Terms of Service

These Terms of Service of Service cover the Silent Beacon, LLC’s and its affiliates (collectively, “SBL”, “we”, “us” or “our”) System (as hereinafter defined). The “System” means an emergency alerting system, consisting of the Silent Beacon device (“Beacon”), a mobile application that is used in connection with the Beacons (“App”) and related maintenance and support services for the Beacon and the App (“Support Services”).  If you do not agree with these Terms of Service,please do not purchase or use the System.  By registering your account on the App, you agree that these Terms of Service constitute a binding legal agreement between you and SBL. 


IMPORTANT: NOT A REPLACEMENT FOR 911.

The System is not a replacement for 911. If you are in immediate danger, are suffering a medical emergency or are the victim of a crime, you should CALL 911 and/or the appropriate authorities and do not rely on this service. Even if the System shows connectivity, we do not guarantee and have no control over whether any alerts, messages, emails, push notifications or any other service will be delivered real-time, immediately accessed by or responded to by any recipient or emergency responder.


Children

You represent that you are the parent or legal guardian of a child between the ages of 13 and 18, and that you consent to your child using the System and such use is under your supervision and you agree to be bound by these Terms of Service on behalf of your child and yourself.  You are fully responsible for the acts of your child in relation to the System. All references herein to “you” shall mean “you on behalf of your child” or “your child” as appropriate in the context of the sentence.  All references herein to “your” shall mean “your child’s”.


Changes to these Terms of Service

SBL is free to revise these Terms of Service of Service at any time by updating this page.  If we make changes to these Terms of Service that we consider material, we will make reasonable efforts to notify you by placing a notice on the website, notifying you through the Services, by sending you an email, or by some other means.  By continuing to use the System after such changes, you are expressing your acknowledgement and acceptance of the changes.  Please check these Terms of Service periodically for updates.

We are always trying to improve the System, so it may change over time.  We may suspend or discontinue any part of the App or Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the App or Services.  Similarly, we reserve the right to remove any Content (as hereinafter defined) from the System at any time, for any reason, in our sole discretion and without notice.  We may change any aspect of the System, at any time and for any reason in our sole discretion.  

We are also free to terminate (or suspend access to) your use of the System or your account, for any reason at our discretion, including your breach of these Terms of Service.  We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Service.


Setting Up an Account

You will be required to sign up for an account and select a password and username (“User ID”).  You promise to provide us with accurate, complete and updated registration information about yourself.  You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.  Also, you will not share your account or password with anyone, and you must protect the security of your account and password.  You are responsible for any activity associated with your account.


Account Security

As a user of the App and Services you will be obligated to register and establish an account. You are solely responsible for maintaining the confidentiality and security of your own account, including, without limitation, your username, phone number and email address and the information you add of others. You should not reveal your account information, login or any codes sent to you to anyone, nor should you use anyone else’s account. You are entirely responsible for all alerts and activity that occur on or through your account including calls placed to emergency personnel.  We shall not be responsible for any losses or damages arising out of the unauthorized use of your account.


Downloading Our App

When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (the “Stores”), you acknowledge and agree that:

(a) these Terms of Service are concluded between SBL and you, the consumer, and not with the Stores, and that SBL (not the Stores), is solely responsible for the App;

(b) the Stores have no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims;

(c) the Stores are not responsible for addressing any claims you have relating to the App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the App fails to conform to any applicable legal or regulatory requirement; and

(d) the Stores are a third-party beneficiary of these Terms of Service and have the right to enforce these Terms of Service against you (as it relates to your license of the App through the Stores). You must also comply with the Store’s terms of service when using the App.


License

Subject to your compliance with these Terms of Service, we grant you a limited non-exclusive, non-transferable license to download,  install, and run the App on your smartphone or tablet solely for your own personal non-commercial purposes.   We reserve all rights in and to the System not expressly granted to you under these Terms of Service. We retain all ownership of, and all intellectual property rights in, the System, including but not limited to all patents, trademarks, copyrights, trade secrets and other proprietary or intellectual property rights.  You shall acquire no rights therein other than those limited rights of use specifically conferred by this license.  


