Beacon Holder Certification

You agree that:

The company that is associated with you (“Company”) and directly provided you with a Silent Beacon  (“Beacon”) that enables you to contact such Company in the event of an emergency to enable you to send emergency alerts through the use of the Enterprise Safety Solution (“Solution”)  licensed by your Company from Silent Beacon, LLC (“SBL”).  By accessing or using the Solution  and the Beacon, you hereby agree as follows:

THE SOLUTION AND BEACON ARE FOR EMERGENCY COMMUNICATION ONLY BUT ARE NOT A REPLACEMENT FOR 911. IF YOU ARE IN IMMEDIATE DANGER, ARE SUFFERING A MEDICAL EMERGENCY OR ARE THE VICTIM OF A CRIME, CALL 911 AND/OR THE APPROPRIATE AUTHORITIES AND DO NOT RELY ON THIS SOLUTION/BEACON. EVEN IF YOUR BEACON OR ASSOCIATED APP SHOWS CONNECTIVITY, WE DO NOT GUARANTEE AND HAVE NO CONTROL OVER WHETHER YOUR PHONE CONNECTS OR MAINTAINS CONNECTIVITY WITH YOUR PHONE, ANY ALERTS, MESSAGES, EMAILS, PUSH NOTIFICATIONS OR ANY OTHER SERVICE WILL BE DELIVERED REAL-TIME, IMMEDIATELY ACCESSED OR RECEIVED BY OR RESPONDED TO BY ANY RECIPIENT OR EMERGENCY RESPONDER.

YOU ACCEPT THE SOLUTION AND BEACON “AS IS, WHERE-IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED. YOUR USE OF THE SOLUTION AND BEACON ARE AT YOUR  SOLE RISK, AND YOU ASSUME ALL LIABILITY ARISING FROM YOUR USE OF THE BEACON AND SOLUTION.

YOU SHALL ONLY USE THE BEACONS IN DIRECT CONNECTION WITH THE SOLUTION SET UP BY YOUR COMPANY AND FOR NO OTHER PURPOSE.

THE SOLUTION ONLY OPERATES WHEN BEACONS ARE IN OPERATING RANGE OF YOUR MOBILE PHONE AND WHERE YOUR MOBILE PHONE HAS NETWORK CONNECTIVITY, BLUETOOTH CONNECTIVITY AND CELLULAR ACCESS. IN ADDITION, THE SOLUTION AND BEACON CONNECTIVITY TO THE SERVICES MAY BE TEMPORARILY INTERRUPTED, REFUSED, OR LIMITED AT ANY TIME BECAUSE OF TRANSMISSIONS LIMITATIONS CAUSED BY THIRD-PARTY NETWORK, CARRIER, ATMOSPHERIC AND TOPOGRAPHICAL FACTORS OUTSIDE OF SBL’S OR COMPANY’S CONTROL, OR EQUIPMENT MODIFICATIONS, UPGRADES, REPAIRS OR SIMILAR OTHER ACTIVITIES. INDIVIDUAL DATA TRANSMISSIONS MAY BE INVOLUNTARILY DELAYED FOR A VARIETY OF REASONS, INCLUDING THE ABOVE, WEAK BATTERIES, SOLUTION OVER-CAPACITY, AND YOUR MOVEMENT OUTSIDE OF THE CARRIER’S SERVICE AREA.

SBL MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF THE COMPANY’S RESPONSE, AND SBL HAS NO CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE SOLUTION BEING USED.  YOU FURTHER UNDERSTAND THAT A PERSON MAY IMPROPERLY PERFORM THE SERVICES, OR MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF AN EMERGENCY SIGNAL FROM THE SOLUTION, OR THAT THE SOLUTION MAY FAIL TO FUNCTION PROPERLY AND THAT SBL SHALL NOT BE LIABLE.

YOU ACKNOWLEDGE THAT (I) THE RISK OF LOSS OR BODILY HARM, INJURY OR DEATH, AND THE POTENTIAL LIABILITY FOR SUCH LOSSES, EXISTS BEFORE, AND IS INDEPENDENT OF, THE PROVISION OF THE BEACON AND SOLUTION, (II) PERSONAL SAFETY AND SOLUTION DO NOT CREATE, NOR DO THEY INCREASE OR DECREASE, THE RISK OR EXTENT OF SUCH LOSSES, (III) SBL DOES NOT AND CANNOT CONTROL THE SITUATIONS OR EVENTS THAT GIVE RISE TO THE OCCURRENCES (MEDICAL EMERGENCIES, FIRES, CRIMINAL ACTIVITY, ETC.) OR THE CONSEQUENCES THEREOF (PROPERTY LOSS, PERSONAL INJURY, ETC.) THAT THE SOLUTION IS INTENDED TO AVERT OR DETECT, AND (IV) BECAUSE OF THE UNIQUE NATURE OF THE SOLUTION, YOU AGREE THAT SBL’S LIABILITY SHOULD BE LIMITED IN ACCORDANCE WITH THE PROVISIONS OF THESE TERMS.

IN NO EVENT WILL SBL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE USE OF THE SOLUTION OR THE BEACON OR THE PERFORMANCE OR NONPERFORMANCE OF SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF SBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL SBL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOSS FROM PERSONAL INJURY OR DEATH, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR LOSS OF DATA, ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE BEACON, THE SOLUTION, OR THE PERFORMANCE OR NONPERFORMANCE OF SERVICES.

SBL’S MAXIMUM AGGREGATE LIABILITY TO YOU AND ANY THIRD-PARTY SHALL BE LIMITED TO TWO HUNDRED DOLLARS ($200.00).

YOU UNDERSTAND THAT SBL NOR YOUR COMPANY WILL RECEIVE SIGNALS FROM THE SOLUTION IF YOUR COMPANY’S TRANSMISSION SOLUTION IS NOT SET UP, NOT WORKING PROPERLY, LOSSES POWER OR CONNECTIVITY OR IF CHANGES IN THE TRANSMISSION SOLUTION PREVENT COMMUNICATION WITH SBL. YOUR COMPANY IS RESPONSIBLE FOR TESTING THE SOLUTION ON A WEEKLY BASIS, AS WELL AS IMMEDIATELY FOLLOWING ANY CHANGE TO THE TRANSMISSION SOLUTION. YOU WILL IMMEDIATELY NOTIFY YOUR COMPANY OF ANY PROBLEMS WITH THE SOLUTION OR LOSS OF CONNECTIVITY.  SBL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, PROPRIETY, OR LEGALITY OF INFORMATION WHICH MAY BE PROVIDED, DIRECTLY OR INDIRECTLY, BY OR ON BEHALF OF YOU OR ANY THIRD-PARTY, OR FROM THE USE OF THE SOLUTION.