Terms & Conditions
Please read the following carefully before you download the SHEPHERD SHIELD TM App (ìthe Appî) from the Apple Store, Google Play, or any other app store.
BY DOWNLOADING AND USING THE APP, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS AND THIS MEANS YOU ARE AGREEING TO THE FOLLOWING:
YOU AGREE TO BE RESPONSIBLE FOR COMPLYING WITH ANY TERMS BETWEEN YOU AND THE APP STORE YOU USE TO DOWNLOAD THE SHEPHERD SHIELDTM APP. THE APP AND ANY CONTENT ACCOMPANYING THE APP IS THE PROPERTY OF SECURITY SERVICES NW, INC. AND ITS LICENSORS (ìSSNWî, we, us).
YOU UNDERSTAND AND AGREE THAT THE SHEPHERD SHIELDTM APP IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION AND DATA PROVIDED BY THE APP IS BASED ON REPORTING FROM A VARIETY OF SOURCES, INCLUDING PUBLICLY AVAILABLE DATABASES AND USERS LIKE YOU. SSNW MAKES EVERY REASONABLE EFFORT TO ENSURE THE ACCURACY OF THE INFORMATION AND DATA PROVIDED BY THE APP, BUT MAKES NO GUARANTEES THAT THE INFORMATION AND DATA IS ACCURATE. THE INFORMATION AND DATA PROVIDED BY THE APP SHOULD NOT BE USED AS A SUBSTITUTE FOR INFORMATION PROVIDED BY LAW ENFORCEMENT AND OTHER PUBLIC OFFICIALS. SSNW DOES NOT ENCOURAGE USERS TO TAKE ANY PARTICULAR ACTION IN RESPONSE TO ANY OF THE INFORMATION OR DATA PROVIDED BY THE APP AND IS NOT RESPONSIBLE FOR ANY ACTION TAKEN OR CAUSED BY USERS, OR ANY LOSS, INJURY, OR DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY SUCH ACTION, IN RESPONSE TO THE INFORMATION OR DATA PROVIDED BY THE APP.
YOU UNDERSTAND AND AGREE THAT THAT YOU ARE FULLY RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION OR DATA THAT YOU UPLOAD OR PROVIDE TO THE SHEPHERD SHIELDTM APP AND THAT YOU WILL TAKE ALL REASONABLE EFFORTS TO ENSURE THE ACCURACY OF ANY INFORMATION OR DATA THAT YOU UPLOAD OR PROVIDE TO THE APP PRIOR TO UPLOADING OR PROVIDING THE DATA OR INFORMATION. ANY FALSE REPORTING OF DATA OR INFORMATION BY YOU OR UPLOADING OR PROVISION BY YOU OF DATA OR INFORMATION THAT IS KNOWN TO YOU TO BE INACCURATE, OR FOR WHICH YOU HAVE NOT TAKEN REASONABLE EFFORTS TO ENSURE THE ACCURACY THEREOF, MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE APP AND/OR LEGAL ACTION AGAINST YOU.
THE SHEPHERD SHIELDTM APP MAY BE USED TO MAKE EMERGENCY CALLS, INCLUDING 911 CALLS. YOUR ABILITY TO MAKE EMERGENCY CALLS FROM THE APP DEPENDS ON YOUR DEVICEíS ABILITY TO ACCESS CELLULAR TELEPHONE SERVICE AND THE AVAILABILITY OF CELLULAR TELEPHONE SERVICE AT YOUR LOCATION. IN THE EVENT THAT YOUR DEVICE IS NOT ABLE TO ACCESS CELLULAR TELEPHONE SERVICE OR THAT CELLULAR TELEPHONE SERVICE IS NOT AVAILABLE, YOU WILL NOT BE ABLE TO MAKE EMERGENCY CALLS, INCLUDING CALLS TO 911. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER YOUR DEVICE IS ABLE TO ACCESS CELLULAR TELEPHONE SERVICE AND WHETHER CELLULAR TELEPHONE SERVICE IS AVAILABLE AT ALL TIMES THAT YOU ARE USING THE APP. WE STRONGLY RECOMMEND THAT YOU HAVE AN ALTERNATIVE TELEPHONE SERVICE, EITHER WIRELESS OR WIRED (E.G., LANDLINE), THAT IS CAPABLE OF SUPPORTING EMERGENCY CALLS, INCLUDING CALLS TO 911, AND THAT IS AVAILABLE AT ALL TIME IN CASE OF AN EMERGENCY. YOU FURTHER ACKNOWLEDGE THAT ANY EMERGENCY CALLS, INCLUDING CALLS TO 911, MADE FROM THE APP ON YOUR DEVICE ARE SOLELY YOUR RESPONSIBILITY AND NOT THE RESPONSIBILITY OF SSNW.