Restrictions on Use

You represent, warrant and agree that you shall not:

(a) modify or create derivative works of the System, or any portion or component thereof; (b) copy, frame or mirror any features or functionality of the System;

(c) reverse engineer any functionality of the System;

(d) access the System, or any portion thereof, in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of any module or functionality;

(e) use the System to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;

(f) use the System to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs;

(g) interfere with or disrupt the integrity or performance of the System or third-party data contained therein;

(h) attempt to gain unauthorized access to the System or its related systems or networks; (i) use the System for timesharing or service bureau purposes or otherwise for the benefit of a third party;

(j) transmit or disseminate unsolicited material, including without limitation, “junk mail” or “unsolicited bulk e-mail”, or other advertising material to end users that have not specifically agreed to receive such material by either opting or not opting out in a lawful manner;

(k) access or use the System for non-emergency communications; (l) permit any third party to use the System for any commercial purpose or for the benefit of any third party;

(m) distribute, resell, transfer or allow any other individual to use the Beacon;

(n) remove any labels, warnings or marks on the Beacon; or

(o) tamper, decompile, reverse engineer, or otherwise attempt to derive any source code or underlining ideas or algorithms of any party of System.


Additional Prohibitions

You represent, warrant, and agree that you shall not, and you will not permit any third party to, do any of the following:

(a) use the App, Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Service;

(b) use the App or Services to send altered, deceptive or false sourcing-identifying information;

(c) use the App or Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;

(d) take any action that might compromise the security of the Beacon, App or Services, render the Beacon, App or Services inaccessible to others or otherwise cause damage to the Beacon, Services or App;

(e) add to, subtract from, or otherwise modify any content provided in connection with the App(s), or access any content provided in connection with the App(s) that is not intended for you;

(f) use the Beacon, App, or Services in any manner that might interfere with the rights of third parties;

(g) engage in excessively high-volume data transfers or bandwidth use, including by hosting a web server, internet relay chat server or any other server via any use of the App(s), or attempt any of the foregoing;

(h) access, tamper with, or use non-public areas of the Services, SBL’s computer systems, servers, or the technical delivery systems of the SBL’s providers;

(i) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing or use any malicious use, programs or techniques in connection with the App or Services or attempt to overload or crash the App or Services;

(j) attempt to access or search the App, Services or Content or download Content from the App or Services through the use of any tool, Beacon or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the SBL or other generally available third party web browsers;

(k) submit or transmit any Content that:

(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(iii) is harmful, fraudulent, harassing, false, misleading or deceptive;

(iv) is defamatory, obscene, pornographic, vulgar or offensive;

(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or

(vii) promotes illegal or harmful activities or substances;

(m) violate any law, ordinance, or regulation, including privacy and other laws;

(n) violate the security of any computer network, or cracks any passwords or security encryption codes;

(o) run Maillist, Listserv, any form of auto-responder or “spam” on the App or Services or any processes that run or are activated while you are not logged into the System, or that otherwise interfere with the proper working of the System; or

(p) “crawls,” “scrapes” or “spiders” any page, date or portion of or relating to the Services or Content.


Alerts, Messages and Notifications

As part of the App and Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages (the “Alerts”) directly sent to you outside or inside the App (“Alerts”). You have control over the Alerts and their respective settings and whether they are turned on or off, and can opt in or out of these Alerts (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Alerts depending on the message plan you have with your wireless carrier. You understand and agree that management of the amount of Alerts transmitted through the Apps and Services are your own responsibility. SBL may, at its sole discretion, provide a mechanism for opting out of the Alerts, such as by removing the phone numbers for all your contacts, including emergency responders, in the profile page of the App or adding Services if it finds abuse or a limit of Alerts has been reached.


Cost and Delivery of Alerts

You understand and acknowledge that your use of the App and Services providing these Alerts, such as from a mobile device or computer, is subject to any agreements with your network service provider and any fees they may charge, including but not limited to the fees for access or service delivery, additional alerts, data transfer and cellular usage.  Cellular data rates may apply; please consult your network service provider for more information.


Privacy

Please refer to our Privacy Policy https://www.silentbeacon.com/privacy-policy/ for information on how we collect, use and disclose information from our users.


Compatibility

It is your responsibility to verify that the System is compatible with your smartphone, tablet or other Beacon.  Lack of compatibility is not a valid claim under the Silent Beacon warranty and does not otherwise constitute a basis for receiving a refund after the thirty (30) day period. Your Alerts, internet and cellular service may be limited by your network operator or your smartphone.


Mobile Network Delivery

You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control and influence of SBL. You agree that SBL is not responsible for your use of the App and Services outside of our servers and we are not responsible or liable for problems arising in the network. SBL’s responsibility is to use commercially reasonable efforts to maintain the Apps and Services. YOUR ALERTS, INTERNET AND CEULLUAR SERVICE MAY BE LIMITED BY YOUR OPERATOR OR YOUR DEVICE.

