VideoProtects® Video Event Monitoring Service Terms Of Use

Last Updated: March 10, 2021.

J.J. Keller & Associates, Inc. (“VideoProtects,” “we”, “us”, “our”) appreciates your interest in the VideoProtects® Video Event Monitoring Service. By using any websites that link to these terms of use or using the VideoProtects® Video Event Monitoring Service (collectively, the “Sites” or “Services”), you agree to abide by the terms of use set forth hereafter (“Terms”). If you do not agree to abide by these Terms, do not use our Sites or Services. PLEASE CAREFULLY REVIEW ALL OF THESE TERMS BEFORE ACCESSING THE SITES OR USING OUR SERVICES.You and your employer, or the organization to which you are associated (collectively, “you,” “your”), are bound by the Terms.

Addendums

If VideoProtects and you, or you on behalf of your employer or organization, or another individual who has acted on behalf of your employer or organization, have manually executed a Commercial Use License Addendum or other addendum or agreement governing use of VideoProtects’ Services (“Addendums”), the terms of those applicable Addendums are incorporated herein by reference. In the event of any conflict or inconsistency between these Terms and any Addendum, the terms of the Addendum shall control.

Licenses

  1. Limited Site License.Subject to compliance with these Terms, VideoProtects grants you a limited, royalty-free, non-exclusive, nontransferable and revocable license to access, use, and place orders through the Sites. Any other use is strictly prohibited. If Content (as defined in Ownership Section) downloaded from our Sites contains copyright or other proprietary notices, you must retain such notices on any and all copies of the Content. You may not use any data mining programs, robots or other data gathering tools in connection with the Sites except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file or web services/RSS/Atom clients behaving in VideoProtects’ best interest. You may not modify, reproduce, copy, republish, re-post, transmit, hyperlink, merge, publicly display or distribute any Content for any public or commercial purpose. VideoProtects expressly reserves all rights not expressly granted herein. Any unauthorized use of the Sites shall immediately terminate the limited license granted by VideoProtects.
  2. Service License.Subject to compliance with these Terms as well as the licensing requirements and limitations pertaining to the particular Services described in the pertinent Service License subsection, VideoProtects grants you a nonexclusive, nontransferable, revocable, non-assignable, limited license to access and use our Services (“Service License”). This Service License is meant to provide access to the Service for which you or your designee have registered for that individual’s use within your organization. Therefore, such use is solely for use by the individual user identified in the Registration Information. You may not, and you may not permit others to, use Service to prepare work products, services, or reports for any party outside of your organization unless you have a Commercial Use License Addendum which gives you these rights.

Eligibility/Permission to Register

To use our Services, you must be at least 18 years old or the age of majority in the state in which you reside. If you are providing personal information on an individual user’s behalf, you represent and warrant that you have permission from that individual to do so and they will comply with these requirements. Registration binds the individual registrant (“Member”) and the Member’s associated organization to these Terms.

Registration Information

By accessing and registering to use our Sites or Services you agree to provide accurate, current and complete information about the Member as prompted by the registration form and to keep the Registration Information accurate, current and complete. If Registration Information is not accurate, current or complete, or if VideoProtects has reasonable grounds to suspect that such information is not accurate, current or complete, VideoProtects has the right to suspend or terminate access and refuse any and all current or future use of its Services by a Member, or the employer or organization employer or organization associated with the Member.

Ownership

All content published or assessible on our Sites and our Services, including without limitation, the text, site design, logos, trademarks, service marks, graphics, icons and images, videos, software, code, product reviews and other content, as well as the selection, assembly and arrangement thereof (collectively, “Content”), is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Copyright 2021, J.J. Keller & Associates, Inc. All rights reserved.

You acknowledge and agree that all proprietary rights in the Content, Sites and Services shall remain property of VideoProtects or licensor and you do not acquire rights therein except as specifically provided through the limited license and applicable Service License(s) provided in these Terms. If you wish to use or copy VideoProtects Content, please email us and include the following information: full name, company name, phone number, email address, description of Content, request/intended use.

