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Terms And Conditions

The STAAR Alert Website; Acceptance of Terms of Use; Content-Specific Rules

 

1. Modifications; Denial of Access; Shutdown

2. Disclaimers; Limitation of Liability

3. Privacy Policy

4. User Content, Etc.

5. User Registration

6. Third Party Content

7. Downloaded Software

8. Copyright and Trademarks

9. Proprietary Rights as to Content

10. U.S. Copyright Infringement Claims

11. Indemnification and Release

12. Availability of Products/Services

13. Dispute Resolution

14. Severability

15. No Waiver

16. Headings

 

The STAAR Alert Website; Acceptance of Terms of Use; Content-Specific Rules

This website (“Website“) is offered to you by STAAR Alert (“STAAR Alert“), 3500 Main St., Munhall, PA 151201, U.S.A., Telephone 1-800-338-7114.

 

Your access to and use of this Website are subject to the Terms of Use set forth below (the “Terms of Use“). The Terms of Use may include particular rules regarding specific information or types of information contained on or available through this Website (the “Content“) and regarding specific information or types of information you may upload, submit and/or publish to the Website (“User Content”) or transactions conducted through this Website, any of which may be in addition to the below Terms of Use or, if and where expressly specified, may supersede the Terms of Use.

 

BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE AND ALL TERMS AND CONDITIONS CONTAINED OR REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS SET FORTH ON THIS WEBSITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT ACCESS OR USE THIS WEBSITE.

 

1. Modifications; Denial of Access; Shutdown

These Terms of Use may be amended by STAAR Alert at any time, any such amendments to be effective upon posting. You will be deemed to have accepted all amendments posted at any time you revisit this Website. You should regularly review these Terms of Use to become aware of changes to any applicable terms and conditions. If STAAR Alert or any of its affiliates establish any other websites, such websites may have their own different terms of use.

 

STAAR Alert reserves the right, at any time immediately and without notice and for any reason whatsoever at its sole discretion, (A) to discontinue this Website, (2) to make changes or updates to its Content, and (3) to restrict, refuse or terminate access of any person to this Website or any part thereof.

 

Without limiting the foregoing, STAAR Alert shall have the sole right to shut down the Website or any part thereof in STAAR Alert’s sole discretion for any reason or no reason at any time without notice or consent. STAAR Alert shall have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Website.

 

2. Disclaimers; Limitation of Liability

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. STAAR Alert AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither STAAR Alert nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (A) this Website will meet your requirements, (B) this Website will be uninterrupted, timely, secure, or error free, or (C) the results that may be obtained from the use of this Website (including any information and materials on this Website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

 

This is a public website. You should have no expectation of confidentiality with respect to any User Content you may submit on this Website. DO NOT SUBMIT CONFIDENTIAL INFORMATION HERE.

 

STAAR Alert and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that this Website or the services which make this Website available or electronic communications sent by STAAR Alert are free from viruses or any other harmful elements.

 

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IN NO EVENT SHALL STAAR Alert OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEBSITE, THE CONTENT OR THE USER CONTENT, EVEN IF STAAR Alert HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF STAAR Alert.

 

If you live in a country or state that does not allow some or all of the above disclaimers, exclusions or limitations of liability, such disclaimers, exclusions or limitations will not apply to you but only to the extent such disclaimers, exclusions or limitations are not allowed. In such case, such disclaimers, exclusions or limitations shall be allowed to the greatest extent permitted by applicable law.

 

3. Privacy Policy

Personal information provided or collected through or in connection with this Website shall only be used in accordance with, and are subject to, STAAR Alerts Privacy Policy and these Terms of Use (including amendments) as posted on this Website.

 

4. User Content, Etc.

You agree that you will not submit any User Content to this Website that will contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (A) may violate any legal rights of any person (including right to privacy or publicity), (B) are culturally, ethnically, or otherwise objectionable, (C) may be defamatory or injurious to another person or entity, (D) suggest or encourage any illegal activity, (E) may cause harm to any person or property or otherwise defame or harass any person or organization, or (F) are pornographic, obscene, profane, vulgar, indecent, or threatening.

 

Before submitting any User Content, you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features. You also shall not (A) interfere with or disrupt STAAR Alert’s sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on STAAR Alert’s infrastructure, (B) transmit chain letters, pyramid schemes, surveys and solicitations through this Website, or (C) forge headers or manipulate identifies or other data in order to disguise the origin of any Content and/or User Content transmitted through this Website or to manipulate your presence on this Website.

 

You affirm, represent and warrant that any User Content submitted by you to this Website does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation, and is not the subject of intellectual property right protection and may be used by any other contributor without compensation or attribution.

 

In consideration for STAAR Alert permitting you to submit User Content to this Website, you hereby grant to STAAR Alert, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Website or any other STAAR Alert website or in other STAAR Alert  marketing or public relations materials in any and all media.

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You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it, and STAAR Alert, its subsidiaries, affiliates, partners, licensors and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Website. STAAR Alert may, but is not obligated to, review and monitor User Content, before and/or after submitting User Content, provided you acknowledge that it is impossible for STAAR Alert to monitor or review all User Content.

 

NOTWITHSTANDING STAAR Alert’S PERMITTING ANY USER CONTENT TO BE POSTED ON THE WEBSITE, AND WHETHER OR NOT ANY SUCH USER CONTENT HAS BEEN REVIEWED BY STAAR Alert, STAAR Alert DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND STAAR Alert EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT.

