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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:

  1. License; Restriction on Use
    1. 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 Any such amended, modified, restated and/or rescinded Terms and Conditions (collectively, the "Changed Terms and Conditions") will be published on the Site.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.
    1. Until revoked, terminated, amended or modified, the License gives you the following rights:
      1. 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;
      1. 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
      1. 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.
    1. 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.
  1. 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.

  1. 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. 

  1. 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.

  1. 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.

  1. Warranty Disclaimer; Limitation of Liability
    1. 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.
    1. 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.
    1. 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.
    1. 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.
  1. Miscellaneous
    1. 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.
    1. 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.
    1. 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.
    1. 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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