Use of Our Sites and Services

1. Restrictions. In connection with your use of the Sites and Services, you will not:

  1. use the Sites and Services other than as permitted in these Terms and will only use the Sites and Services for your personal use, unless expressly permitted otherwise by us;
  2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Sites, Services, or any Content thereof;
  3. upload or input to the Sites or Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Sites or Services, any computer software or hardware or telecommunications equipment;
  4. disassemble, reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Services;
  5. use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Sites or Services, monitor traffic on the Sites or Services, obtain or accumulate personal information about other users, or collect or store personal data about other users;
  6. copy or adapt the object code of any software, HTML, JavaScript or other code;
  7. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Sites or Services;
  8. use the Sites or Services in any manner that in VideoProtects’ sole judgment, adversely affects the performance or function of the Sites or Services or interferes with the ability of other users to access or utilize them or undertake any acts not expressly permitted under the Terms;
  9. develop a service which is competitive with any of VideoProtects’ Services;
  10. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content;
  11. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason;
  12. exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage;
  13. except to the extent that you may regulate access of Members for your organization and your Data as you deem appropriate, restrict or inhibit any other Member from accessing and using the Sites or Services;
  14. undertake to use the Sites or Services in violation of any applicable law, regulation or generally accepted practices or guidelines (“Applicable Law”) or take any action which would cause VideoProtects to be in violation of any Applicable Law;
  15. use a Service in any manner that infringes the intellectual property or other rights of VideoProtects or of another party;

2. Your Credentials If you use our Sites or Services, you are responsible for maintaining the confidentiality of the account and the password associated with it and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password or from your IP address. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You may not allow others to access your Service License account using your username and password. You agree to notify VideoProtects immediately of any unauthorized access to or use of your user name or password or any other breach of security.

Personal and Internal Company Use Limitation

Our Sites and Services are for your personal and internal company use, unless prior permission has been granted by VideoProtects or as otherwise specified in writing. You may not use any Site or Service for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of VideoProtects in each instance, which permission will be at VideoProtects’ sole and absolute discretion. You must not post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any product or Service) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting products or Services) or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, product, or Services obtained from or otherwise connected to our Sites or Services, in whole or in part.

If you wish to become an authorized reseller of VideoProtects products, contact us.

Sharing Your Comments and Ideas

The Sites and Services may contain message boards, chat rooms, personal pages or profiles, forums, bulletin boards, comment sections and other interactive features that allow users to post, submit, publish, display, communicate, or transmit to other users, other persons, or VideoProtects (“post”) content or materials. All posted content or materials, ideas, comments, suggestions, techniques, reviews, testimonials, or questions submitted or provided to us by any means (collectively “Feedback”), is received by us and treated on a non-confidential and non-restricted basis. If you provide VideoProtects with any Feedback, you grant VideoProtects, and its licensees, an unrestricted, royalty-free, worldwide, transferrable, sublicensable, perpetual, irrevocable license to use, reproduce, display, perform, modify, create derivative works based on, sell, share, transmit, distribute and otherwise exploit the Feedback. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that VideoProtects is not required to make any use of any Feedback that you provide. You agree that if VideoProtects makes use of your Feedback, VideoProtects is not required to credit or compensate you for your contribution, but use of your name, or your employer or organization’s name, will be subject to your approval. You represent and warrant that you have all necessary rights in any Feedback that you provide to VideoProtects to grant VideoProtects and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.  You further understand and acknowledge that you are responsible for any Feedback that you submit or contribute, and you, not VideoProtects, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to you or to any third party for the content or accuracy of any Feedback.

Discussion Boards

The discussion board is a feature of certain Services that allows Members to post information, which may include electronic files, and allows other Members to download this content. You must be the author of anything you post or upload to a discussion board, or have permission to use the content you post, or the content you post must be in the public domain. You understand that other Members will have access to anything you post or upload to a discussion. VideoProtects, at its sole discretion, reserves the right to remove postings or uploaded content and/or terminate the license of any Member who VideoProtects believes has violated the terms or abused the intent of the Service License; including, but not limited to, posting profanities, hate speech, potentially libelous statements, marketing promotions or publishing third-party content without permission.

