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The following terms and conditions govern all use of the iAlertYou.com website and all content, services and products available at or through the website (taken together, the "Website"). The Website is owned and operated by iAlertyou, LLC ("iAlertyou"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, (including, without limitation, iAlertYou's Privacy Policy) and procedures that may be published from time to time on this Website by iAlertYou (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by iAlertYou, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Electronic Communications. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Intellectual Property. All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of iAlertYou or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of iAlertYou and protected by United States and international copyright laws. All software used on this Website is the property of iAlertYou or its software suppliers and protected by United States and international copyright laws. Other trademarks, service marks, graphics and logos used in connectionw ith the Website may be the trademarks of other third parties. your use of the Website grants you no right or license to reproduce or otherwise use any iAlertYou or third-party trademarks.
- Your iAlertYou.com Account and Website. If youuse this Website, you are responsible for maintaining the confidentiality of your iAlertYou account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. iAlertYou reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
- Changes. iAlertYou reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. iAlertYou may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Cancellation and Termination. You are solely responsible for properly cancelling your account. All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled. All service charges accrued up until the cancellation date must be paid in full. iAlertYou, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other iAlertYou service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. iAlertYou reserves the right to refuse service to anyone for any reason at any time. All provisions of this Agreement which by their nature should survive cancellation or termination shall survive cancellation or termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranty. THERE IS NO WARRANTY FOR THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING IALERTYOU AND ITS SUPPLIERS AND LICENSORS PROVIDE THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE IS WITH YOU. SHOULD THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE PROVE DEFECTIVE, YOU ASSUME TEH COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
- Limitation of Liability. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL IALERTYOU, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SERVICE TO OPERATE WITH ANY OTHER SERVICES), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification. You agree to indemnify and hold harmless iAlertYou and other Released Parties, against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement. You agree to use the Website only for lawful purposes. You agree to indemnify iAlertYou and the other Released Parties against any usage of the Website you undertake that may lead to legal recourse by any 3rd party.
- Controlling Law. This license is governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for all litigation shall be Austin, Texas. If you choose to access the Site from locations other than Austin, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify iAlertYou and the other Released Parties for your failure to comply with any such laws.
- Miscellaneous. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. iAlertYou may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of iAlertYou, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and iAlertYou regarding your use of the Website, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and iAlertYou regarding your use of the Website. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
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