TERMS OF USE

(Last Updated December 1, 2017)

Bold Guarding, Inc., a Delaware corporation ("Company," "we," "us" or "our") offers to its customers ("Customer," "you" or "your") a software application service ("Software") via its website at https://www.bannerman.com ("Website") or a mobile application provided by third-party providers ("Application") for purposes of scheduling, tracking and managing Company's security and guarding services ("Security Services"). The Software, Website, and Application together are the "Company Properties." These Terms of Use are entered into by and between Company and you, either individually or on behalf of the user you may represent ("User" or "you"). These Terms of Use, along with any documents they expressly incorporate by reference or any other terms or rules that Company may post on the Website, through the Application, or presented as part of the Software, govern any and all use of Company Properties. Please read these Terms of Use carefully as they define your legal rights and obligations.

BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, WEBSITE OR APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER AND TO BIND THAT COMPANY TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, YOU HAVE NO RIGHT TO USE AND MUST NOT USE THE SOFTWARE, WEBSITE, OR APPLCIATION, AND YOU SHOULD STOP ANY SUCH DOWNLOAD, ACCESS, INSTALLATION, OR USE IMMEDIATELY.

  • CHANGES TO THESE TERMS OF USE

    THESE TERMS OF USE ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of these Terms of Use available at or within the Company Properties. Company will also update the “Last Updated” date at the top of these Terms of Use. If we make any material changes, and you have registered with us to create an Account (asdefined in Section4.0 below), we will also send an e‐mail to you at the last e‐mail address you provided to us pursuant to these Terms of Use. Any changes to these Terms of Use will be effective immediately for new Users of the Company Properties and will be effective thirty (30)days after posting notice of such changes on the Website for existing Users, provided that any material changes will be effective for Users who have an Account with us upon the earlier of thirty (30)days after posting notice of such changes on the Website or thirty (30)days after dispatch of an e‐mail notice of such changes to Registered Users (defined in Section4.1 below). Company may require you to provide consent to the updated Terms of Use in a specified manner before further use of Company Properties is permitted. If you do not agree to any changeafter receiving a notice of such change, you must stop using Company Properties. Otherwise, your continued use of any of the Company Properties constitutes your acceptance of such change.PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN‐CURRENT TERMS.

  • TERMS OF SERVICE

    Company is in the business of providing a full range of Security Services via an online marketplace available on the Website or the Application. The Security Services can be booked, tracked, and managed with the Software. Use of the Security Services is subject to the Company's Terms and Conditions for Security Services https://www.bannerman.com/policy/terms-conditions (. Use of the Company Properties does not guarantee that Security Services will be provided or that a booking request will be fulfilled at the level requested.

  • USE OF COMPANY PROPERTIES

    Company Properties and the information and content available on Company Properties are protected by intellectual property laws throughout the world. Subject to these Terms of Use, Company grants you a limited license to reproduce portions of Company Properties for the sole purpose of your personal or business use of the Company Properties. Unless otherwise specified by Company in a separate license, your right to use any Company Properties is subject to these Terms of Use.

    1. Application License

      Subject to your compliance with these Terms of Use, Company grants you a limited non‐ exclusive, non‐transferable, non‐sublicensable, revocable license to download, install, and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or business use. Furthermore, with respect to any Application accessed through or downloaded from the Apple app store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple‐branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple app store terms of service.

    2. Certain Restrictions

      The rights granted to you in these Terms of Use are subject to the following restrictions. Users will not: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Company Properties or any portion of Company Properties, including the Website; (b) frame or utilize framing techniques to enclose any trademark, logo, or other portion of Company Properties (including images, text, page layout or form); (c) use any metatags or other “hidden text” using Company's name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of Company Properties in any form or by any means; and (h) remove or destroy any copyright notices or other proprietary markings contained on or in Company Properties. Any future release, update, or other addition to Company Properties will be subject to these Terms of Use. Company, its affiliates, and its third party providers reserve all rights not granted in these Terms of Use. Any unauthorized use of Company Properties terminates the licenses granted by Company pursuant to these Terms of Use.

  • REGISTRATION

    • Registering Your Account

      To access certain features of Company Properties you will be required to become a Registered User. For purposes of these Terms of Use, a “Registered User” is a User who has registered an account on the Website or through the Application (“Account”).

    • Registration Data

      In creating an Account, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18+) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. As a User, you are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Company immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account at any given time. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any Company Properties.

  • RESPONSIBILITY FOR CONTENT

    • Types of Content

      You acknowledge that all information, data, text, images, or other materials accessible through the Company Properties (“Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, post, e‐mail, transmit or otherwise make available (“Make Available”) through Company Properties (“Your Content”) including its legality, reliability, accuracy, and appropriateness, and other Users of Company Properties, and not Company, are similarly responsible for all Content they Make Available through Company Properties (“Other User Content”). You agree that you will not make available any Content that contains nudity, violence, sexually explicit, or offensive subject matter.

