Last updated: June 20, 2019
These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and Citizen Alert Inc and govern your use of Citizen Alert’s services, including mobile applications, websites, software and other products and services (collectively, the “Services”), whether such Services are provided by Citizen Alert Inc or a subsidiary or affiliate of either company. By using any of the Services you agree to these General Terms, and any other policies referenced within (“Policies”), including terms that limit our liability and require individual arbitration for any potential legal dispute. You also agree to any additional terms specific to the Services you use (“Additional Terms”), which are linked to below for your reference. If you are using the Services on behalf of a business, you agree that you accept all these terms and have authority to enter into these terms on behalf of that business. You should read all of our terms carefully.
You must open provide your credit card details to use the Credit Card Payment Services. During this service, we will ask you for information including your name and credit card number. You must provide accurate and complete information in response to our questions and keep that information current. You are fully responsible for all activity that occurs under your Citizen Alert Account, including for any actions taken by persons to whom you have granted access to the Citizen Alert Account.
We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable in the circumstances and in accordance with applicable law or code of conduct, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
The Services may include functionality for uploading or providing photos, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Citizen Alert Account or by terminating your Citizen Alert Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Citizen Alert’s or its partners’ products and services, as determined by us in our sole discretion; (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Citizen Alert, its affiliates, its customers or its partners to harm or liability of any nature; or (g) was obtained in breach of any applicable law, including personal privacy statutes, anti-spam legislation and consumer protection laws.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss of or damage to any of your Content.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Citizen Alert Account or any other breach of security. In the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Citizen Alert Account subject to dispute) will be final and binding on all parties.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you in those communications. You acknowledge that opting out of receiving communications may impact your use of the Services.
We may terminate these General Terms or any Additional Terms, or suspend or terminate your Citizen Alert Account or your access to any Service, at any time upon notice to you. You may terminate the General Terms and Additional Terms applicable to your Citizen Alert Account by deactivating your Citizen Alert Account at any time.
If these General Terms or your Citizen Alert Account is terminated or suspended for any reason: (a) the license and any other rights granted under these General Terms and any Additional Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: “Your Content”, “Indemnity”, “Representations and Warranties”, “No Warranties”, “Limitation of Liability and Damages”, “Third Party Products”, “Disputes”, “Binding Individual Arbitration”, “Limitation on Time to Initiate a Dispute, :Assignment”, “Third Party Service and Links to Other Web Sites)”, and “Other Provisions”.
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these General Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.
We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any province, country, territory or other jurisdiction.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable legal’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any applicable Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of Canada (including its provinces and territories) or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, provincial, territorial, and local laws, rules, and regulations applicable to you and/or your business, including all laws governing the protection of personal information, anti-spam legislation and consumer protection laws; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these General Terms.
THE USE OF “Citizen Alert” IN SECTIONS 17 AND 18 MEANS Citizen Alert, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, Citizen Alert SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Citizen Alert DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Citizen Alert does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. Citizen Alert does not have control of, or liability for, goods or services that are paid for using the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Citizen Alert BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. IN ALL CASES, Citizen Alert WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL Citizen Alert BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR Citizen Alert ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. Citizen Alert MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Any action or proceeding by you relating to any Dispute must commence within three months after the cause of action accrues or you shall be deemed to have waived any such right.
These General Terms, any Additional Terms and any rights and licenses granted hereunder or thereunder may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.19. Third Party Services and Links to Other Web Sites
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Citizen Alert regarding the Services. In the event of a conflict between these General Terms and any other Citizen Alert agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.
We collect information you provide when you apply or sign up for a Citizen Alert Account and when you provide information as part of our identity or account verification process. We collect information about you, including:
We also collect information you upload to or send through our Services
We collect information about you when you use our Services, including:
Location Information. Through our applications, we collect information about the location of your device. For more information and to learn how to disable collection of location information.
