Welcome to Alert Protection Services Inc., and/or its affiliates (“APS”) we appreciate your trust.
The following Agreement sets forth the terms and conditions of use.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING THE LEGALLY BINDING RELATIONSHIP YOU ARE ENTERING INTO WITH APS AND DESCRIBES YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THIS AGREEMENT MAY BE MODIFIED OR AMENDED FROM TIME TO TIME, AND IS A BINDING CONTRACT BETWEEN YOU (“YOU”) AND APS.
“You”, is understood to be that person identified in your user account. You agree that all information entered by You is accurate, truthful, and correct and that APS may rely on that information provided in all respects and assumes no liability for errors or omissions. You agree to keep your information current at all times. It is Your responsibility to maintain the security of your account, a password will be chosen by You which is unique to You and You agree not to share Your username or password or allow anyone else to access Your account. If you suspect that the security of Your account has been compromised, or someone else has gained access to your username, password or account, You agree to inform APS immediately. Unless and until APS has been notified by You that the security of Your account has been compromised, You agree that all activity conducted by Your account is performed by You or with Your consent and You are responsible for any obligations undertaken through Your account.
The entity you are contracting with is Alert Protection Services Inc., located at 750 Sterbenz Dr., Hudson, WI, 54016.
Your Privacy is important. Please read our Privacy Policy which is a part of and fully incorporated by reference into the terms of this Agreement.
APS is a mass communication and notification system designed to provide users the knowledge, information and ability to respond and act to emergency and non-emergency situations (hereafter “The Services”). APS makes available computer software applications (“Apps”) which can be used to assist users to respond to emergency and non-emergency situations, communicate with others and provide assistance. APS does not have any control over and does not make any representations or guarantees regarding the success, safety, legality, accuracy or implementation of the content or Apps used by users in an emergency situations.
You may be allowed to post photos, reviews, comments, descriptions, questions, ratings, purchases, links, audio, music, images, pictures, graphics, logos, designs and other works and intellectual property (collectively “Content”) to various locations on the APS provided software system(s). You warrant and agree that You are solely responsible for such Content and have all rights necessary to post such Content and grant APS rights in Your Content as described in this Agreement.
While using or accessing The Services in any manner, You will not:
Post Content that is false, misleading or untrue;
Post Content that violates this Agreement or causes harm in any way to any third party;
Post Content that contains personally identifiable information of any third party;
Download any material that contains software viruses or any other computer code, robot, spider, scraper or other automated means designed to access, interrupt, destroy, mine, communicate with or limit the functionality of any computer or telecommunications equipment or software;
Post mature content that is not appropriate for the general public;
Post Content that is threatening, hateful, racially or ethnically offensive, depicts nudity, pornography or violence or anything else that may be considered offensive;
Breach or circumvent any laws, third party rights or Our systems, policies or determinations of your account status;
Use the Service if you are not able to form legally binding contracts (You represent that you are older than age 18), or are temporarily or indefinitely suspended from use Our site, services, applications or tools;
Fail to meet your financial obligations;
Post false, inaccurate, misleading, defamatory, or libelous content;
Transfer your APS account to any other party without APS’s consent;
Distribute or post Content containing spam, unsolicited or bulk electronic communications, or other solicitations which are not authorized by APS;
Copy, modify, or distribute Content from Our Service or APS’s copyrights and trademarks;
Harvest or otherwise collect any personally identifiable information about users, including email addresses, without their consent;
Use any Content, Services, trademarks, copyrights, patents or infringe in any way of APS without express written permission of APS and any other appropriate third party, as applicable;
Violation of any of the above may result in immediate disciplinary action against You, including termination of your account or right to use the Apps. Further, You agree that You will indemnify APS, Affiliates, Partners, Employees, Officers, Directors, Agents or anyone acting on its behalf, for all claims resulting from Your Content.
Alert Protection Services uses geo locations within the APS application in order to determine whether or not the user is within an area protected by APS App. Many organizations using APS App have coverage in multiple locations, and the users travel from one location to another. In order to ensure the user is protected in all locations, it is critical to know if they are in a protected area, regardless of whether or not they are using the application or if there is a current threat. Also, if a user travels outside a protected area, one of the features may prohibit the user from sending or receiving alerts. This feature allows the user to have APS App in the background on their mobile device while off location and therefore they will not receive alerts when not in a protected area. This feature was developed to avoid nuisance alerts being delivered to an unaffected party while outside the protected area. APS App also uses GPS through the geo-fencing to notify a person coming into a protected area from outside. If there is an active threat at a location, it is critical that users know in order to reduce the chances of entering an area where there is an active threat in progress. The purpose of using GPS within APS App is NOT to track the user, but by using the geofencing surrounding the protected area, it allows APS App to notify the user they are in a protected area, and will warn them if they are about to enter a protected area where a threat is in progress.
