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OTIS
TERMS OF SERVICE
Effective June
20, 2007
SECURITY INDUSTRY ALARM COALITION
PROVIDES THIS SITE AND RELATED MATERIALS AND SERVICES AS PART OF ITS
ORDINANCE TRACKING INFORMATION SYSTEM ("OTIS") AND IS SUBJECT TO
YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS (THE "TERMS
OF SERVICE") SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION
CAREFULLY:
- License;
Restriction on Use
- You are granted
a non-exclusive, nontransferable, limited license (the "License")
to access and use the Internet site ("Site") of Security Industry
Alarm Coalition "SIAC"), and the materials including, without limitation,
the "Legal Materials" as defined below, (collectively "Materials")
and services ("Services") offered and provided through the Site
by SIAC. Such access and use of the Site, the Materials and the Services
are subject to and limited by the terms and conditions set forth herein
(the "Terms and Conditions"). SIAC shall have the right in
its sole and absolute discretion to amend, modify, restate and/or rescind
at any time and from time to time any of the Terms and Conditions. Any
such amended, modified, restated and/or rescinded Terms and Conditions
(collectively, the "Changed Terms and Conditions") will be published
on the Site. Continued use of the Site, the Materials or the Services
following any such change in the Terms and Conditions constitutes your
acceptance of such Changed Terms and Conditions.
- Until revoked, terminated,
amended or modified, the License gives you the following rights:
- To electronically
display certain Materials consistent with the "Level of Access"
(as defined below) granted to you, which Materials are retrieved from
the Services to no more than one person at a time;
- To obtain a printout
of certain Materials consistent with the Level of Access granted to
you, via printing commands of the Services and to create a single printout
of such Materials downloaded via the downloading commands of the Services
(collectively, the "Authorized Printout"); and
- To post the text
of statutes, and government rules, regulations, interpretive opinions
and other laws (collectively, the "Legal Materials"), if and only
if you have been granted the Level of Access which authorizes you to
do so.
- Any Materials may
only be used by you in connection with the performance by you of your
lawful duties at the corporation, limited liability company, partnership
or other entity (each an "Organization") identified in your application
for access to the Site (the "Approved Organization") and only in
furtherance of the legal and rightful business and other endeavors of
the Approved Organization. Any Authorized Printouts may only be disseminated
to other employees or agents of the Approved Organization.
- Access to
the Site, Materials and Services
In
its sole and absolute discretion at any time and from time to time,
without prior notice to you, SIAC (i) may establish different levels
of access to the Site, Materials and/or Services ("Levels of Access"),
which Levels of Access have different rights and privileges, (ii) may
amend, modify or terminate any or all of the Levels of Access, (iii)
may grant to you a particular Level of Access and (iv) may change the
Level of Access granted to you or terminate your access to the Site,
Materials and/or Services.
- Posting
of Materials on the Site
If
you are granted by SIAC the Level of Access which permits you to make
postings on the Site of the text of Legal Materials (collectively, the
"Postings"), you agree to use your commercially reasonable efforts
to ensure that all Postings by you are accurate at the time of posting
and non-infringing on the intellectual property rights of others, and
to ensure that all such Postings will be made without modifications
to the text of the Legal Materials and without commentary. SIAC
acknowledges that you have no obligation to update Postings previously
made by you based upon changes in the Legal Materials or otherwise after
your original posting. SIAC shall have the right at any time and
from time to time without notice to reject, delete, amend or modify
any of your Postings.
- Web Copyright
Information
All
pages within Site are the property of SIAC. You may not remove or obscure
the copyright notice contained in the Materials retrieved from the Services.
Neither you nor the Approved Organization acquire any proprietary interest
in any of the Materials or the Services. Any Postings on the Site made
by you on your behalf and/or on behalf of the Approved Organization
become the exclusive property of SIAC and you for yourself and for the
Approved Organization relinquish any rights whatsoever thereto.
Except to the extent expressly provided herein, no portion of the Materials
may be reprinted, republished or otherwise disseminated in any form
or media without the express written permission of SIAC.
- Trademark
Notice
"Security
Industry Alarm Coalition", "SIAC" , "Ordinance Tracking System",
"OTIS"and the "SIAC" logo are trademarks and service marks of
SIAC. All other trademarks, service marks and logos used in this Site
are the trademarks, service marks or logos of their respective owners.
You shall not remove or obscure any trademark or service mark notices
contained in the Materials retrieved from the Services.
- Warranty
Disclaimer; Limitation of Liability
- THIS SITE, INCLUDING,
WITHOUT LIMITATION, THE MATERIALS, ANY OTHER CONTENT OR INFORMATION
CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED "AS IS" WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU, ON YOUR
BEHALF AND ON BEHALF OF THE APPROVED ORGANIZATION, ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR (AND THE APPROVED ORGANIZATION’S) USE OF THIS SITE,
THE MATERIALS AND THE SERVICES.
