Home Alert Me Web Site Terms of Service
May 1, 2014
1. About the Terms of Service and Home Alert Me Web site
Within these Web site Terms of Service ("Terms") the term "HAM" or "we" will refer
to Home Alert Me, and their respective subsidiaries and affiliates that own and
operate Web sites and Internet services on their behalf. The term "you" refers to
you as a user of Home Alert Me Web sites or Internet services described below.
What do these Terms cover?
These Terms set forth the terms and conditions through which HAM will permit you
to use these HAM owned and operated Web sites and services: the Web sites www.HomeAlertMe.com
(the "HAM Sites") What is outside the scope of these Terms?
Some of the HAM Web sites contain links to other Web sites, including Web sites
of third parties who are acting on our behalf as our agents, suppliers, or providers.
These other Web sites are not operated by HAM and have their own terms of service
that we encourage you to read before you use them. Other sites that we link to may
contain HAM branding, but these non-HAM Web sites and resources are provided by
companies or persons other than HAM. Examples of these non-HAM Web sites include
Web sites where you are required to log-in using a username and password other than
your username and password for the HAM Web site - These Terms do not apply to those
non-HAM sites. Those sites will have their own terms of use that we encourage you
to read before you use them.
2. Accepting These Terms
In order for you to use any of the HAM Web site, you must first agree to abide by
the Terms. You can accept these Terms by: Checking the box next to "I have read
and agree to the Terms of Service" (or similar language); or Using any of the HAM
Web site, in which case you understand and agree that these Terms will apply to
your use of those services (or any parts of them).
Before you continue to use the HAM Web site, you should print or save a local copy
of the Terms for your records.
3. Registration
In order to use the HAM Web site you may be required to provide information about
yourself (such as identification or contact details) as part of the registration
process. You agree that any registration information you give to HAM will be accurate,
correct, and current.
4. Prohibited Uses
You specifically agree not to:
use the HAM Web site to undertake or accomplish any unlawful purpose, including
but not limited to, posting, storing, transmitting or disseminating information,
data or material which is libelous, obscene, unlawful, threatening or defamatory,
or which infringes the intellectual property rights of any person or entity, or
which in any way constitutes or encourages conduct that would constitute a criminal
offense, or otherwise violate any local, state, federal, or non-U.S. law, order,
or regulation;post, store, send, transmit, or disseminate on the HAM Web site any
information or material which a reasonable person could deem to be unlawful;upload,
post, publish, transmit, reproduce, create derivative works of, or distribute on
the HAM Web site in any way information, software or other material that is protected
by copyright or other proprietary right, without obtaining any required permission
of the owner;post on the HAM Web site unsolicited bulk or commercial messages commonly
known as "spam;"send very large numbers of copies of the same or substantially similar
messages, empty messages, or messages which contain no substantive content, or send
very large messages or files that disrupt a blog, newsgroup, chat, or similar feature
of the HAM Web site;initiate, perpetuate, or in any way participate in any pyramid
or other illegal scheme through the HAM Web site;participate in the collection of
very large numbers of e-mail addresses, screen names, or other identifiers of others
(without their prior consent) from the HAM Web site, a practice sometimes known
as spidering or harvesting, or participate in the use of software (including "spyware")
designed to facilitate this activity;collect responses from unsolicited bulk messages
posted on the HAM Web site;impersonate any person or entity, engage in sender address
falsification, forge anyone else's digital or manual signature, or perform any other
similar fraudulent activity (for example, "phishing") on the HAM Web site;restrict,
inhibit, or otherwise interfere with the ability of any other person, regardless
of intent, purpose or knowledge, to use or enjoy the HAM Web site (except for tools
for safety and security functions such as parental controls, for example), including,
without limitation, posting or transmitting any information or software which contains
a worm, virus, or other harmful feature, or generating levels of traffic sufficient
to impede others' ability to use, send, or retrieve information;register under the
name of, nor attempt to use the HAM Web site under the name of, another person;allow
another person to access the HAM Web site using your credentials;access (or attempt
to access) the HAM Web site through any automated means (including use of scripts
or web crawlers), except through APIs or other interfaces specifically provided
for this purpose, or violate the instructions set out in any robots.txt or similar
file present within the HAM Web site;engage in the systematic retrieval of data
or other content from the HAM Web site, except though APIs or other interfaces specifically
provided for this purpose, to create or compile, directly or indirectly, a collection,
compilation, database or directory, without HAM's prior written consent;capture,
rip, download, or otherwise create a copy of any content that is shown on the HAM
Site(s) without obtaining any required permission of the content owner; or take
any actions for the purpose of manipulating or distorting, or that may undermine
the integrity and accuracy of, any ratings or reviews of any service or product
that may be presented by the HAM Site(s).