All discussion board files are scanned with virus software before they are posted to the Sites and Services. While VideoProtects makes attempts to maintain files which are virus-free, VideoProtects makes no warranty concerning the appropriateness or safety of such files. As with any file you download from the Internet, you must understand this risk, take precautions, and understand that VideoProtects assumes no responsibility for any damages or liability, including but not limited to, hardware or software failure caused as a result of downloading an infected file. VideoProtects does not control the content provided by any Member that is made available through the Sites or Services.

Third-Party Sites

Our Sites may contain links to third-party websites. These links are provided solely for your convenience VideoProtects has not reviewed these third-party websites and does not control and is not responsible for any of these websites or their content. VideoProtects does not make any representations about any third-party websites, or any information, software or other products or materials found on such websites. If you access any of the third-party websites linked from our Sites, you do so entirely at your own risk.

Linking to Our Sites

Any and all links to our Sites must be previously approved in writing by VideoProtects, except where:

  1. the link is a text-only link containing only the name “VideoProtects “;
  2. when activated, the link will display our Site on the full screen and in a fully operable and navigable browser window and not within a “frame” on the linked third-party site;
  3. the appearance, position, and other aspects of the link may not create the false appearance that a third party or its activities, products, or services are endorsed by, associated with, or sponsored by VideoProtects; and
  4. the appearance, position, and other aspects of the link do not damage or dilute the goodwill associated with the name and marks of VideoProtects. You may not use our trademarks in metatags and/or hidden text. Any such use will be regarded by us as trademark infringement. The framing of any Content available through the Site or Services is strictly prohibited without prior written consent from VideoProtects. VideoProtects reserves the right to disable any unauthorized frames.

Monitoring

VideoProtects reserves the right to monitor all network traffic to the Sites and Services and anyone using the Sites and Services expressly acknowledges that such monitoring may occur. VideoProtects may block unauthorized attempts or intrusions to upload or change information or cause damage to Sites and Services in any fashion. You acknowledge that VideoProtects has no general obligation to monitor content posted or uploaded by users of our Sites or Services (“User Content”) nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or to edit any User Content in order to:

  1. operate, secure and improve the security of the Sites (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
  2. monitor users’ compliance with these Terms;
  3. comply with Applicable Law or the order or requirement of a court, law enforcement, or other administration agency or governmental body;
  4. respond to User Content that it determines is harmful or objectionable; or
  5. as otherwise set forth in these Terms.

Data Practices

A. You acknowledge that when you use the Site or Services, VideoProtects may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Site or Services. The Site or Services may provide you with opportunities to share information about yourself with VideoProtects and others.  All information that VideoProtects collects through or in connection with the Site or Services (including, without limitation, de-identified and aggregated data) is further described in, and subject to, the VideoProtects Privacy Policy and applicable law. By using the Site or Services, you consent to all actions taken by VideoProtects with respect to your information in compliance with the VideoProtects Privacy Policy. You are solely responsible for the accuracy, legality, integrity, and quality of all data that you post, enter, upload, or otherwise transmit to the Site or Services.

B. We are frequently engaged to provide our products and services to businesses (our “Clients”).Our Clients, in turn, have direct relationships with individuals that interact with our products and services (the “Individuals”). As a result of the provision of our products and services to our Clients, personal information, personal data and personally identifiable information as defined under applicable data privacy law (including, without limitation, personal information subject to the California Consumer Privacy Act) (collectively, “Personal Information”) may be accessed or otherwise processed by VideoProtects in order to provide our products and services to our Clients. When this occurs: (i) with respect to an Individual’s Personal Information, we are acting in the capacity of a “data processor” or “service provider” as defined under applicable data privacy law; and (ii) the applicable privacy policy of our Client (for example, if the Individual is an employee of the Client, the Client’s privacy policy for employees), and not VideoProtects’ privacy policy, applies. By way of example only: if the Individual is an employee of Client ABC and driving a vehicle that has a VideoProtects device installed in it, then Client ABC controls the Individual’s Personal Information, and we process the Individual’s Personal Information only on ABC Client’s behalf and according to its instructions. VIDEOPROTECTS MAKES NO REPRESENTATION, WARRANTY, OR COMMITMENT OF ANY VARIETY, EXPRESS OR IMPLIED, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING TO OR ARISING FROM, VIDEOPROTECTS’ PROCESSING OF PERSONAL INFORMATION AT THE DIRECTION OF ITS CLIENTS.

