVENT SHALL ALL AWARE OR ITS SUBSIDIARIES, PARENT COMPANIES, SISTER COMPANIES, AFFILIATES, PARTNERS, CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM AND/OR SERVICES; (B) THE SECURITY OF THE SYSTEM AND/OR THE SERVICES; (C) THE USE, COPYING, OR DISPLAY OF THE SYSTEM AND/OR THE SERVICES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OR THE SERVICES OVER THE INTERNET; (D) ALL AWARE’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF SERVICE AND THE SERVICES; (E) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM OR THE SERVICES, OR OTHER THIRD PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SERVICES. UNDER NO CIRCUMSTANCES SHALL ALL AWARE OR ITS SUBSIDIARIES, PARENT COMPANIES, SISTER COMPANIES, AFFILIATES, PARTNERS, CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SYSTEM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF ALL AWARE, EVEN IF ALL AWARE WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF ALL AWARE OR ITS SUBSIDIARIES, PARENT COMPANIES, SISTER COMPANIES, AFFILIATES, PARTNERS, CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, NEITHER ALL AWARE NOR ITS SUBSIDIARIES, PARENT COMPANIES, OR AFFILIATES ARE ASSUMING ANY RESPONSIBILITY FOR ANY LOSSES (DIRECT OR INDIRECT), IRRESPECTIVE OF CAUSE, THAT MAY OCCUR EVEN IF DUE TO ALL AWARE’S OR ONE OF ITS SUBSIDIARIES’, PARENT COMPANIES’, OR AFFILIATES’ NEGLIGENCE PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATIONS UNDER THERE TERMS OF SERVICE OR OTHER BASIS. IF, NOTWITHSTANDING THESE TERMS OF SERVICE, ALL AWARE OR ONE OF ITS SUBSIDIARIES, PARENTS COMPANIES, OR AFFILIATES, IS HELD TO BE LIABLE TO YOU, OR ANY INVITEES, AGENTS, OR EMPLOYEES OR OTHERS, FOR BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LEGAL LIABILITY FOR ANY FAILURE OF THE SERVICE, SYSTEM, MATERIALS, DEVICES OR PRODUCTS, THEN THE LIMITATION OF ALL AWARE’S AND ITS SUBSIDIARIES’, PARENT COMPANIES’, OR AFFILIATES’ LIABILITY FOR ANY AND ALL HARM, DAMAGES, INJURY OR LOSS SHALL BE THE GREATER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE ANNUAL AMOUNT THAT ALL AWARE RECEIVES FOR YOUR USE OF THE SERVICE.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE THESE TERMS OF SERVICE, THE SYSTEM, OR THE SERVICES SHALL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, TO THE EXTENT PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY, AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING ANY CLASS ACTION LAWSUIT AGAINST ALL AWARE OR ITS AFFILIATES OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY SUCH LAWSUIT.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless All Aware, its subsidiaries, parent companies, sister companies, affiliates, partners, contractors, suppliers, content providers, or the officers, directors, employees, representatives, and agents of each of the foregoing, harmless from and against any loss, damage, liability, claim, demand, cost, and expense (including reasonable attorneys’ fees), made by any third-party due to or arising out of: (i) your breach of these Terms of Service or the documents they incorporate by reference; (ii) your violation of any applicable law or the rights of a third-party; (iii) content, data, or information that you submit, post to, or transmit through the System or Services, (iv) your access to and use of the System and/or Services; or (iv) incidents, injuries, harm, or damage from any or all installations, mountings, uses, or mis-uses of the Services or the System.
SECTION 19 - THIRD-PARTY LINKS AND MATERIALS
For your convenience, certain hyperlinks may be provided on the System and Services that link to other websites or social media platforms which are not under the control of All Aware (the “Linked Websites”). All Aware does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. All Aware disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against All Aware arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the System and Services do not imply that: (a) All Aware is affiliated or associated with any Linked Website; (b) All Aware is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Website is authorized to use any trademark, trade name, logo, or copyright symbol of All Aware.
To the extent that any information, material, or functionality on the System and the Service is provided by third party content providers (“Third Party Materials”), All Aware has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. All Aware does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with All Aware.
SECTION 20 – GENERAL
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the System or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Except as expressly provided for herein, these Terms of Service do not confer any rights, remedies, or benefits upon any person or entity other than you and All Aware.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
All Aware may assign its rights and duties under these Terms of Service at any time to any third party without notice. You may not assign these Terms of Service without the prior written consent of All Aware. These Terms of Service shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.
To the extent any portion of these Terms of Service shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Service as so modified will remain in full force and effect.
SECTION 21 - GOVERNING LAW AND VENUE
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Commonwealth of Virginia, U.S.A., excluding its conflicts of law rules. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Fairfax County Virginia, or the United States District Court for the Eastern District of Virginia, Alexandria, in any legal proceeding arising out of or related to these Terms of Service. If you are a resident or business located in the State of California, the following applies to you: If either you or All Aware commences a lawsuit for a dispute arising under or related to Terms of Service or in any way relating to the Service, such suit shall be submitted to general judicial reference in Los Angeles, California pursuant to California Code of Civil Procedure section 638 et seq. and 641 through 645.1 or any successor statutes thereto.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com
Our contact information is posted below:
All Aware LLC
8281 Greensboro Drive, Suite 101, Tysons, Virginia 22102 USA