PLEASE READ THESE TERMS OF USE CAREFULLY AND COMPLETELY BEFORE USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES (DEFINED BELOW). BY USING, REGISTERING FOR, OR SUBMITTING CONTENT (DEFINED BELOW) TO THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE, REGISTER FOR, OR SUBMIT CONTENT TO, THE SERVICES.
1. INTRODUCTION
These Terms of Use (collectively, the “Terms”) are between you and Genasys Inc. (“Genasys,” “we,” “us,” or “our”). These Terms govern your access to and use of all versions of Genasys’ protect.genasys.com website and software, and other Internet enabled or wireless means by which Genasys provides Content to you or receives Content from you, including, without limitation, downloadable, preloaded or remotely accessed software applications (including, without limitation, Genasys’ mobile applications, tablet applications, and personal computer applications), content submission services, chat rooms, message boards, text/SMS messaging services, email messaging services, alert products, and delivery of Genasys’ content to you at your request (“Services”) (by whatever name such Services may be known), and your use of all information, incident alerts, text, graphics, photos, maps, SMS, calls or other materials made available through the Services (the “Content”). By accessing or using the Services, you agree to be bound by these Terms.
For purposes of these Terms, “Services” do not, however, include: (a) websites, mobile websites, downloadable, preloaded, or remotely accessed software applications, content submission services, chat rooms, message boards, text/SMS messaging services, email messaging services, and alert products made available by Genasys that are not intended for consumer or public use and have separate terms and conditions, or (b) any other products or services of Genasys.
BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the Services and access any Content, you represent that: you reside in the United States, and any registration and account information that you submit to Genasys is true, accurate, and complete, and you agree to keep it that way at all times.
2. BINDING CONTRACT
These Terms are a contract between you and Genasys Inc., a Delaware corporation doing business at 16262 West Bernardo Drive, San Diego, California USA and its affiliates and subsidiaries. Other than as expressly stated herein, there are no third-party beneficiaries of this contract. You represent to Genasys that you have read, understood, and expressly agree to be bound by these Terms and the provisions included or referenced herein, whether you have created an account with Genasys (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access the Services offered directly or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Services). If you do not agree to these Terms, you may not use the Services.
3. YOUR USE OF THE SERVICES
You may need to create an account to use all or part of the Services. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account. Genasys may reclaim, or require you to change, your username for any reason.
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Services and the Content. This access shall remain in effect unless and until terminated by you or Genasys. You agree that you will not redistribute or transfer the Service or the Content in any manner.
Genasys’ software applications and the Content are licensed, not sold or transferred to you, and Genasys and its licensors retain ownership of all copies of its software applications and Content at all times during your use of the Services.
You agree to use the Services for lawful purposes only. You agree not to post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable laws, rules, or regulations, whether federal, state, local, foreign or international. You agree not to use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services competitive with the Services. You agree not to (a) impersonate any person or entity, or otherwise misrepresent your affiliation; (b) manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information; (c) alter or delete information not provided by you, interfere with the operation of the Services, or upload, post, email, transmit, link to or otherwise make available any content that contains any virus, worm, computer code, file, or other material intended to cause the interruption, destruction, theft or loss of functionality of any Services, software, data, equipment, or means of communications; (d) attempt to gain access to confidential information to which you are not entitled; (e) modify, reverse engineer, reverse assemble, decompile or hack into any of the systems or software used by any Services; (f) monitor any information in or related to the Services for any unauthorized or commercial purpose; or (g) access, monitor or copy, or permit another person or entity to access, monitor or copy, the Services using so-called bots, spiders, scrapers or other automated means or manual processes without Genasys’ express written permission. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the Services is not permitted. You agree not to use the Services, the Content, or any part thereof in any manner not expressly permitted by these Terms.
You are solely responsible for obtaining and maintaining all devices, communications means, computer software or hardware and other equipment needed to access and use the Services and all charges related thereto. For certain Services which are software applications, from time to time we may require the update of the Services on your device when a new version of the Services becomes available. Updates may occur automatically or through other means, or you may be required to download updates before continuing to use the Services. Notwithstanding the foregoing, we have no obligation to make available to you any updates or new versions of the Services.
If you sign up to receive alerts, notifications or other communications through the Services, you expressly consent to receiving such communications in the form of telephone calls, text messages, push alerts, in-app messages, pop-up messages, and e-mails, as applicable, to the contact points provided through the Services, and in the case of telephone calls and text messages, you expressly consent to receiving calls that use an automatic telephone dialing system and pre-recorded or artificial voice messages. You acknowledge and agree that certain communications are advertising-supported services, and you consent to receive advertising in such communications.
Proprietary rights
The Services and the Content are the property of Genasys or its licensors. All trademarks, service marks, trade names, logos, domain names, and any other features of the Genasys brand are the sole property of Genasys or its licensors. These Terms do not grant you any rights to use any Genasys brand features whether for commercial or non-commercial use.
Export control and sanctions
Certain of our products and services are subject to trade control laws, including the export control and economic sanctions laws of the United States, the European Union, the United Kingdom and other jurisdictions, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), the International Traffic in Arms Regulations maintained by the U.S. Department of State, Regulation 2021/821 as amended (EU Dual-Use Regulation), the UK Export Control Act 2002 and the UK Export Control Order 2008 (collectively, “Trade Control Laws”). You represent and warrant that you are (1) not located in, organized under the laws of, or ordinarily resident in any country or territory subject to territorial sanctions (“Sanctioned Country”), nor are you owned by or acting on behalf of a Government subject to asset-blocking sanctions or any person or entity organized, located or ordinarily resident in a Sanctioned Country; and (2) not a person identified on, or more than 50% owned or controlled, directly or indirectly, by or acting on behalf or at the direction of any entity identified on, U.S., E.U., U.K., or other applicable government restricted party lists, such as the Specially Designated Nationals List maintained by OFAC, the Consolidated list of persons, groups and entities subject to EU financial sanctions, or the UK Consolidated List.