    • No Obligation to Pre-Screen Content

      You acknowledge that Company has no obligation to pre‐ screen Content (including, but not limited to, Your Content and Other User Content), although Company reserves the right in its sole discretion to pre‐screen, refuse or remove any Content. By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Company pre‐screens, refuses, or removes any Content, you acknowledge that Company will do so for Company's benefit, not yours. Without limiting the foregoing, Company will have the right to remove any Content that violates these Terms of Use or is otherwise objectionable.

  • OWNERSHIP

    • Company Properties

      Except with respect to Your Content and Other User Content, you agree that Company and its suppliers own all right, title, and interest in Company Properties. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Company Properties.

    • Trademarks

      Company's stylized name and other related graphics, logos, service marks and trade names used on or in connection with Company Properties are the property of Company and may not be used in connection with any third‐party products or services without Company's express written permission. Other trademarks, service marks, and trade names that may appear on or in Company Properties are the property of their respective owners.

    • Other Content

      Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Company Properties.

    • Your Content

      Company does not claim ownership of Your Content. However, when you as a User make available Your Content on or in Company Properties, you represent that you own or have a perpetual right or license to use, license, reproduce, modify, adapt, publish, disclose, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or later developed.

    • License to Your Content

      Subject to any applicable account settings that you select, you grant Company a fully paid, royalty‐free, perpetual, irrevocable, worldwide, non‐exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Company Properties to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights or validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Company, are responsible for all of Your Content that you Make Available on or in Company Properties, including its legality, reliability, accuracy, and appropriateness.

    • Your Account

      Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Company.

    • Feedback

      You agree that submission of any ideas, suggestions, documents, or proposals to Company (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty‐free, perpetual, irrevocable, worldwide, non‐exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re‐format, create derivative works of, and otherwise commercially or non‐commercially exploit in any manner, any and all Feedback in connection with the operation and maintenance of Company Properties.When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. You are solely responsible for your interactions with other Users of Company Properties and any other parties with whom you interact through Company Properties. neither company nor its affiliates or third party providers is responsible for the conduct, whether online or offline, of any user of the services. company and its third party providers will not be liable for any claim, injury, or damage arising in connection with your use of company properties.

    • Review

      The Company Properties may in the future host Client reviews or ratings of Guards, which are user generated content. Such reviews or ratings are Client opinions, are not the opinion of Company, and have not been verified by Company. You agree that Company is not liable for any reviews or ratings.

  • INVESTIGATIONS

    Company may, but is not obligated to, monitor or review Company Properties and Content at any time.Without limiting the foregoing, Company will have the right, in its sole discretion, to remove any of YourContent for any reason (or no reason), including if such Content violates these Terms of Use or any applicable law. Although Company does not generally monitor User activity occurring in connection with CompanyProperties or Content, if Company becomes aware of any possible violations by you of any provision of these Terms of Use, Company reserves the right to investigate such violations, and Company may, at its sole discretion, immediately terminate your right to use Company Properties, or change, alter or removeYour Content, in whole or in part, without prior notice to you.

  • APP STORES

    You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores. You acknowledge that these Terms of Use are between you and Company and not with the provider of an appstore. Company, not the provider of an app store, is solely responsible for Company Properties, including the content and maintenance thereof, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the app store from which you download the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., any appstore's terms and policies).

  • ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES

    The following applies to any App Store Sourced Application accessed through or downloaded from theApple app store: You acknowledge and agree that (i) these Terms of Use are concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple appstore terms of service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company. You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store SourcedApplication or your possession and use of the App Store Sourced Application, including, but not limited to:(i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Company acknowledge that, in the event of any third-party claim that the App Store SourcedApplication or your possession and use of that App Store Sourced Application infringes that third partyʼs intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and Company acknowledge and agree that Apple, and Appleʼs subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right(and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms of Use, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

  • INDEMNFICATION

    You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneysʼ fees) relating to or arising out of: (a) yourContent; (b) your use of, or inability to use, Company Properties; (c) your violation of these Terms ofUse; (d)your violation of any rights of another party, including any Users; or(e) your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms of Use or your access to Company Properties.

  • DISCLAIMER OF WARRANTIES

    • As-Is

      YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‐ INFRINGEMENT.

      COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; OR (2) YOUR USE OF COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR‐FREE.

    • No Liability for Conduct of Other Users

      YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF OTHER USERS, AND THAT THE RISK OF ANY INJURY RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF COMPANY PROPERTIES. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF COMPANY PROPERTIES EXCEPT AS SET FORTH IN SECTION 11.1. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF COMPANY PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF COMPANY PROPERTIES.