NO PERSON UNDER THE AGE OF 13 MAY USE THE APP WITHOUT THE CONSENT OF THEIR PARENT OR LEGAL GUARDIAN. WE STRONGLY ENCOURAGE ALL PARENTS AND GUARDIANS TO MONITOR THEIR CHILDRENíS MOBILE DEVICE AND INTERNET USE. USE OF THE APP BY ANY USER SHALL BE DEEMED TO BE A REPRESENTATION THAT THE USER IS 13 YEARS OF AGE OR OLDER.
YOU ARE LIABLE FOR ANY THIRD PARTY CONTENT YOU USE, PROVIDE, OR UPLOAD IN CONNECTION WITH YOUR USE OF THE APP, AND YOU ARE RESPONSIBLE FOR ENSURING YOU HAVE PERMISSION TO USE, PROVIDE, OR UPLOAD SUCH THIRD PARTY CONTENT.
YOU WILL REIMBURSE US IF WE SUFFER ANY LOSS BECAUSE THE INFORMATION OR DATA THAT YOU USE, UPLOAD OR PROVIDE IN CONNECTION WITH THE SHEPHERD SHIELD TMAPP INFRINGES ANYONE ELSE'S INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE CONTAINS UNLAWFUL OR INAPPROPRIATE MATERIAL(S) OR MATERIAL(S) THAT IS IN VIOLATION OF OUR CONTENT STANDARDS.
WE CAN SUSPEND OR TERMINATE THIS LICENSE AND YOUR RIGHT TO USE THE SHEPHERD SHIELDTM APP IF YOU BREACH THESE LICENSE TERMS OR ENGAGE IN CONDUCT WE DEEM INAPPROPRIATE IN OUR SOLE DISCRETION.
IN ADDITION TO THE FOREGOING, YOU FURTHER AGREE TO THE FOLLOWING:
1. Conduct of Users
You agree that you will not:
transmit via the App any material that is or which we consider to be unlawful, harmful, threatening, or otherwise objectionable;
attempt to transmit any ìvirus,î ìtrojan horse,î or other software destruction or disruption device;
intentionally or unintentionally violate any applicable local, state, national or international law while accessing or using the App;
invade the privacy of any individual or violate any personal or proprietary rights (including intellectual property rights);
rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the SHEPHERD SHIELDTM App or any affiliated software or documents;
make alterations to, or modifications of, the whole or any part of any SHEPHERD SHIELDTM App, nor permit any part of the SHEPHERD SHIELDTM App to be combined with, or become incorporated in, any other programs; and
disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the SHEPHERD SHIELDTM App.
2. Intellectual property rights
You acknowledge that all intellectual property rights in the App anywhere in the world belong to us, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with these Terms and Conditions.
We are not responsible for the content of any unaffiliated websites that may be linked to or from the App. These links are provided for your convenience only and you access them at your own risk. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by us of that third party or of any product or service provided by a third party.
4. Exclusion of Warranties
The App is provided to you on an "as is" basis. We do not warrant or provide any guarantees that your access or use of the App will be uninterrupted or error-free or that defects will be corrected.
5. Limitation of liability
We are not responsible or liable for any special, incidental, consequential, punitive or other indirect damages that result from the use of, or the inability to use, the App or the information contained on the App.
You agree to indemnify and hold us (and our officers, directors, agents, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind, including reasonable attorneys' fees, costs, expenses or damages relating to defending a claim related to a breach of these Terms and Conditions.
Nothing in these Terms and Conditions shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable U.S. state or federal law.
We may, in our sole discretion, suspend or terminate your access to all or part of the App, for any reason, including without limitation, breach of these Terms and Conditions. In the event these Terms and conditions are terminated, the restrictions regarding content appearing on the App, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms and Conditions will survive termination.
7. Dispute Resolution
Claims relating to, including the use of, the App and the materials contained herein are governed by the laws of the United States and the State of Washington. You agree that the federal and state courts of the State of Washington will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these Terms and Conditions. You expressly submit and consent in advance to such jurisdiction, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens.
We reserve the right to change these Terms and Conditions from time to time, at our sole discretion. If we make changes, we will notify you by revising the date at the top of these Terms and Conditions, and all changes will be effective as of that date. You agree to be bound by any such modifications or revisions. Your continued use of the App means that you accept and agree to the changes.
9. Additional Terms
We may transfer our rights and obligations under these Terms and Conditions to another organization, but this will not affect your rights or our obligations under these Terms and Conditions.
You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to the transfer in writing.
If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
Each of the terms and conditions of these Terms and Conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.