- SIAC, ITS "SPONSORS"
AND "CONTRIBUTORS" (AS DEFINED BELOW) ARE NEITHER RESPONSIBLE NOR
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE, THE MATERIALS, THE SERVICES AND/OR CONTENT OR INFORMATION
CONTAINED WITHIN THE SITE OR THE FAILURE OF SIAC, OR ITS SPONSORS OR
CONTRIBUTORS TO PERFORM ITS OBLIGATIONS HEREUNDER OR OTHERWISE WITH
RESPECT TO THE SITE, THE MATERIALS (INCLUDING, WITHOUT LIMITATION, THE
LEGAL MATERIALS) OR THE SERVICES, REGARDLESS OF ANY NEGLIGENCE OF ANY
OF THEM. YOUR (AND THE APPROVED ORGANIZATION’S) SOLE REMEDY FOR DISSATISFACTION
WITH THE SITE, THE MATERIALS AND/OR THE SERVICES IS TO STOP USING THE
SITE, THE MATERIALS AND/OR THOSE SERVICES. IF NOTWITHSTANDING
THE FOREGOING, SIAC OR ANY OF ITS SPONSORS OR CONTRIBUTORS IS FOUND
LIABLE FOR LOSS OR DAMAGE UNDER ANY LEGAL THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE, THEN THEIR LIABILITY SHALL BE LIMITED
TO A SUM EQUAL TO THE AMOUNT OF FEES PAID BY THE AGGRIEVED PARTY FOR
ACCESS TO THE SITE OR $1,000, WHICHEVER IS GREATER, AS AGREED UPON DAMAGES
AND NOT AS A PENALTY, AS THE PARTY’S SOLE REMEDY.
- As used in this
Section 6, the term "Sponsor" means any individual or Organization
which is a member of SIAC and the term "Contributor" means any individual,
who is authorized by SIAC to make Postings to the Site, and the Organization
which employs or engages such individual.
- Although SIAC attempts
to ensure the integrity and accurateness of the Site (and all Materials,
including, without limitation, the Legal Materials), neither SIAC, its
Sponsors nor its Contributors makes any guarantees, representations
or warranties whatsoever as to the correctness, completeness or accuracy
of the Site (or any of the Materials, including, without limitation,
the Legal Materials). It is possible that the Site (and/or any of the
Materials, including, without limitation, the Legal Materials) could
include inaccuracies, errors or omissions or could be incomplete or
out of date, and that unauthorized additions, deletions and alterations
could be made to the Site and/or any of the Materials by third parties.
You, on your behalf and on behalf of the Approved Organization, are
responsible for independently verifying the correctness, completeness
and accuracy of any Materials (including, without limitation, the Legal
Materials) on the Site before utilizing or relying upon them for any
purpose. In the event that you become aware of any inaccuracy
arises, please inform SIAC so that it can be corrected.
- Miscellaneous
- Except as otherwise
provided herein, all notices and other communications hereunder shall
be in writing or displayed electronically in the Site by SIAC. Notices
shall be deemed to have been given on the date deposited in the U.S.
mails, if mailed; on the date first made available, if displayed on
the Site; or on the date received, if delivered in any other manner.
Until a notice of change is given pursuant to this Section 7.1, Notices
to SIAC shall be send to SIAC, 11209 New Orleans Drive, Frisco, Texas
75035; attention Executive Director.
- These Terms of Service
are entered into in the State of [Texas] and shall be governed by and
construed in accordance with the laws of the State of Texas, exclusive
of its choice of law rules.
- Each party to these
Terms of Service submits to the exclusive jurisdiction of the state
and federal courts sitting in the County of Collin in the State of Texas,
and waives any jurisdictional, venue, or inconvenient forum objections
to such courts. In any action to enforce these Terms of Service, the
prevailing party will be entitled to costs and attorneys' fees. TO THE
EXTENT PERMITTED UNDER APPLICABLE LAW, EACH PARTY HERETO WAIVES THE
RIGHT TO A TRIAL BY A JURY IN ANY ACTION OR PROCEEDING TO ENFORCE, OR
DEFEND ANY RIGHTS UNDER THESE TERMS OF SERVICE, AND AGREES ANY SUCH
ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A
JURY. In the event that any of the provisions of these Terms of
Service are held by a court or other tribunal of competent jurisdiction
to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that these Terms of Service shall
otherwise remain in full force and effect.
- These Terms of Service
constitute the entire agreement between the parties hereto pertaining
to the subject matter hereof, and any and all written or oral agreements
heretofore existing between the parties hereto with respect to the subject
matter hereof are expressly superseded hereby.
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