Terms of Use

 

Overview

Welcome to AvertX Connect! AvertX Connect is a cloud based recorder health and management service that provides our members with reports, tools and information related to the maintenance and operation of their digital video recorders and related appliances ("Web Services ready devices").

On AvertX Connect ("AvertX Connect"), a reseller/integrator AvertX Connect account ("Primary Account") can create and manage many end-user based secondary accounts ("Secondary Account") together referred to as ("Account"). Primary Accounts and Secondary Accounts contain their own set of user accounts ("Primary Account User" and "Secondary Account User" respectively).

These Terms of Use govern your use of our service. As used in these Terms of Use, "AvertX Connect service," "our service" or "the service" means the service provided by AvertX Connect for viewing reports, images, alarm information from Web Services ready devices, managing user accounts, uploading and maintaining video, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Web Services ready devices, you may need to visit here to review these hyperlinked terms.

1.            Acceptance of Terms of Use

a.      These Terms of Use, which include our Privacy Policy, govern your use of the AvertX Connect service. By using, visiting, or browsing the AvertX Connect service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the AvertX Connect service.

b.      The AvertX Connect service is provided by AvertX or one of its affiliated companies.

2.            Changes to Terms of Use. AvertX Connect may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

3.            Privacy. Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

4.            Communication Preferences. By using the AvertX Connect service, you consent to receiving electronic communications from AvertX Connect relating to your Account. These communications may involve sending emails to your email address provided during registration, or in the Primary Users and Secondary Users configuration pages and may include notices about your Account (e.g., change in password, confirmation e-mails and other transactional information) and are part of your relationship with AvertX Connect. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new AvertX Connect features and content, special offers, promotional announcements and customer surveys via email or other methods. AvertX Connect's primary means of communicating information from Web Services ready devices is by email or text. This information includes status reports, general notices, and alerts. Notifications from Web Services ready devices are not enabled by default but must be manually enabled by a user account with permissions to do so. Users with such permissions can enable notifications for other user accounts associated to the Primary Account and Secondary Accounts. If you no longer want to receive certain non-transactional communications, simply unsubscribe by using the unsubscribe options on the email. Please review our Privacy Policy for further details on our marketing communications. By using AvertX Connect text messaging options (including alerts and Multi-factor authentication), Message and Data Rates May Apply to each text message sent or received as provided in your wireless service rate plan (Please contact your Participating Wireless Carrier for pricing plans and details).

5.            Membership, Billing and Cancellation

a.      Membership

                                i.      Ongoing Membership. Your AvertX Connect membership, will continue month-to-month unless and until you cancel your membership or we terminate it.

                              ii.      Differing Memberships. We may offer a number of membership plans, with differing options, features, conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

b.      Billing, Cancellation

                                i.      Recurring Billing. By starting your AvertX Connect membership and providing or designating a Payment Method, you authorize us to charge you a recurring membership fee at the then current rate, and any other charges you may incur in connection with your use of the AvertX Connect service to your Payment Method. You acknowledge that the amount billed each recurring period may vary for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly, quarterly, or annually in one or more charges based upon your subscription agreement.

                              ii.      Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

                            iii.      Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each recurring period thereafter unless and until you cancel your pay membership. We automatically bill your Payment Method each recurring period on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given recurring period, we may bill your Payment Method on a day in the applicable period or such other day as we deem appropriate. For example, if you started your AvertX Connect membership or became a paying member on January 31st, your next payment date is likely to be February 28th (unless you are on a quarterly or annual subscription), and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, "recurring period" refers to your billing cycle.

                            iv.      No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

                              v.      Cancellation. You may cancel your AvertX Connect pay membership at any time, and you will continue to have access to the AvertX Connect service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. You may also send an email to support@avertx.com. If you cancel your pay membership, your premium options will automatically cease to function at the end of your current billing period. AvertX Connect will retain any data (including video, logs, etc.) for a period of 180 days or until the items are deleted by normal deletion processes in place with or with the pay membership, whichever comes first. Some features may continue to operate but not in the same manner they did with the pay membership.