You agree and accept that your use of the App, Services and Alerts may be limited by your network operator or by the capabilities or capacities of your smartphone. You are responsible for checking to see if your mobile plan includes SMS text messaging, data, push notifications, emails, cellular service and other Alerts that our Services use. Furthermore, you acknowledge that certain operators of prepaid mobile plans do not support or offer certain mobile network services, such as delivery of messaging and mobile Internet access, to users of their prepaid services. You acknowledge and agree that the Apps, Service and Alerts may not, in whole or in part, be available to you if you have such prepaid service and your mobile network operator does not support necessary mobile network services required for our Services.


Content You Provide

You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services (your “Content”), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms of Service.


Enforcement

SBL has the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our App or Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms of Service, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms of Service. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.


Copyright Policy

It is our policy to remove, or disable access to, material that infringes any copyright on our App or Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) an identification of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on our Services;
(d) your address, telephone number, and e-mail address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
 

Notice of claims of copyright infringement should be sent to our email address at the end of this document or by mail to the address at the end of this document.


Third Party Links

Our System may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own Terms of Service and policies, including privacy and data gathering practices.


Software Updates

From time to time, SBL may develop updates, upgrades, patches and other modifications to improve the performance of the System or for other reasons in our sole discretion (“Updates”). You agree that SBL may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.


User Communications

SBL is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through websites or Services (“communications”), including e-mails to us or postings on interactive portions of websites, shall be deemed and shall remain the property of SBL. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. We are free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing products or services using such communications. By submitting communications to us through websites, via e-mail, or by any means, you hereby RELEASE us from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to websites or to us, you hereby grant SBL, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.


Termination

You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our App or Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments, your access and content to our App and Services will be deleted and you will have no further right to access any of the foregoing or your account.


Limited Warranty

Please refer to SBL’s Warranty and Return Policy (“Limited Warranty”) which may be found at https://silentbeacon.com/limited-warranty-and-return-policy/ for information on the Limited Warranty and on returns and exchanges of the Device.


Disclaimers

SUBJECT TO THE LIMITED WARRANTY, YOU ACCEPT THE SYSTEM “AS IS, WHERE-IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED. YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY ARISING FROM ITS USE OF THE SYSTEM. YOU SHALL ENSURE THAT IT AND ITS END USERS SHALL ONLY BE ABLE TO USE THE BEACONS IN DIRECT CONNECTION WITH THE SYSTEM AND FOR NO OTHER PURPOSE.

THE SYSTEM ONLY OPERATES WHEN BEACONS ARE IN OPERATING RANGE OF THE USERS MOBILE PHONE AND WHERE THE USER’S MOBILE PHONE HAS NETWORK CONNECTIVITY, BLUETOOTH CONNECTIVITY AND CELLULAR ACCESS. IN ADDITION, THE SYSTEM AND BEACON CONNECTIVITY TO THE SERVICES MAY BE TEMPORARILY INTERRUPTED, REFUSED, OR LIMITED AT ANY TIME BECAUSE OF TRANSMISSIONS LIMITATIONS CAUSED BY THIRD PARTY NETWORK, CARRIER, ATMOSPHERIC AND TOPOGRAPHICAL FACTORS OUTSIDE OF SBL’S OR SERVICE PROVIDER’S CONTROL, OR EQUIPMENT MODIFICATIONS, UPGRADES, REPAIRS OR SIMILAR OTHER ACTIVITIES. INDIVIDUAL DATA TRANSMISSIONS MAY BE INVOLUNTARILY DELAYED FOR A VARIETY OF REASONS, INCLUDING THE ABOVE, WEAK BATTERIES, SYSTEM OVER-CAPACITY, AND THE END USER’S MOVEMENT OUTSIDE OF THE CARRIER’S SERVICE AREA.

SBL MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF SBL’S RESPONSE, AND SBL HAS NO CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE SYSTEM BEING USED.  YOU FURTHER UNDERSTAND THAT SBL MAY IMPROPERLY PERFORM THE SERVICES, OR MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF AN EMERGENCY SIGNAL FROM THE SYSTEM, OR THAT THE SYSTEM MAY FAIL TO FUNCTION PROPERLY.    