You agree to comply with all applicable Trade Control Laws in your use of the Services. Specifically, you agree not to, directly or indirectly, use, sell, supply, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Genasys under these Terms to any destination, entity, or person or for any end use prohibited by applicable Trade Controls Laws. Genasys shall not be required to act in any way that is prohibited under applicable Trade Control Laws, and it shall be in the sole discretion of Genasys to refrain from being directly or indirectly involved in the provision of products or services that may be prohibited under applicable Trade Control Laws.
4. CONTENT AND USE OF THE SERVICES
All Content provided on through the Services comes from Genasys and local emergency services providers, including Fire, Police, and Community Managers. Genasys assumes no liability for any errors, omissions, timeliness, or completeness in the Content; and assumes no liability for any decisions made or actions taken or not taken by any user of the Content.
You may not do any of the following while accessing or using the Services or the Content:
- attempt to access or search the Services or Content or download Content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like)
- collect or store any personally identifiable information from other users of the Services without their express permission.
5. PRIVACY
By using any of the Services or by agreeing to these Terms, you are also agreeing to the terms of Genasys’ Privacy Policy (located at genasys.com/privacy/) and the collection, use, sharing and storage of information as described therein, including without limitation your personal or personally identifiable information.
6. GENASYS RIGHTS
All right, title, and interest in and to the Services and the Content are and will remain the exclusive property of Genasys and its licensors. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Genasys, the Services or the Content is provided by you entirely voluntary, and that we will be free to use it as we see fit and without any obligation to you, even after you cease using or participating in the Services.
7. SUSPENSION OR TERMINATION
The Terms will continue to apply until terminated by either you or Genasys as set forth below.
Termination of Services by You
You may end your legal agreement with Genasys at any time for any reason by contacting us and discontinuing your use of the Services
Suspension or Termination of Services by Genasys
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (1) you have violated these Terms; (2) you create risk or possible legal exposure for us; or (3) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
8. WARRANTIES, DISCLAIMERS, & LIMITATIONS OF LIABILITY
Warranty disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, GENASYS AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER GENASYS NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICES OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, GENASYS MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY (INCLUDING ANY GOVERNMENTAL ENTITY) ON OR THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, AND GENASYS IS NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM GENASYS SHALL CREATE ANY WARRANTY ON BEHALF OF GENASYS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. GENASYS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR RELIABILITY OF ANY LOCATION DATA OR LOCATION CAPABILITIES OF THE SERVICES. YOU SHOULD BE CAUTIOUS WHEN SHARING LOCATION INFORMATION WITH OTHERS.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
No responsibilty for third party links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Genasys or any of its partners.
Limitation of liability
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL ANY GENASYS SOFTWARE AND TO STOP USING THE SERVICES. YOU AGREE THAT GENASYS HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO GENASYS, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
To the maximum extent permitted by applicable law, Genasys, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors (collectively, the “Genasys Entities”) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other tangible or intangible losses, arising out of or related to: (1) your access to or use of or inability to access or use the Services or Content; (2) any Content obtained from the Services; or (3) unauthorized access, use, or alteration of your transmissions or content. To the maximum extent permitted by applicable law, Genasys shall not be liable for any death, bodily harm, or property damage arising from your use of or reliance on the Services or Content. For clarification, these Terms do not limit Genasys’ liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
Statute of limitations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Connectivity & locational limitations
Due to the potential for service interruptions, outages, or poor connections on phone lines, internet service providers, or mobile carriers, or other communication systems, your connection to our Services is not guaranteed. Genasys will have no liability to you or any other party if your mobile device is out of the service area of the network provider, if service interruptions, outages, or failures of your telephone, mobile, or data service occur or for any other reason you are unable to connect to and use the Services.
9. INDEMNITY
You will indemnify and hold harmless the Genasys Entities from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses (including, without limitation, reasonable legal and accounting fees) arising out of or in any way connected with (a) your access to, use of, or reliance on the Content or Services; (b) your conduct with respect to any other users, including in connection with any public incidents on the Services; (c) the Content you add to the Service; or (d) your violation of these Terms.
10. GOVERNING LAW & DISPUTE RESOLUTION
These Terms and the relationship between you and Genasys will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You and Genasys agree to submit to the exclusive jurisdiction of the courts located in San Diego County, California to resolve any dispute arising out of the Agreement or the Services.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
11. NOTICES
You agree that any notices Genasys may be required by applicable law to send to you will be effective upon our sending an email message to the email address associated with your account or publishing such notices through the Service.
These Services are operated and provided by Genasys Inc., a Delaware corporation doing business at 16262 West Bernardo Drive, San Diego, California USA. you have any questions about these Terms, please contact us on support@genasys.com
12. ABOUT THESE TERMS
Changes to Services or Terms
From time to time, we may make changes to these Terms. They will be effective after posting notice of such changes on the Genasys website (www.genasys.com). The most current version of the Terms will always be available on the Genasys website. If you do not agree to any change(s) after reviewing such change(s), stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Genasys, these Terms constitute all the terms and conditions agreed upon between you and Genasys and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the Services are incorporated herein by reference, including the Genasys Privacy Policy.
Severability and waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Genasys or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Genasys’ or the applicable third-party beneficiary’s right to do so.
Assignment
Genasys may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.