5. Your Passwords and Unauthorized Use of Your Account
You agree and understand that you are responsible for maintaining the confidentiality
of the password(s) you use to access the HAM Web site. Accordingly, you agree that
you will be solely responsible to HAM for all activities that occur under your HAM
Web site accounts, and will be responsible for any breach of these Terms caused
by these activities. If you become aware of any unauthorized use of your password
or of your account, you agree to notify HAM immediately.
6. Privacy and Your Personal Information
To understand how the HAM Web site use information you provide, please read the
Web site Privacy Policy at http://www.HomeAlertMe.com. This policy explains how
HAM and its providers handle your personal information when you register and use
the HAM Web site.
7. Content on the HAM Web site
The HAM Web site will allow you to access information, such as collections of data,
video, audio, or other multimedia, and photographs and other static images (the
"Content"). This Content may be owned by HAM, other companies that give HAM the
right to distribute their Content, or users of the HAM Web site (like you). HAM
grants you a limited license to view the Content and to use the HAM Web site for
personal, non-commercial purposes as set forth in these Terms or in a manner that
does not require a license. Unless the Content was legally posted by you on the
HAM Web site, you may not distribute copies of the Content in any form (including
by e-mail or other electronic means), without prior written permission from its
owner except as permitted by law. Of course, you are free to encourage others to
access the Content and to tell them how to find it. In addition, our Content providers
want to remind you that you must not remove, alter, interfere with, or circumvent
any copyright, trademark, or other proprietary notices marked on the Content or
any digital rights management mechanism, device, or other content protection or
access control measure associated with the Content. The copying, downloading, stream
capturing, reproduction, duplication, archiving, distribution, uploading, publication,
modification, translation, broadcast, performance, display, sale, or transmission
of the Content is strictly prohibited unless it is expressly permitted by HAM in
writing. You may not incorporate the Content into any hardware or software application.
This prohibition applies even if you intend to give away the derivative materials
free of charge.
You understand that by using the HAM Web site you may be exposed to Content that
you may find offensive, indecent or objectionable. In this respect, you use the
HAM Web site at your own risk. If you would like to use them, there are commercially
available services and software that can limit exposure to material that you may
find objectionable.
8. User Submissions
Some of the material appearing on the HAM Web site will be provided by users. HAM
does not claim ownership of any material that users submit or post on the HAM Web
site. You agree that you are solely responsible for (and that HAM has no responsibility
to you or to any third party for) any material that you create, transmit, or display
while using the HAM Web site, and for the consequences of your actions (including
any loss or damage which HAM may suffer) by doing so. Further, you agree that, with
respect to any communication you submit to us for posting on the HAM Web site, you
will not: (i) include any content that violates a third party's copyright or other
proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed
as fact; or (iii) submit any material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise clearly inappropriate.
If you post any content to the HAM Web site, you hereby grant HAM and its licensees
a worldwide, royalty-free, non-exclusive right and license to use, reproduce, publicly
display, publicly perform, modify, sublicense, and distribute the content, on or
in connection with the HAM Web site or the promotion of the HAM Web site, and incorporate
it in other works, in whole or in part, in any manner. You represent and warrant
that you own the content or otherwise have sufficient rights in it to grant to HAM
the license set forth in this section without infringing or violating the rights
of any third party. If you remove content that you have posted to the HAM Web site
or terminate your HAM Web site account, this license will automatically expire,
with a few limited exceptions. HAM may retain, but will not actively use, copies
of your data that were archived in the normal course of HAM's database backups.