C. Further, if you are a Client, you agree to the following:

-Client represents and warrants that it has complied with, and will continue to comply with, the California Consumer Privacy Act and all other applicable data privacy laws.  With respect to all Personal Information collected, accessed, or processed by J.J. Keller as a result of VideoProtects’ products or services, Client, and not J.J. Keller, is responsible for the provision of legally-compliant privacy notices to Individuals, obtaining all necessary consents and permissions from Individuals, compliance with data subject rights requests, and compliance with all other obligations applicable to the data controller, data owner, and data collector for such Personal Information under applicable data privacy law.  Client understands and agrees that it is solely responsible for requesting and obtaining all information necessary from VideoProtects in order for Client to accurately explain all relevant data practices to the Individual within privacy notices and consent forms.  VideoProtects does and will not provide notices or obtain consents on behalf of Client. Client represents and warrants that it has all necessary rights and permissions in order to enable VideoProtects’ use of the Personal Information as contemplated in these terms and the applicable service license(s).

– From time to time J.J. Keller may provide contact information to Client regarding third parties that directly interact with Individuals, for example, clinics and laboratories for purposes of drug screening (“Third Party Providers”).  VideoProtects disclaims all liability and responsibility for such Third Party Providers and Client agrees that J.J. Keller shall have no liability or responsibility for such Third Party Providers.  Client understands and agrees that in such cases the Third Party Providers are not J.J. Keller’s agents, representatives, subcontractors or service providers and J.J. Keller is not responsible for the performance of such Third Party Providers, including, without limitation, their compliance with these Terms and law and their data privacy and data security practices. All information, including, but not limited to, any Personal Information, that is provided to, collected or generated by, or otherwise processed by such Third Party Providers in connection with such Third Party Providers’ interactions with Individuals is subject to an independent relationship between, as applicable, Client and/or the Individual and the applicable Third Party Provider and the Third Party Providers’ own privacy and security practices and policies shall apply.  Without limiting the foregoing, J.J. Keller is not responsible for any Third Party Provider’s collection, creation, receipt, protection, storage, transmission, processing, handling and/or use of any such information, including, but not limited to, any Personal Information.

D. VideoProtects has the right to aggregate, anonymize, pseudonymize, or deidentify all information collected, accessed, or processed by J.J. Keller as a result of J.J. Keller’s products or services, including, but not limited to, any Personal Information contained therein. For clarity, such aggregated, anonymized, pseudonymized, or deidentified information does not constitute, in whole or in part, Personal Information (“Aggregated Data”). Such aggregated, anonymized, pseudonymized, or deidentified data is no longer deemed Personal Information (“Aggregated Data”). The Aggregated Data is owned solely by VideoProtects and Client assigns all right, title and interest in and to the Aggregated Data to VideoProtects. VideoProtects has the right to use, share, and commercialize the Aggregated Data for any and all purposes as determined by VideoProtects in its sole discretion.Client understands and agrees that VideoProtects’ use of the Aggregated Data may include, without limitation, the creation of driving-related scores that benefit persons and entities other than Client.  Client will provide all necessary notices and obtain all necessary consents from Individuals for the data practices described in this subsection (4).