1.      User Management. If user groups are no longer available, all user accounts listed in the group will be copied to the individual web services ready devices in AvertX Connect. This will allow the user accounts to continue to function properly.

2.      Video Archive. All video in the Video Archive will be saved and accessible by users for 180 days. After which, the video will be removed from the AvertX Connect and no longer accessible.

3.      Alerts. Pay membership automated alerts (event based) will immediately cease to send.

                            vi.      Account Deletion. You may close your AvertX Connect account at any time. To cancel, send an email to support@avertx.com letting us know you wish to close your account. We will do our due diligence to verify the request with the primary user contact listed on the Primary Account. If you are a Secondary Account user we will work with the Primary Account to close your account as quickly as possible. If you are the Primary Account holder, after verification we will close the account which in turn will close all Secondary Accounts as a result.

6.            AvertX Connect Service

a.      You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the AvertX Connect service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

b.      We continually update the AvertX Connect service, including various aspects of our service, including our website, user interfaces, service levels, plans and promotional features. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

c.       You agree to use the AvertX Connect service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You also agree not to: use any robot, spider, scraper or other automated means to access the AvertX Connect service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the AvertX Connect service; insert any code or product or manipulate the content of the AvertX Connect service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the AvertX Connect service, including any software viruses or any other computer code, files or programs.

d.      AvertX Connect software is developed by, or for, AvertX Connect and is designed to enable sending of content from Web Services ready devices to AvertX Connect. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the AvertX Connect service.

e.      We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

f.        Some Web Services ready devices may from time to time stop functioning as intended. If AvertX Connect deems the non-functioning device to be disruptive to the AvertX Connect service (such as sending information to AvertX Connect at an increased rate), we reserve the right to deactivate the device without warning. Deactivated devices will not be removed from the account but will instead be shown as disabled. In such cases, AvertX Connect will re-enable the devices at periodic intervals to see if the issue has been corrected. The intervals are subject to change based on the number of re-enable attempts.

7.            Passwords & Account Access

a.      Any member who has administrative access to the Primary Account will be considered the Account Owner. The Account Owner has full access and control over the AvertX Connect account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain control, the Account Owner should not reveal the password to anyone. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

b.      In order to provide you with ease of access to your account and to help administer the AvertX Connect service, AvertX Connect implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the AvertX Connect website.

c.       Always access your sensitive account information by going directly to the AvertX Connect website and not through a hyperlink in an email or any other electronic communication, even if it looks official. AvertX Connect reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.

8.            Disclaimers of Warranties and Limitations on Liability

a.      THE AVERTX CONNECT SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE AVERTX CONNECT SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AVERTX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE AVERTX CONNECT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. AVERTX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, WEB SERVICES READY DEVICES, AND AVERTX CONNECT SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). AVERTX MAY, AT ITS SOLE DISCRETION, DISCONTINUE SERVICE AT ANY TIME AND FOR ANY REASON.

b.      TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL AVERTX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

c.       SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

d.      NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

9.            Intellectual Property

a.      Copyright. The AvertX Connect service, including all non-device generated content provided on the AvertX Connect service, is protected by copyright, trade secret or other intellectual property laws and treaties.

b.      Trademarks. AvertX Connect is a registered trademark of AvertX.

10.        Governing Law

a.      For all AvertX Connect members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Washington, U.S.A. without regard to conflict of laws provisions.

b.      You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

11.        Use of Information Submitted. AvertX is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the AvertX Connect service, including the AvertX Connect website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the AvertX Connect service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against AvertX and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

12.        Customer Support. To find more information about our service and its features, or if you need assistance with your account contact technical support (support@avertx.com). If you are a Secondary Account user please contact your Primary Account representative for further assistance. AvertX will refer all Secondary Account Users to the Primary Account.

13.        Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.