The ownership of Your copyrights trademarks and any other intellectual property in any Content You post to the APS App continue to be Your proprietary interest, subject to the nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right granted by You to APS to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media to the exclusive commercial benefit of APS and without acknowledgment or compensation to You. You grant APS and its sublicensees the right to use the name that You submit in connection with the Content, if they so choose. You represent and warrant that you control the right or otherwise own all of the rights, title and interest to the Content You post; that the Content is accurate; that the Content does not violate this agreement; that the Content does not cause injury or damage to any other party; and that You will indemnify and defend APS from any and all claims which may arise resulting from the Content that You supply. APS reserves the right, but has no obligation, to monitor, edit or remove any activity or Content posted by You. APS takes no responsibility and assumes no liability for any content posted by You or any other third party.
All materials, content, text, graphics, icons, images, software and trademarks of APS are the property of APS or its partners or affiliates, subsidiaries, parent companies or other entities with which it may merge, or otherwise acquire or sold, in whole or in part and are protected by all relevant intellectual property laws and other proprietary rights (including but not limited to copyright, trademark, trade dress, and patent laws) and any other applicable laws. APS grants You a limited and revocable license to use the APS App for its intended purpose as defined by APS from time to time and subject to the terms of this Agreement or any other policy or procedure of APS.
APS is not responsible for the quality, timely delivery, warranties, or any other disputes, claims or problems which may arise with respect to the Services or App. You should exercise the same diligence in entering into a transaction with APS as any other business transaction. APS assumes no liability for any damages of any kind which may result from a APS transaction and/or the use of items or Content on the Site. Please see Disclaimer of Warranties and Limits of Liability in this Agreement for further details.
APS does not make any representations or guarantees with respect to the success, safety or ultimate outcome a user may experience before, during or after an emergency situation as a result of receiving any Services or use of any App provided by APS.
The Fees APS charges for using our Services and Apps are listed on Our Fee Schedule and Invoicing page. We may change Our fees from time to time, but with no advance notice required for temporary promotions.
We require a payment method on file when using Our App and that You will pay all fees and applicable taxes associated with our Services when due. If your payment method fails or your account is past due, we may collect fees owed to Us using any appropriate and lawful collection mechanism, including but not limited to, charging other payment methods or sources on file with Us, retaining collection agencies and legal counsel. In addition, You will be subject to late fees. We may suspend or terminate Your access to Services or Apps at our sole discretion. Information about Your account may also be reported to credit bureaus, and as a result late payments, missed payments, defaults on Your account may affect Your credit report.
APS may communicate with You regarding the Services or Apps by electronic communication, including sending electronic mail to the email address You provided during registration of Your account; by posting notices or communications on Our Site or within our App and communicating with you via authorized third parties (i.e., Facebook, Twitter, Instagram, etc.) You agree that we may communicate with you by means of electronic communications regarding this Agreement, notice or disclosures regarding the Site, payment authorizations, and any other matter related to Your use of APS Site.
You also agree that we may communicate with You through traditional methods such as telephone and United States Postal Services at the address and telephone numbers You have provided. You understand that by providing a telephone number, you consent to us contacting you at that number through direct calling or text services if applicable and that You are solely responsible for any charges that you may incur as a result of Our communication with You at the number You provided.
There are features of the APS App that may be accessible via mobile carriers and smart phones, (“Mobile Services”). Your own mobile carrier may charge for normal messaging, data and other rates and fees will apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to Your mobile device, and that certain information about your usage of the Mobile Service may be communicated to us. In the event You change or deactivate Your mobile telephone number, You agree to promptly update your User Account information on the APS App to ensure that Your messages are not sent to the person that acquires your old number. In the event the person that acquires your old number brings a claim for us, You agree to defend and indemnify APS for any damages or claims sought by such person.
APS SERVICES FEATURES PRODUCTS, GOODS, SERVICES, ITEMS, CONTENT AND MATERIALS WHICH ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, APS EXCLUDES ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, TO THE EXTENT PERMITTED BY LAW, APS, ITS AFFILIATES, PARTNERS OR SUBSIDIES AND ANY EMPLOYEE, DIRECTOR, OFFICER OR AGENT ACTING ON ITS BEHALF, ARE NOT LIABLE, AND YOU AGREE TO NOT HOLD APS RESPONSIBLE FOR ANY DAMAGE OR LOSSES INCLUDING BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, OR REPUTATION, PROFITS, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE EXTENT ALLOWED BY LAW AND REGARDLESS OF ANY OTHER TERM IN THIS AGREEMENT, APS LIABILITY WILL NOT EXCEED THE GREATER OF FEES ACTUALLY PAID BY YOU TO APS DURING THE TIME PERIOD OF EIGHT (8) WEEKS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM OR THE SUM OF $100.00.
APS DOES NOT WARRANT THE SERVICES, PRODUCTS, CONTENT OR OTHER ITEMS MADE AVAILABLE TO YOU THROUGH THE APS APP OR MARKETPLACE, THAT SERVERS OR ELECTRONIC COMMUNICATIONS SENT TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOU ARE USING THE APS APP AND MARKETPLACE AT YOUR OWN SOLE RISK.