Term and Termination

  1. Effective Date. The Service License to any specific Service provided by us becomes effective on the earlier date of when you indicate acceptance of the Service License terms by submitting Registration Information, or by you logging in to the applicable Service. Regardless, you are bound by these Terms any time you use our Sites or our Services.
  2. Access. A license or access to any of our particular Services is subject to payment of the Service License fee for that particular Service as invoiced by VideoProtects, or as otherwise specified for a particular Service.
  3. Term. The term of a Service License for a particular Service is for the length of time you indicated when paying the Service License fee (“Service License Term”). Should you choose to terminate any Service License prior to its expiration date of the Service License Term you will not be entitled to a refund. Some Service Licenses will automatically renew for twelve-month periods. Prior to any renewal invoice being issued, you will be contacted by us. In the event that you have entered into an auto-renew Service License, you must notify us that you do not want to review prior to renewal. When the Service License terminates, any information or Data that you have entered may no longer be accessible to you, and VideoProtects does not guarantee that such information will be maintained or archived for access. If you wish to renew the Service License feel free to contact us or your specific Sales Representative.
  4. Termination. Notwithstanding any of the above:
    1. VideoProtects may terminate the Service License without cause on ten (10) days’ notice (via email or otherwise) to you should any Service, its Content, or any component thereof, no longer be available for whatever reason. VideoProtects reserves the right to make modifications to its Services, including without limitation, eliminating or adding functionality to its particular Services. However, should a particular Service no longer be available in any form, such termination may entitle you to a pro-rata refund.
    2. At VideoProtects’ sole discretion, VideoProtects reserves the right to terminate the Service License of any Member who VideoProtects believes, in its sole discretion has violated the Terms or any Service License and such termination does not entitle you to a refund of any Service License fees. VideoProtects may, at its sole discretion, terminate access to the Site, without notice, if we believe you have in any way violated the Terms. Upon termination of a Service License for reasons other than your breach, at its discretion, VideoProtects may use reasonable commercial efforts to assist you, at VideoProtects’ then standard fee for such services, in obtaining any of Your Data as may then be available on the Site or through the Services and transferring the same to a VideoProtects-approved storage media, provided that you have provided VideoProtects notice prior to the termination date to make such a transfer.

Payments

You are responsible for paying all fees and applicable taxes associated with your access to and use of the Services. If VideoProtects sends you an invoice at the end of each billing period commencing as of the activation date of your account registration, such invoices are due net upon your receipt of the invoice. All late payments are subject to late payment fees equal to the lesser of 1.5% per month on any outstanding balance, or the maximum permitted by law. You will be responsible for all collection costs associated with the collection of late payments, including reasonable attorneys’ fees. Invoicing on account is subject to credit approval. You may be required to provide and maintain a valid credit card for billing any recurring fees. Failure to pay any invoice when due or maintain a valid credit card may, at VideoProtects’ option, result in suspension or termination of your right to access or use of Services.

Changes to the Services and Fees

  1. Changes to Services. VideoProtects reserves the right to change Services from time to time. Changes to Services are effective immediately upon posting notice of such changed Services within the Service, or upon sending separate written notice to you.
  2. Changes to Fees. VideoProtects reserves the right to change Fees from time to time. You will be notified of fee changes at the time of renewal, or upon 30 days’ written notice if the Service does not have a set renewal date.
  3. Changes at your option.You may also request changes in Service levels that may result in a different fee; such changes are effective immediately and are not subject to the thirty (30) day notice period mentioned above. You are responsible and liable to pay for all products and Services purchased by you, or your organization.

Purchasing Products and Services through our Sites

  1. Order Cancellations. VideoProtects reserves the right, at its sole discretion, to refuse or cancel any order placed through our Site for any reason. Your Site or Service account may also be restricted or terminated for any reason, at VideoProtects’ sole discretion. For your convenience, you will not be charged or invoiced, as applicable, until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. VideoProtects may also require additional verifications or information before accepting any order. VideoProtects will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card or other payment account has been charged, VideoProtects will issue a credit to your credit card or other applicable payment account in the amount of the charge.
  2. Site Errors in Pricing and Descriptions.In the event that a product or service is listed at an incorrect price due to typographical errors or an error in pricing information, VideoProtects shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. VideoProtects shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is cancelled, VideoProtects will immediately issue a credit to your account in the amount of the incorrect price. VideoProtects attempts to be as accurate as possible with product descriptions. However, VideoProtects does not warrant that product descriptions or other content of our Site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition.
  3. Special Promotions. Some restrictions apply to special promotions.