Limitation of Liability

YOU ACKNOWLEDGE THAT (I) THE RISK OF LOSS OR BODILY HARM, INJURY OR DEATH, AND THE POTENTIAL LIABILITY FOR SUCH LOSSES, EXISTS BEFORE, AND IS INDEPENDENT OF, THE PROVISION OF THE SYSTEM AND SERVICES BY SBL TO YOU, (II) PERSONAL SAFETY AND MONITORING SYSTEMS DO NOT CREATE, NOR DO THEY INCREASE, THE RISK OR EXTENT OF SUCH LOSSES, (III) SBL DOES NOT AND CANNOT CONTROL THE SITUATIONS OR EVENTS THAT GIVE RISE TO THE OCCURRENCES (MEDICAL EMERGENCIES, FIRES, CRIMINAL ACTIVITY, ETC.) OR THE CONSEQUENCES THEREOF (PROPERTY LOSS, PERSONAL INJURY, ETC.) THAT THE SYSTEM IS INTENDED TO AVERT OR DETECT, AND (IV) BECAUSE OF THE UNIQUE NATURE OF THE SYSTEM, THE PARTIES HAVE AGREED THAT SBL’S LIABILITY SHOULD BE LIMITED IN ACCORDANCE WITH THE PROVISIONS OF THE TERMS OF SERVICE.

IN NO EVENT WILL SBL BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE SYSTEM OR THE PERFORMANCE OR NONPERFORMANCE OF SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF SBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL SBL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS FROM PERSONAL INJURY OR DEATH, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR LOSS OF DATA, ARISING OUT OF YOUR OR ANY USER’S USE OF, OR INABILITY TO USE, THE SYSTEM, OR THE PERFORMANCE OR NONPERFORMANCE OF SERVICES.

SBL’S MAXIMUM AGGREGATE LIABILITY TO YOU AND ANY THIRD PARTY SHALL BE LIMITED TO THE FEES PAID BY YOU TO SBL FOR A BEACON.

You specifically understand that (i) SBL, in providing the SBL System, may serve as a conduit for information and services provided by third parties and that SBL may rely on such information and services, (ii) the System communicates over internet (iii) these transmission systems are beyond the control of SBL and are maintained and serviced solely by the applicable network or telecommunications provider, (iv) the transmission systems may not always be reliable, and (v) any changes made to these transmission systems may disrupt communication from the System, without notice to you, and SBL will have no way to know of such problem. YOU UNDERSTAND THAT SBL WILL NOT RECEIVE SIGNALS FROM THE SYSTEM IF YOUR TRANSMISSION SYSTEM IS NOT SET UP, NOT WORKING PROPERLY, LOSSES POWER OR CONNECTIVITY OR IF CHANGES IN THE TRANSMISSION SYSTEM PREVENT COMMUNICATION WITH SBL. YOU ARE RESPONSIBLE FOR TESTING THE SYSTEM ON A WEEKLY BASIS, AS WELL AS IMMEDIATELY FOLLOWING ANY CHANGE TO THE TRANSMISSION SYSTEM. You will immediately notify SBL and its users of any problems with the System or loss of connectivity.  SBL assumes no responsibility or liability for the accuracy, completeness, propriety, or legality of information which may be provided, directly or indirectly, by or on behalf of you, any user or any third party, or of the Services to which such information may relate.

ANY LIABILITY RELATING TO THE SYSTEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SILENT BEACON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL SBL TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO SBLFOR USE OF THE APP AND SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SBL, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SBLAND YOU.


Force Majeure

SBL IS NOT RESPONSIBLE FOR INTERRUPTIONS OR DELAYS TO A PRODUCT OR SERVICE THAT ARE CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF SBL’S CONTROL, INCLUDING WITHOUT LIMITATION THE FOLLOWING: ANY WAR WHETHER DECLARED OR UNDECLARED, FIRE, FLOOD, EXTREME WEATHER, ACCIDENT, EXPLOSION, ACT OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKE, LOCKOUT OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER ATTACKS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF SBL FOR THE DURATION OF AN INTERRUPTION.


Dispute Resolution

Good Faith Attempt to Resolve.

You and SBL will attempt in good faith to resolve any controversy or claim arising out of or relating to the System promptly through an officer of SBL.. Any final decision mutually agreed to in writing shall be conclusive and binding you and SBL.  If you and SBL are unable to resolve the matter through negotiations within fourteen (14) days after such matter was first referred to them, either you or SBL may submit the dispute to mediation in accordance with the paragraph below.

MEDIATION.