Device Information. We collect specific information about your device when you access our Services, including your hardware model, operating system and version, unique device identifier, mobile network information, and information about the device’s interaction with our Services. We may also identify other software running on the device for anti-fraud and malware-prevention purposes (but will not collect any content from such software).
Use Information. We collect information about how you use our Services, including your access time, browser type and language, and Internet Protocol (“IP”) address.
Information Collected by Cookies and Web Beacons. We use various technologies to collect information when you use our Services, including sending cookies to your computer or mobile device and using web beacons. Cookies are small data files that are stored on your hard drive or in device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity.
We may use information about you to provide, maintain, and improve our Services, such as:
Processing or recording payment transactions;
Displaying historical transaction or usage information;
Developing new products and Services; and
Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages.
We may use information about you to improve, personalize, and facilitate your use of our Services. For example, when you sign up for a Citizen Alert Account, we may associate certain information with your new account, such as information about other accounts you had or currently have with Citizen Alert, and prior transactions you made using our Services. We also may use information about you to measure, customize, and enhance our Services, including the design, content, and functionality of our applications and websites, or to track and analyze trends and usage in connection with our Services.
We may use information about you to send news and information, or to conduct surveys and collect feedback, about our Services and to communicate with you about products, services, contests, promotions, discounts, incentives, and rewards offered by us and select partners, based on your communication preferences and applicable law. We also may contact you to resolve disputes, collect fees, and provide assistance for problems with our Services or your Citizen Alert Account.
We may use information about you:
To protect our rights or property, or the security or integrity of our Services;
To enforce our General Terms or other applicable agreements or policies;
For any other purpose disclosed to you in connection with our Services.
We may share information about you as follows:
With our group companies, including our parent company, Citizen Alert, Inc., and other affiliates, for the purposes outlined above;
With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, and fee collection services), as well as financial institutions, payment networks, payment card associations, and other entities in connection with the payment process;
In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business;
If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process, or governmental request (e.g., from tax authorities), (ii) to enforce or comply with our General Terms or other applicable agreements or policies, (iii) to protect our rights or property, or the security or integrity of our Services, or (iv) to protect us, users of our Services or the public from harm or potentially prohibited or illegal activities; and
With your consent.
We also may share aggregated information with third parties that does not specifically identify you or any individual user of our Services.
You may access, change, or correct information about you by logging into your Citizen Alert account at any time or by making a request to us using the contact details below, in which case we may need to verify your identity before granting access or otherwise changing or correcting your information.
If you wish to deactivate your Citizen Alert Account, you may do so by logging into your Citizen Alert Account or by emailing us using the contact details provided below. Citizen Alert generally retains information about you only as long as reasonably necessary to provide you the Services. However, even after you deactivate your Citizen Alert Account, we may retain archived copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce our General Terms or other applicable agreements or policies, or to take any other actions consistent with applicable law.
In order to provide certain mobile applications, we may require location information, so if you do not consent to collection of this information, then you cannot use our corresponding Services. You can stop our collection of location information at any time by changing the preferences on your mobile device. If you do so, our mobile application will no longer function. You also may stop our collection of location information via mobile application by following the standard uninstall process to remove all Citizen Alert mobile applications from your device.
We try to make your experience with Citizen Alert simple and meaningful. When you access or use the Services, our web server may send a cookie to your computer or mobile device (as the case may be). Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Services and, as such, will last longer.
Remember that you have visited us or used the Services before. This means we can identify the number of unique visitors we receive, which allows us to make sure we have enough capacity to accommodate all of our users.
Customize elements of the promotional layout and/or content of our website or application.
Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users.
Some of the cookies used in the Services are set by us, and others are set by third parties who deliver services on our behalf.
Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.
You may opt out of receiving promotional messages from Citizen Alert by following the instructions in those messages, or by changing your notification settings by logging into your Citizen Alert Account. If you decide to opt out, we may still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.
Nevertheless, Citizen Alert cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information in our possession or under our control is compromised as a result of a security breach, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws or regulations.