Limited Service Warranty

VIDEOPROTECTS WARRANTS THAT IT HAS THE AUTHORITY TO CONVEY THE RIGHTS WHICH ARE THE SUBJECT OF THESE TERMS AND ANY SERVICE LICENSE PROVIDED TO YOU. NO OTHER WARRANTIES ARE PROVIDED. THE CONTENT PROVIDED ON OUR SITES AND SERVICES IS PROVIDED “AS-IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Product Disclaimers

OTHER THAN AS STATED HEREIN OR IN ANY EXPRESS WARRANTIES SHOWN WITH ANY PRODUCT SOLD THROUGH THE SITE OR ASSOCIATED WITH THE SERVICES, THE PRODUCTS ARE SOLD AS-IS. VIDEOPROTECTS MAKES NO OTHER WARRANTIES ABOUT THE PERFORMANCE OF THE PRODUCTS AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, DURABILITY, TITLE, QUIET ENOJOYMENT, QUIET POSESSION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, THOSE ARISING BY STATUTE OR IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WARRANTY FOR ANY PRODUCT NOT MANUFACTURED BY VIDEOPROTECTS, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY VIDEOPROTECTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT: (A) ANY PRODUCTS OR SERVICES WILL MEET YOUR BUSINESS OR OTHER REQUIREMENTS; (B) ANY PRODUCTS OR SERVICES WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION; (C) ANY PRODUCTS OR SERVICES WILL BE ERROR-FREE, VIRUS-FREE OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE, RELIABLE OR CURRENT; OR (D) ANY ERRORS IN THE PRODUCTS OR SERVICES CAN BE CORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, WE DO NOT ENDORSE, AND MAKE NO REPRESENTATION, OR WARRANTY WITH RESPECT TO, AND ASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-VIDEOPROTECTS PRODUCTS, SOFTWARE, DATA, OR SERVICES INCLUDING, BUT NOT LIMITED TO, WIRELESS SERVICES, MAPPING SERVICES, POSTED ROAD SPEED SERVICES, INTERNET BANDWIDTH AND CLOUD STORAGE.

INSTALLATION WARNING. CERTAIN VEHICLES OR INSTALLATION CONFIGURATIONS MAY REQUIRE PROFESSIONAL INSTALLATION, ADDITIONAL EQUIPMENT OR MODIFICATIONS TO YOUR VEHICLES. PRIOR TO INSTALLING OUR PRODUCTS YOU SHOULD CAREFULLY REVIEW THE RELEVANT INSTALLATION DOCUMENTATION. IF YOU ARE UNCERTAIN THAT YOU HAVE THE REQUISITE SKILLS AND UNDERSTANDING TO INSTALL OUR PRODUCTS, YOU MUST CONSULT WITH AN AUTHORIZED VIDEOPROTECTS RESELLER OR INSTALLER. IMPROPER INSTALLATION CAN LEAD TO SHORT CIRCUITS AND THE RISK OF FIRE, LEADING TO PERSONAL INJURY OR SIGNIFICANT DAMAGE TO YOUR VEHICLE. INSTALLATION OR SERVICING MAY ALSO REQUIRE MODIFICATIONS TO YOUR VEHICLE. FAILURE TO COMPLY WITH PROCEDURES SPECIFIED IN THE INSTALLATION INSTRUCTIONS FOR A PRODUCT, OR ATTEMPTING TO INSTALL OUR PRODUCTS WITHOUT ADEQUATE KNOWLEDGE OF OUR PRODUCTS, PROPER INSTALLATION, CONFIGURATION, SERVICING, REPAIR OR REMOVAL PROCEDURES, OR YOUR VEHICLE, MAY RESULT IN DAMAGE TO THE PRODUCT OR YOUR VEHICLE, WHICH MAY CAUSE MALFUNCTIONS OF VEHICLE CONTROLS OR VEHICULAR ENVIRONMENTAL SYSTEMS AND RESULT IN PERSONAL INJURY. YOU UNDERSTAND THAT ANY SUCH ACTIVITIES NOT PERFORMED BY AN AUTHORIZED VIDEOPROTECTS RESELLER OR INSTALLER WILL BE AT YOUR SOLE RISK. YOU ALSO AGREE TO COMPLY WITH ANY SAFETY-RELATED INSTRUCTIONS COMMUNICATED TO YOU, INCLUDING REMOVING THE PRODUCT FROM YOUR VEHICLE IF VIDEOPROTECTS DETERMINES YOUR VEHICLE IS NOT SUITABLE FOR THE USE OF THE PRODUCTS. YOU HEREBY RELEASE AND FOREVER DISCHARGE, AND WILL INDEMNIFY AND HOLD HARMLESS, US, OUR AFFILIATES, RESELLERS AND AGENTS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL LOSSES, ACTIONS, CAUSES OF ACTION, LIABILITY, CLAIMS, DEMANDS, PENALTIES, COSTS, EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS ON A FULL INDEMNITY BASIS), JUDGMENTS AND DAMAGES OF ANY NATURE OR KIND WHATSOEVER, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LAW OR EQUITY, WHICH YOU OR ANY OTHER THIRD PARTY HAS OR WILL HAVE, ARISING OR ACCRUING FROM, AS A RESULT OF, IN RELATION TO, OR IN CONNECTION WITH, SAME.