 

STAAR Alert reserves the right, at any time without notice or consent and at its sole discretion, to edit or remove any User Content which STAAR Alert deems objectionable, improper or otherwise in breach of these Terms of Use for any reason, provided STAAR Alert shall have no obligation to do so. Any user who believes that submitted User Content is objectionable or improper is encouraged to call STAAR Alert immediately. Upon receipt of such notification, STAAR Alert will make reasonable efforts to take such action, if any, as it may deem appropriate within a reasonable period of time.

 

5. User Registration

Accessing certain areas of the Website and using certain of its features of the Website may require you to register as a contributor. Unless and until STAAR Alert amends these Terms of Use to provide otherwise, such registration is free of charge. When you register, you must choose a unique user name and password and provide a unique, valid, current and verifiable e-mail address. STAAR Alert then will send you a confirmation e-mail with your registered information. If that delivery fails for any reason, your access or use of Website features requiring registration may be refused or terminated. Also, STAAR Alert reserves the right to change your username or refuse or cancel your registration if you choose a user name that, in STAAR Alert’s sole discretion, is obscene, indecent, abusive or otherwise improper.

 

In case of any change to your registration information, you must update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to call STAAR Alertimmediately. STAAR Alert may, in its sole discretion, bar registration from any specific e-mail service or ISP.

 

6. Third Party Content

STAAR Alertshall not be liable or responsible in any way for any content of any site owned by a third party that may be linked to the Website via hyperlink, whether or not such hyperlink is provided by the Website or by a third party in accordance with the Terms of Use. Any link on STAAR Alert’s Website to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Website may link, and STAAR Alert takes no responsibility therefor.

 

7. Downloaded Software

Any software made available for downloading from or through this Website is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. STAAR Alert HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

 

8. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by STAAR Alert, its affiliates, subsidiaries and/or partners, the software to operate and publish this Website, the compilation of data on this Website, and the order, sequence and arrangement of this Website, all belong to STAAR Alert and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.

 

STAAR Alertis a registered trademark of Automated Security Alert, Inc., a corporation organized under the laws of the Commonwealth of Pennsylvania, U.S.A. STAAR Alert and all other registered trademarks of Automated Security Alert, Inc. and its affiliates are important assets of the company. Proper use of these trademarks is important and you should follow the instructions of STAAR Alert when referencing its products and services. The use and registration of the STAAR Alert name is exclusively reserved to Automated Security Alert, Inc. You may not register or use a company name, statutory name, trade name, domain name or other name, indication or description, of which the STAAR Alert name or any name similar thereto or any name which consists of a part of the STAAR Alert name forms part nor shall it include any other registered trademark owned by Automated Security Alert, Inc.

 

9. Proprietary Rights as to Content

This Website is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that should you submit User Content embodying any invention(s), such submission shall constitute a “publication” of such invention(s) under applicable patent laws.

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You acknowledge that any Content or User Content submitted and/or discussed on this Website may be the subject of patents, copyrights, trademarks and other intellectual property rights of STAAR Alert, its subsidiaries, affiliates, partners or third parties. Prior to exploiting any ideas, proposals, suggestions, or solutions or other Content or User Content submitted to this Website, you are obligated to, and agree that you will, undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

 

10. U.S. Copyright Infringement Claims

If you know or suspect that any of the materials on this Website (including by not limited to materials posted on any forum) have been used or copied in a way that constitutes copyright infringement, please send notice to STAAR Alert’s designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:

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1. A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;

5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

 

By Mail:

Vice President-Intellectual Property
STAAR Alert
3500 Main Street
Munhall, PA 15120
U.S.A.

 

By Fax:
Vice President-Intellectual Property
STAAR Alert
1-800-795-2735

 

The preceding information is provided exclusively for notifying STAAR Alert that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process. In an effort to protect the rights of copyright owners, STAAR Alert maintains a policy for the termination of access to the Site in the case of repeat infringers.

 

11. Indemnification and Release

You agree to indemnify and hold harmless STAAR Alert, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns (collectively, “STAAR Alert Parties”), from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Website or any violation of these Terms of Use by you. In the event of any complaint, governmental investigation or legal action arising from any message, or any other User Content posted by you, STAAR Alert reserves the right to reveal your identity and any other information STAAR Alert may have about you. If you have a dispute with one or more users, you release all STAAR Alert Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

12. Availability of Products/Services

This Website may contain references to specific products and services provided by STAAR Alert (or by suppliers to or partners of STAAR Alert) that may not be (reasonably) available at particular times and/or in particular locations. References to products or services does not imply or warrant that any such products or services shall be available at any particular time in any particular location. Please contact STAAR Alert for further information.

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13. Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A. You agree to the non-exclusive jurisdiction of the courts in the Commonwealth of Pennsylvania, U.S.A. for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Website, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of the Commonwealth of Pennsylvania, U.S.A.

 

14. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

 

15. No Waiver

No failure on the part of STAAR Alert to enforce any part of these Terms of Use shall constitute a waiver of any of STAAR Alert’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by STAAR Alert nor the reliance of any person on STAAR Alert’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of STAAR Alert shall have any legal effect whatsoever.

 

16. Headings

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

Thank you for visiting our Website.

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STAAR Alert

An Automated Security Alert, Inc.


Last Update: July, 28th 2017

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