THE APS APP AND MARKETPLACE MAY CONTAIN INACCURACIES, MISTAKES, TYPOGRAPHICAL ERRORS OR OTHER WRONG INFORMATION. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO VERIFY ALL INFORMATION CONTAINED ON THE APP, SITE AND MARKETPLACE AND ACT ACCORDING TO YOUR OWN INFORMATION AND JUDGMENT.
Any dispute which may arise between You and APS, including, without limitation, claims for enforcement, breach or violation of duties or rights under these terms shall be governed by and determined under the Law of the State of Minnesota, without regard to conflict of laws principles.
and all hearings shall be conducted in Ramsey County, Minnesota.
We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. Any relief awarded may only be awarded in favor of the individual party seeking relief and only to the extent necessary to provide relief to that party’s individual rights under this Agreement. Any relief awarded cannot affect other APS users.
You may elect to Opt-Out of this Agreement to Arbitrate by mailing us a written Opt-Out Notice if such notice is post-marked no later than 30 days after the date You accept this Agreement for the first time.
You must mail the Opt-Out Notification to APS ATTN: Legal Dept. Re: Opt-Out Notice, 750 Sterbenz Drive, Hudson, WI 54016.
You will indemnify and hold APS, its Affiliates, Partners, Employees, Officers, Directors, Agents or anyone acting on its behalf, harmless from any claims or demand, including reasonable legal fees, made by any third party due to or arising from Your breach of this Agreement, Your improper use of APS’s Site, Services or App or Your breach of any law or the rights of any third parties.
You agree that APS may at any time without notice or cause refuse service, terminate any rights granted herein, terminate Your account and/or cancel orders or portion of orders in its sole discretion, including without limitation, if APS determines that any user conduct violates applicable law or is harmful to the interests of APS. In such instances of conduct by you that violates applicable law, a breach of this Agreement or any policy of APS or if your conduct is harmful to the interests of APS.
In the event that you have a credit balance in your account and your account is terminated as a result of conduct by you that violates applicable law, a breach of this Agreement or any policy of APS or if your conduct is harmful to the interests of APS, your account balance will be suspended until such time as damages caused by you are determined and such damages will be deducted from your account, if any USD remains after such deduction, said amount will be returned to you. If APS is required to provide notice of termination or cancellation by law, such notice may be provided by posting it on the Site or by sending a communication to any address, email or otherwise, that You have provided in our records.
You will still be liable for any breaches of this Agreement, or any obligations incurred prior to the termination of the Agreement. Continued use of the Site, Services or App by You after termination will constitute Your agreement to the terms of this Agreement and those posted on the Site.
Those rights granted to APS under the terms of this Agreement which would naturally extend beyond the termination of this Agreement between You and APS shall survive such termination.
You may use APS Software for the exclusive purpose of using the Services and APS App as permitted by this Agreement, Privacy Policy and policies and procedures contained on the Site. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it to another service, or use it in any manner inconsistent with the terms of this Agreement without the express, written consent of APS. Your right to use the Software will terminate without notice if you fail to comply with any of the terms of this Agreement and We may terminate your right or ability to use the Software for any reason and at any time. When you use APS Software or App, You may be using the services of one or more third parties, such as a wireless carrier or a mobile application platform provider. Your use of one or more of these third-party services may subject You to additional and separate policies, terms of use, and fees of these third parties.
You may not, and You will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the Software or App, whether in whole or in part, or create any derivative works from or of the APS Software.
In order to keep APS Software up to date, we may offer automatic or manual updates to Our Software at any time and without notice to you.
If any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be stricken from this Agreement and not have any effect on the validity or enforceability of the remaining provisions.
Headings are for reference only and do not limit the scope or extent of such section. Our failure to enforce or act with respect to a breach by You or others does not constitute a waiver of our right to act with respect to that breach or similar subsequent breaches. We do not guarantee we will take action against all breaches of this Agreement or enforce the terms of this Agreement similarly against all parties and reserve the right to use our sole, personal discretion and judgment in enforcing this Agreement against You.
We may amend this Agreement at any time by posting the amended terms on the APS Site or App. Our right to amend this Agreement includes the right to modify, add to, or remove terms in this Agreement.
Except as stated otherwise in this Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, We may also ask you to acknowledge Your acceptance of the Agreement then in effect through an electronic click through. You agree and acknowledge that You have reviewed this Agreement each and every time you are requested to accept this Agreement through an electronic click through and that We may have changed the terms and conditions of this Agreement since any prior electronic click through acceptance by You.
The policies and procedures posted on the APS Site, Services or App, may be changed from time to time. Changes take effect when they are posted on the APS Site.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended to be created by this Agreement.
This Agreement, APS’s Privacy Policy and all policies set forth the entire understanding and agreement between You and APS and supersede all prior understandings and agreements of the parties.