Terms of Service for AlarmBiller – Version 1.01
The provisions of this User Agreement (the "Terms") apply in lieu of any course of dealing between us or usage of trade in the industry. The Terms may in some instances conflict with some of the terms and conditions affixed to any purchase order or other procurement document issued by you. In such case, the Terms shall govern, and acceptance of your order is conditioned upon your acceptance of the Terms, irrespective of whether you accept the Terms by written acknowledgement, by implication, or acceptance and payment. Our failure to object to provisions contained in any communication from you shall not be deemed to be a waiver of the Terms in any respect; and any such provisions are hereby objected to.
Any change in the Terms must be specifically agreed to in a separate written sales agreement which has been signed by both you and us before becoming binding on us. You will be deemed to have assented to the Terms if any part of the products and/or services are shipped or provided, or an invoice (whether written or electronic) is presented in connection with the said products and/or services.
This agreement is in effect as of Jul 29, 2013.
We reserve the right to amend or modify this User Agreement and/or the Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of, and agreement to, the modified Terms.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as "Resources"), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You represent and warrant to us that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
• is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
• infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any third party;
• contains any type of unauthorized or unsolicited advertising; or
• impersonates any person or entity, including any AlarmBiller employees or representatives.
We reserve the right in our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and waive any claim against us.
i. You agree to indemnify and hold harmless Perennial Software, Inc. and its parent company and affiliates, and their respective directors, officers, managers, employees, donors, agents, resellers, distributors and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us without cost such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you, and we entirely disclaim any representation or warranty to you, that:
• the use of our Resources will meet your needs or requirements;
• the use of our Resources will be uninterrupted, timely, secure or free from errors;
• the information obtained by using our Resources will be accurate or reliable; and
• any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
• any content downloaded or otherwise obtained through the use of our Resources is obtained at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and
• no information or advice, whether expressed, implied, oral or written, obtained by you from Perennial Software, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Disclaimer of Warranties and Limitation of Liability
PERENNIAL SOFTWARE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
IN NO EVENT SHALL PERENNIAL SOFTWARE, INC. BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIR OR RE-WORK, OR ANY INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE PRODUCTS SOLD AND/OR THE SERVICES OR RESOURCES PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS OR DOWNTIME, WHETHER ALLEGED TO ARISE FROM BREACH OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR IN TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY.
All content and materials available on AlarmBiller, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Perennial Software, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Perennial Software, Inc.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating our relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Perennial Software, Inc. from our offices located in the State of OHIO, USA, and can be accessed by most countries around the world. As each country has laws that may differ from those of the State of Ohio, by accessing our website, you agree that the laws of the State of Ohio, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this website.
Furthermore, any action to enforce this User Agreement shall be brought exclusively in the federal or state courts located in the State of Ohio, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Limitation of Actions
No action by you arising out of this User Agreement, or the sale of the items sold hereunder or the services rendered pursuant hereto, or the Resources may be brought against us more than six (6) months after the earlier of the invoice date or the date the cause of action accrues.
If you have any questions or comments about this User Agreement, you can contact us at:
Perennial Software, Inc.
8401 Chagrin Rd
Chagrin Falls, OH 44023