Site and Service Disclaimers

NEITHER VIDEOPROTECTS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVICING, UPDATING OR DELIVERING THE SITES OR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR OR OTHER USERS’ ACCESS, USE, OR INABILITY TO USE THE SITES OR SERVICES OR ANY THIRD-PARTY WEBSITES OR SERVICES ASSESSIBLE FROM THE SITES, OR ANY ERRORS OR OMISSIONS IN THE CONTENT ON SITES OR SERVICES, OR ANY SUCH THIRD-PARTY SITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIDEOPROTECTS MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE OR SEVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

You acknowledge and agree that there may be interruptions in Sites or Service or events that are beyond VideoProtects’ control. While VideoProtects uses reasonable efforts to keep the Sites and Services accessible, it does not guarantee, and shall have no liability for, any unavailability of the Sites or Services, or for failing to fulfill its obligations due to causes beyond its reasonable control. VideoProtects does not control the security of the Internet or other networks you use to access the Sites or Services and it is not responsible for any data lost during transmission for any reason.

VideoProtects may restrict the availability of the Sites or Services or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of its servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Sites or Services. VideoProtects may improve, enhance and modify the Sites and eliminate Services or introduce new Services from time to time without notice. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of VideoProtects in providing its Services, is to cancel your account and/or stop using our Sites or Services. You agree that VideoProtects shall not be liable to you or any third party for any modification or discontinuance of any materials, features, products, prices, services, information or the Sites or Services.

The Sites, Services, and Content are designed to provide reasonably accurate and authoritative information regarding the subject matter covered. It is made available with the understanding that VideoProtects is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert service is required, the services of a competent professional should be sought.

Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the Content contained in the Sites and Services. VideoProtects cannot and does not assume any responsibility or liability for loss, damage, or injury arising from omissions, errors, misprinting or ambiguity contained on the Sites or Services or the content of referral websites or the products and services which may be offered on referral websites.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE RELATING TO THE SITES OR SERVICES MUST BE MADE OR INSTITUTED WITHIN ONE YEAR OF WHEN THE CAUSE OF ACTION OR CLAIM ACCRUED.

Limitations on Liability

BY USING THE SITE OR ACCESSING OR RECEIVING INFORMATION THROUGH THE SITE, YOU AGREE THAT THE LIABILITY OF VIDEOPROTECTS ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SITE WILL NOT EXCEED THE FEE YOU PAID FOR THE SERVICE OVER THE TWELVE MONTHS PRIOR TO THE INCIDENT.

Indemnification

You agree to defend, indemnify, and hold VideoProtects, its officers, directors, employees, agents, licensors, affiliates, service providers and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites and Services and your violation of these Terms.