In addition, copies of content that you have shared with other users of the HAM
Web site may be retained by HAM and associated with those other users' accounts
in order to provide them with the HAM Web site. HAM does not assert any ownership
over content that you post to the HAM Web site; rather, as between us and you, subject
to the rights granted to us in these Terms, you retain full ownership of all content
you post to the HAM Web site and any intellectual property rights or other proprietary
rights associated with the content.
HAM reserves the right, but does not assume any obligation, to review any user submission
prior to its display on the HAM Web site using automated tools or manual processes.
HAM may refuse to display or remove any user submission from the HAM Web site for
any reason in our sole discretion. However, we will typically only do so when we
become aware that the material in question is harmful, clearly illegal, or likely
to be considered highly offensive or objectionable to a large segment of our users.
9. Feedback
HAM welcomes your feedback about the HAM Web site. HAM asks that you limit your
feedback to the HAM Web site. Any communications you send to HAM are deemed to be
submitted on a non-confidential basis and become the sole property of HAM. HAM may,
in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or
otherwise use these communications in any way and for any purpose. All of these
uses by HAM shall be without liability or obligation of any kind to you. These uses
may include, for example, use of the content of any of these communications, including
any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed
therein, for any purpose without any obligation to compensate the originator of
the communications and without liability to that person.
10. Proprietary Rights
You acknowledge and agree that HAM (or HAM's licensors) own all legal right, title,
and interest in and to the HAM Web site, including any intellectual property rights
which subsist in the HAM Web site (whether those rights happen to be registered
or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with HAM, nothing in the Terms gives
you a right to use any of HAM's trade names, trademarks, service marks, logos, domain
names, and other distinctive brand features except as permitted by law. If you have
been given an explicit right to use any of these brand features in a separate written
agreement with HAM, then you agree that your use of these features shall be in compliance
with that agreement, any applicable provisions of the Terms, and HAM's brand feature
use guidelines as updated from time to time.
Unless you have been expressly authorized to do so in writing by HAM, you agree
that in using the HAM Web site, you will not use any trade mark, service mark, trade
name, logo of any company or organization in a way that is likely or intended to
cause confusion about the owner or authorized user of these marks, names or logos.
11. Linking to the HAM Sites
HAM welcomes links to the homepages of any of the HAM Sites. You are free to establish
a hypertext link to these homepages so long as the link does not state or imply
any affiliation, connection, sponsorship, or approval of your site by HAM. HAM does
not permit framing or inline linking to the HAM Sites or any portions of them.
12. License from HAM
HAM gives you a worldwide, non-assignable and non-exclusive license to use the HAM
Web site for your personal, non-commercial use on the terms and conditions described
in these Terms. This license is for the sole purpose of enabling you to use and
enjoy the benefit of the HAM Web site as provided by HAM, in the manner permitted
by the Terms.
13. Discontinuing Use of the HAM Web site and Termination of the Terms; Provisions
That Remain in Effect after Termination
The Terms apply to all users of the HAM Web site. Except as described below, depending
on whether you are an unregistered user or a registered user, you can discontinue
your use of the HAM Web site so that these Terms no longer apply to you. Unregistered
Users If you use any of the HAM Web site (or parts of those services) that are accessible
without registration, you may discontinue use of those services at any time. Doing
so will terminate the Terms. If you breach any provision of these Terms or other
applicable policies, or for any other reason, HAM reserves the right to restrict,
suspend, or terminate your use of the HAM Web site and terminate the Terms. We may
take these actions with or without notice to you. Because unregistered users are
generally unknown to us, in most cases we will be unable to give notice of these
actions. Registered Users
If you use any of the HAM Web site (or parts of those services) as a registered
user, you may terminate your registered user account at any time. Doing so will
delete your account and, because you can no longer use the service associated with
that account, terminate the Terms with respect to that service. If you breach any
provision of these Terms or other applicable policies, or for any other reason,
HAM reserves the right to restrict, suspend, or terminate your registered user account
for any or all of the HAM Web site and terminate the Terms. We may take these actions
with or without notice to you. Because registered users are known to us, however,
we will generally use reasonable efforts to give notice of these actions.
