(Last Updated December 1, 2017)
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/terms (. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple app store:
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 Sourced Application 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 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.
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.
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.
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).
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.
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).
The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and you.
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.
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, email@example.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.
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.
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.