You agree that:
The company that is associated with you (“Company”) and directly provided you with a Silent Beacon (“Beacon”) and/or a software application (“App”) that enables you to contact your Company in the event of an emergency or receive emergency alerts from your Company in connection with the Enterprise Safety Solution licensed by your Company from Silent Beacon, LLC (“SBL”). By accessing or using the Beacon and/or the App (collectively or individually, the “System”), you hereby agree as follows:
NOT A REPLACEMENT FOR 911
THE SYSTEM IS FOR EMERGENCY COMMUNICATION ONLY AND IS 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. EVEN IF YOUR BEACON OR THE APP SHOWS CONNECTIVITY, WE DO NOT GUARANTEE AND HAVE NO CONTROL OVER WHETHER YOUR PHONE CONNECTS OR MAINTAINS CONNECTIVITY OR WHETHER 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.
DISCLAIMERS
YOU ACCEPT THE SYSTEM “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 SYSTEM AND BEACON IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY ARISING FROM YOUR USE OF THE SOLUTION.
YOU SHALL ONLY USE THE SYSTEM IN DIRECT CONNECTION WITH YOUR COMPANY AND FOR NO OTHER PURPOSE.
THE SYSTEM 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 SYSTEM 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, SYSTEM 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 SYSTEM 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 SYSTEM MAY FAIL TO FUNCTION PROPERLY AND THAT SBL SHALL NOT BE LIABLE.
LIMITATION OF LIABILITY
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 SOLUTION, (II) PERSONAL SAFETY AND MONITORING SERVICE 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 SYSTEM 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 SYSTEM 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 SYSTEM IF YOUR COMPANY’S TRANSMISSION SYSTEM IS NOT SET UP, NOT WORKING PROPERLY, LOSSES POWER OR CONNECTIVITY OR IF CHANGES IN THE TRANSMISSION SYSTEM PREVENT COMMUNICATION WITH SBL. YOUR COMPANY IS RESPONSIBLE FOR TESTING THE SYSTEM 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 SYSTEM 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.
LIMITATION ON CLAIMS
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SYSTEM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR ELSE THAT CLAIM OR CAUSE OF ACTION WILL BE BARRED FOREVER.
SMS/TEXT AND EMAIL MESSAGING
By using the System, you are opting-in to receive SMS/text messages from your Company and its affiliates. By consenting, you agree to receive SMS/text messages to the mobile phone number you provided to your Company. You certify that the mobile number you provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system, that standard message and data rates apply, and the frequency of messages may vary. The SMS/text messages may not be available on all carriers or compatible with all mobile phone models and carriers are not liable for any delayed or undelivered messages. Also, the availability of SMS/text messages may be impacted or restricted by the local laws, regulations or rules where you reside. SBL is not responsible for any delays upon sending or receiving SMS/text messages and can change the SMS/text messages at any time. To opt-out from text messages at any time, reply “STOP” to any text message you receive through the System. You consent that following such a request to opt-out to SMS/text message communications, you may receive one final text message confirming your request. Please keep in mind that if you opt-out of receiving text message alerts, your Company and its affiliates may not be able to contact you with emergency messages.
By providing SBL with your email address you consent to SBL’s use of your email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. SBL may also use your email address to send you other messages, such as changes to features of the System.
RESTRICTIONS ON USE
You represent, warrant and agree that you shall not:

(a) modify or create derivative works of the Solution, or any portion or component thereof;
(b) copy, frame or mirror any features or functionality of the Solution;
(c) reverse engineer any functionality of the System;
(d) access the System, or any portion thereof, in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of any module or functionality;
(e) use the System to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
(f) use the System to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs;
(g) interfere with or disrupt the integrity or performance of the System or third-party data contained therein;
(h) attempt to gain unauthorized access to the System or its related systems or networks;
(i) use the System for timesharing or service bureau purposes or otherwise for the benefit of a third party;
(j) transmit or disseminate unsolicited material, including without limitation, “junk mail” or “unsolicited bulk e-mail”, or other advertising material to end users that have not specifically agreed to receive such material by either opting or not opting out in a lawful manner;
(k) access or use the System for non-emergency communications;
(l) permit any third party to use the System for any commercial purpose or for the benefit of any third party;
(m) distribute, resell, transfer or allow any other individual to use the System;
(n) remove any labels, warnings or marks on the Beacon; or
(o) tamper, decompile, reverse engineer, or otherwise attempt to derive any source code or underlining ideas or algorithms of any party of System.

PRIVACY
Please refer to our Privacy Policy https://business.silentbeacon.com/legal/privacy-policy-for-enterprise-safety-system/ for information on how we collect, use and disclose information from our users.