Currently, registered user accounts for ConnectNewBraunfels.com cannot be deleted
solely for the Web site.
Sections 8, 10, 13 through 16, and 22 of these Terms will survive termination, and
shall continue to apply indefinitely.
14. EXCLUSION OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE HAM Web site IS AT YOUR SOLE RISK. BECAUSE OF THE
NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE HAM Web site, AND
THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE
INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION.
IF YOU RELY ON THE HAM Web site OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO
AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA
DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE HAM Web site. THE HAM Web site
ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." HAM AND ITS
AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS,
TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OF THE INFORMATION AVAILABLE THROUGH THE HAM Web site, NOR DO THEY GUARANTEE THAT
THE HAM Web site WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE HAM
Web site WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HAM (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES)
OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING
OUT OF ANY USE OR MISUSE OF THE HAM Web site, INCLUDING, WITHOUT LIMITATION, LIABILITY
FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED
BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE
OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES
OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, THE LIABILITY
OF HAM AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE STATE LAW. YOU AGREE THAT THE LIABILITY OF HAM (INCLUDING ITS PARENTS,
SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT
OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE HAM Web site SHALL NOT EXCEED
THE AMOUNT YOU PAID TO HAM FOR THE USE OF THE HAM Web site.
16. Indemnification
You agree to indemnify, defend, and hold harmless HAM (including its parents, subsidiaries,
and affiliates and all of their respective officers, directors, employees, agents,
licensors, suppliers and any third-party information providers) against all claims,
losses, expenses, damages and costs (including reasonable attorney fees) resulting
from any breach of the Terms or unauthorized use of the HAM Web site. HAM reserves
the right, at its election to assume the exclusive defense and control of any matter
subject to indemnification by you and you agree to cooperate with HAM in connection
with our defense.
17. Copyright Infringement
HAM is committed to complying with U.S. copyright and related laws, and requires
all users of the HAM Web site to comply with these laws. Accordingly, you may not
use the HAM Web site to store any material or content, or disseminate any material
or content, in any manner that constitutes an infringement of third party intellectual
property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S.
copyright law have been infringed by any material on the HAM Web site, you may take
advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA")
by sending HAM's authorized agent a notification of claimed infringement that satisfies
the requirements of the DMCA. Upon HAM's receipt of a satisfactory notice of claimed
infringement, HAM will respond expeditiously either directly or indirectly (i) to
remove the allegedly infringing work(s) accessible through the HAM Web site or (ii)
to disable access to the work(s). It is HAM's policy in accordance with the DMCA
and other applicable laws to reserve the right to terminate access to the HAM Web
site (or any part of those services) for any user who is either found to infringe
third party copyright or other intellectual property rights, including repeat infringers,
or who HAM, in its sole discretion, believes is infringing these rights. HAM may
terminate access to the HAM Web site at any time with or without notice for any
affected customer or user. If the affected user believes in good faith that the
allegedly infringing works have been removed or blocked by mistake or misidentification,
then that person may send a counter notification to HAM. Upon HAM's receipt of a
counter notification that satisfies the requirements of DMCA, HAM will provide a
copy of the counter notification to the person who sent the original notification
of claimed infringement and will follow the DMCA's procedures with respect to a
received counter notification. In all events, you expressly agree that HAM will
not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send HAM a notification of claimed infringement to report alleged
infringements of their works to:
Home Alert Me
3322 Coral Grove
San Antonio, Texas 78247
Mattgessner@att.net
Any notification of claimed infringement must be in a form that satisfies the requirements
of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly
makes misrepresentations regarding alleged copyright infringement may be liable
to HAM, the alleged infringer, and the affected copyright owner for any damages
incurred in connection with the removal, blocking, or replacement of allegedly infringing
material.