IF YOU AND SBL ARE UNABLE TO SATISFACTORILY RESOLVE ANY DISPUTE, YOU AGREE TO SUBMIT TO MEDIATION UNDER THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) MEDIATION RULES THEN IN EFFECT.  SUCH MEDIATION SHALL BE CONDUCTED BY A SINGLE MEDIATOR IN ROCKVILLE, MARYLAND AND IF THE DISPUTE REMAINS UNRESOLVED AFTER SUCH MEDIATION, THEN EITHER YOU OR SBL MAY SUBMIT THE DISPUTE TO ARBITRATION IN ACCORDANCE WITH THE PARAGRAPH BELOW.  THE COST OF THE MEDIATION SHALL BE EQUALLY SHARED BY YOU AND SBL.

 

ARBITRATION.

 IF YOU AND SBL ARE UNABLE TO SATISFACTORILY RESOLVE A DISPUTE, THEN YOU MAY SUBMIT THE DISPUTE TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR SELECTED IN ACCORDANCE WITH THE RULES OF THE AAA UTILIZING THE AAA’S EXPEDITED PROCEDURES AND APPLYING MARYLAND LAW.  THE ARBITRATION PROCEEDINGSHALL BE CONDUCTED IN ROCKVILLE, MARYLAND.  YOU AND SBL WILL EACH SUBMIT THEIR OWN WRITTEN SUBMISSION RECOMMENDING IN SUPPORT OF THE POSITION ADVANCED, SUCH REPORTS TO BE SUBMITTED NO LATER THAN TWENTY (20) DAYS AFTER THE ARBITRATOR HAS BEEN RETAINED.  YOU SHALL PROVIDE THE ARBITRATOR WITH SUCH ADDITIONAL INFORMATION AS THE ARBITRATOR MAY REQUEST AT HIS/HER DISCRETION.  NO LATER THAN SIXTY (60) DAYS AFTER THE ARBITRATOR IS RETAINED, HE/SHE SHALL RENDER HIS/HER DECISION IN A WRITTEN REPORT WHICH SHALL BE FINAL, BINDING AND ENFORCEABLE IN A COURT OF LAW HAVING ADEQUATE JURISDICTION AND SHALL NOT BE SUBJECT TO LEGAL CHALLENGE.  THE COST OF ARBITRATION SHALL BE BORNE IN SUCH PROPORTION AS THE ARBITRATOR SHALL DECIDE.  THE ARBITRATOR MAY AWARD LEGAL FEES AND COSTS TO THE PREVAILING PARTY IF AND WHEN APPROPRIATE.  
 

Agreement to Arbitrate.  

Either you or SBL may assert claims, if they qualify, in small claims court in Rockville, Maryland or any United States county where you live or work.  Either of us may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the System or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

No Class Actions.  

YOU MAY ONLY RESOLVE DISPUTES WITH SBL ON AN INDIVIDUAL BASIS AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLODATED OR REPRESENTATIVE ACTION. CLASS ARBIRTRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

Judicial Forums for Disputes.  

In the event that the agreement to arbitrate is found not to apply to you or your claim, you agree that any judicial proceeding (other than small claim actions) will be brought in the federal or state courts of Rockville, Maryland.  You consent to venue and personal jurisdiction there, and service or process through first class or overnight mail. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.

Limitation on Claims.

 REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SYSTEM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR ELSE THAT CLAIM OR CAUSE OF ACTION WILL BE BARRED FOREVER.


General Provisions

These Terms of Service constitute the entire agreement between you and SBL with respect to the subject matter and supersedes any prior understandings and agreements. These Terms of Servicewill be governed by and construed in accordance with the laws of the State of Maryland, without regard to or application of conflicts of law rules or principles. If any part of these Terms of Service is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms of Service will remain in full force and effect. The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You may not assign or transfer these Terms of Service, or any order accepted by SBL hereunder, in whole or in part, by operation of law or otherwise, without SBL’s express prior written consent. Any attempt to do so, without SBL’s consent, will be null and of no effect. SBL may freely assign these Terms of Service. SBL will not be responsible for any failure or delay in its performance under these Terms of Service or for any failure or delay in enforcing any provision of these Terms of Service.   Such failure or delay will not constitute a waiver of future enforcement of that or any other provision.


Contacting Us

If you have any questions about these Terms of Service, please contact us at support01@silentbeacon.com.

Alternatively, you may contact SBL in writing mailed to:

Silent Beacon, LLC
9200 Corporate Blvd., Suite 240
Rockville, MD 20850

These Terms of Service were last updated March 6, 2024

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