Injunctive Relief

You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of these Terms, including without limitation the terms of any Service License, and that such a breach may irreparably harm VideoProtects and VideoProtects is entitled, without limiting any of its other remedies at law or equity, to obtain injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.

Report Unauthorized Use or Copying/Digital Millennium Copyright Act Notice (U.S. only)

VideoProtects takes claims of copyright infringement seriously. We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Unauthorized copying of software and Content is theft. Please reference our DMCA Notice information on how to report pirated content and software.

Miscellaneous

  1. Terms Binding on Successors. These Terms and any Service License shall be binding on and shall inure to the benefit of VideoProtects and its heirs, administrators, successors and assigns.
  2. Waiver & Severability. No waiver by VideoProtects or any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Terms.
  3. Assignability. This License and the rights and obligations hereunder and any Service License, and the rights and obligations thereunder, may not be assigned by you or by operation of law, including, but not limited to, bankruptcy, assignment for benefit of creditors, collateral for a loan or satisfaction of a loan, without the prior written consent of VideoProtects; provided, however, that these terms and the rights and obligations hereunder and pursuant to any Service License shall be freely assignable by VideoProtects.
  4. Changes to these Terms. VideoProtects may change, revise, modify, add or remove any of these Terms at any time by updating this posting with a “last updated” date. You should visit this posting from time to time to review the then-current Terms because your continued use of our Sites or the Services after any changes to these Terms have been posted will be deemed acceptance of any revised terms. You agree that we shall not be liable to you or any third party for any modification or discontinuance of any materials, features, products, prices, services, information, or the Sites.
  5. International Users and Governing Law. Our Sites are controlled, operated and administered by VideoProtects from offices within the State of Wisconsin. VideoProtects makes no representation that content on the Sites or Services are appropriate or available for use at locations outside of the United States and access to them from territories where their content is illegal or restricted is prohibited. You may not use our Sites or Services or export any content in violation of U.S. export laws and regulations. If you access our Sites or Services from a location outside of the United States, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of the United States and of the State of Wisconsin, without giving effect to its conflict of laws’ provisions.  Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in Milwaukee County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  6. Waiver of Class Action Rights and/or Claims. Please Read This Provision Carefully. It Affects Your Legal Rights. NEITHER YOU NOR VIDEOPROTECTS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS, BRING CLAIMS ON A NON-INDIVIDUAL BASIS, OR ARBITRATE CLAIMS IN A REPRESENTATIVE CAPACITY, INCLUDING WITHOUT LIMITATION AS A REPRESENTATIVE MEMBER OF A CLASS, IN A COLLECTIVE CAPACITY, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIM OR DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED AS A CLASS OR COLLECTIVE ACTION. Unless both You and VideoProtects agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative class proceeding.
  7. Survivorship. Notwithstanding the expiration or termination of these Terms, all rights, obligations, and remedies which accrued prior to the termination or expiration of a Site and Service License shall survive such termination or expiration to the extent necessary to carry out the intention of the parties.
  8. Contact Us. If you have any questions regarding the use of these Terms, our Sites, or Services please contact us. Or write us at: J. J. Keller, 3003 Breezewood Lane, Neenah, Wisconsin 54956.
  9. RELATED THIRD PARTY PROVIDER TERMS. Our related third-party providers require us to obtain your agreement to certain terms and conditions prescribed by them. The Wireless Provider Terms are set out at the following https://flolive.net/terms-of-use/ and the Other Provider Terms are set out at the following https://aws.amazon.com/service-terms/. These third party terms are hereby incorporated by reference into and form part of these Terms and contain license and use limitations; limitations of liability; disclaimers; choice of law, arbitration and forum selection clauses; and other important terms and conditions that affect your rights and obligations. VideoProtects accepts no responsibility or liability for the services of such providers. By signifying your agreement to these Terms, you are also signifying your agreement to these third-party terms.
  10. Entire Agreement. These Terms, the VideoProtects Privacy Policy, any Service License, as well as any other license you might enter into
    with VideoProtects constitute the entire agreement between VideoProtects and you with respect to your use of our Sites and Services. If for any reason a court of competent jurisdiction finds any provision of these Terms or any portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.