If a notification of claimed infringement has been filed against you, you can file
a counter notification with HAM's designated agent using the contact information
shown above. All counter notifications must satisfy the requirements of Section
512(g)(3) of the U.S. Copyright Act.
18. Other Sites
The HAM Web site contains links to other sites. Some of these other sites may be
co-branded with HAM branding and may look like features of the HAM Web site, but
these Web sites and resources are provided by companies or persons other than HAM.
HAM does not control the terms of service or the privacy policies of these sites,
and their terms and policies will govern your use of those sites and their use of
any information you provide to them through those sites. You acknowledge and agree
that HAM is not responsible for the availability of any of these external sites
or resources, and does not endorse any advertising, products or other materials
on or available from these Web sites or resources. You acknowledge and agree that
HAM is not liable for any loss or damage which may be incurred by you as a result
of the availability of those external sites or resources, or as a result of any
reliance placed by you on the completeness, accuracy or existence of any advertising,
products or other materials on, or available from, these Web sites or resources.
19. Changes to the Terms
HAM reserves the right to change these Terms from time to time consistent with applicable
contract laws and principles. When these changes are made, HAM will make a copy
of the updated Terms available at this web page and may also make any updated Terms
available to you by e-mail, direct mail, or other reasonable means as selected by
HAM. HAM will make the updated Terms available to you before they take effect. You
understand and agree that if you use the HAM Web site after the date on which the
Terms take effect; HAM will treat your use as acceptance of the updated Terms.
20. Refund & Cancellation Policy
Refunds: If, for whatever reason, you are dissatisfied with your purchase, you can
return it to HAM within 30 days of purchase date subject to conditions below. Claims
for missing items or items damaged in transit must be received within two business
days of receipt of merchandise. Refunds on returned items will be issued in the
same payment form as tendered at the time of purchase. Once we receive and inspect
the product we will credit your account. Please allow 5-7 days for a credit to appear
on your account. If payment was made by check, the refund check will not be issued
before 10 business days after the date of purchase. If the item was sent back for
an exchange, please allow 3-5 business days for the replacement to be processed.
Cancellation: Membership in HAM may be terminated at any time by email to Mattgessner@att.net.
21. Trademarks
Home Alert Me and the HAM design logo are all trademarks or service marks of HAM
or its subsidiaries. All other trademarks and service marks appearing on the HAM
Web site are the properties of their respective owners.
22. General Legal Terms
The Terms constitute the whole legal agreement between you and HAM and govern your
use of the HAM Web site, and completely replace any prior agreements between you
and HAM in relation to the HAM Web site. You agree that HAM may provide you with
notices, including those regarding changes to the Terms, by email, regular mail,
or postings on the HAM Web site.
You agree that if HAM does not exercise or enforce any legal right or remedy which
is contained in the Terms (or which HAM has the benefit of under any applicable
law), this will not be taken to be a formal waiver of HAM's rights and that those
rights or remedies will still be available to HAM.
If any court of law, having the jurisdiction to decide on this matter, rules that
any provision of these Terms is invalid, then that provision will be removed from
the Terms without affecting the rest of the Terms. The remaining provisions of the
Terms will continue to be valid and enforceable. You acknowledge and agree that
each member of the group of companies of which HAM is the parent shall be third
party beneficiaries to the Terms and that these other companies shall be entitled
to directly enforce, and rely upon, any provision of the Terms which confers a benefit
on (or rights in favor of) them. Other than this, no other person or entity shall
be third party beneficiaries to the Terms. The Terms, and your relationship with
HAM under the Terms, shall be governed by the laws of the State if Texas, without
regard to its conflict of laws provisions. By using the HAM Web site, you consent
to the exclusive jurisdiction of the state and federal courts in New Braunfels,
Texas, in all disputes arising out of or relating to the Terms or HAM Web site.
Revised and Effective:
May 1, 2014