  • LIMITATION OF LIABILITY

    • Disclaimer of Certain Damages

      You understand and agree that in no event will company parties be liable for any loss of use, data, or profits, or indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with company properties, whether or not company has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the terms, or from any communications, interactions or meetings with other users of company properties, on any theory of liability, resulting from: (1) the use or inability to use company properties; (2) unauthorized access to or alteration of your transmissions or data; (3) statements or conduct of any third party on company properties; (4) any other matter related to company properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.

    • cap on liability

      Under no circumstances will company parties be liable to you for more than the amount received by company as a result of your use of company properties during the six month period preceding the date on which your claim against company parties arose. If you have not paid company any amounts during such period, company's sole and exclusive liability will be limited to fifty dollars ($50).

    • exclusion of damages

      Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

    • user content

      Company parties assume no responsibility for the timeliness, deletion, or failure to store any content (including, but not limited to, your content and user content).

    • basis of the bargain

      The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and you.

    • Termination and Suspension

      Company may terminate or suspend your right to use Company Properties at any time for any or no reason by providing you with written or e-mail notice of such termination, and termination will be effective immediately upon delivery of such notice. Without limitation, Company may terminate or suspend your right to use Company Properties if you breach any provision of these Terms of Use or any policy of Company posted through Company Properties from time to time; if Company otherwise finds that you have engaged in inappropriate and/or offensive behavior; if Company believes you are creating problems or possible legal liabilities; if Company believes such action will improve the security of our community or reduce another User's exposure to financial liabilities; if Company believes you are infringing the rights of third parties; if Company believes you are acting inconsistently with the spirit of these Terms of Use; if despite our reasonable endeavors, Company is unable to verify or authenticate any information you provide; or if you fail to pay all fees due for our Services by the payment due date. In addition to terminating or suspending your Account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Services is terminated or suspended, these Terms of Use will remain enforceable against you.

  • REMEDIES

    • Violations

      If Company becomes aware of any possible violations by you of these Terms of Use, Company reserves the right to investigate such violations. If, as a result of the investigation, Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Company Properties, including Your Content, in Company's possession in connection with your use of Company Properties, to (1)comply with applicable laws, legal process or governmental request; (2)enforce these Terms of Use; (3)protect the rights, property or personal safety of Company, its Users or the public, and all enforcement or other government officials, as Company in its sole discretion believes to be necessary or appropriate.

    • Breach

      In the event that Company determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for Company Properties, Company reserves the right to: notify you via e‐mail (to any e‐mail address you have provided to Company)that you have violated these Terms of Use; delete any of Your Content provided by you or your agent(s)to Company Properties; discontinue your registration(s)with any of Company Properties; notify, send Content to, or fully cooperate with the proper law enforcement authorities for further action; and pursue any other action which Company deems to be appropriate.

    • No Subsequent Registration

      If your registration(s)with or ability to access Company Properties, or any other Company community is discontinued by Company due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the community, then you agree that you will not attempt to re‐register with or access Company Properties or any Company community through use of a different user name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Company Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

  • GENERAL PROVISIONS

    • Electronic Communications

      The communications between you and Company use electronic means, whether you visit Company Properties or send Company e‐mails, or whether Company posts notices on Company Properties or communicates with you via e‐mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

    • Release

      You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Company Properties, including but not limited to, any interactions with or conduct of other Users or third‐party websites of any kind arising in connection with or as a result of these Terms of Use or your use of Company Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

    • Assignment

      These Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

    • Questions, Complaints, Claims

      If you have any questions, complaints or claims with respect to Company Properties, please contact us at: Bold Guarding, Inc., 292 Townsend Street, San Francisco, CA 94107; 888‐788‐2547, info@bannerman.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

    • Limitations Period

      YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR COMPANY PROPERTIES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    • Governing Law

      These Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The exclusive venue and jurisdiction for any and all disputes, claims, and controversies arising from or relating to these Terms of Use will be the state courts located in San Francisco County, California or the federal district courts located in the Northern District of California.

    • Notice

      Where Company requires that you provide an e‐mail address, you are responsible for providing Company with your most current e‐mail address. In the event that the last e‐mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms of Use, Company's dispatch of the e‐mail containing such notice will nonetheless constitute effective notice. You may give notices to Company at the following address: Bold Guarding, Inc. , 292 Townsend Street, San Francisco, CA 94107; legal@bannerman.com. Such notice will be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

    • Waiver

      Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    • Severability

      If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

    • Export Control

      You may not use, export, import, or transfer Company Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Company Properties, and any other applicable laws. In particular, but without limitation, Company Properties may not be exported or re‐exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using Company Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Company Properties for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re‐export, or transfer Company products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.

    • Consumer Complaints

      In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800)952‐5210.

    • Entire Agreement

      These Terms of Use, as they may be updated from time to time, are the final, complete and exclusive agreement of the parties with respect to access to and use of Company Properties. Use of the Security Services is subject to the Company's Terms and Conditions for Security Services https://www.bannerman.com/policy/terms-conditions.

END TERMS OF USE