GC MOBIL TECHNOLOGY
FIRE PUMP SYSTEMS MONITORING
TERMS OF SERVICE
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION
REGARDING YOUR RIGHTS
AND OBLIGATIONS, AND OURS, IN CONNECTION WITH YOUR USE OF GC
MOBIL TECHNOLOGY
MONITORING SERVICES.
THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO
NOT AGREE TO
THESE TERMS, DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY
TO CANCEL YOUR
SERVICE.
1. Acceptance of Agreement; Agreement Terms Generally Included.
These Terms of
Service ("Agreement") are entered into between you (referred to
as "you," "your"
and "Customer") and GC MOBIL TECHNOLOGY , Inc., an International
corporation,
including each and all of its parents, subsidiaries, affiliates,
successors,
agents and assigns ("GC MOBIL TECHNOLOGY "). Acceptance by you
of this Agreement
occurs upon your use of the service, including, but not limited
to this
application that allows you to access the service.
2. Limited License. GC MOBIL TECHNOLOGY hereby grants to you a
non-transferable,
worldwide, non-exclusive, limited license to download, install
and/or use the
object code version of the Service. All rights not expressly
granted in this
Agreement are reserved by GC MOBIL TECHNOLOGY .
3. Service. The term "Service" shall mean the GC MOBIL
TECHNOLOGY Monitoring
service, including this application, which allows you to connect
to your
facility through a RedBox device you have set up in your
Facility and
communicate or interface with certain devices or equipment that
may be deployed
in your facility, including but not remote controllable Control
Panel, Pump
System and other devices. The Service will allow you to remotely
access and view
a designated viewing area or control certain devices, and store
on a server
downloadable device information you wish to save via a high
speed internet
connection. The term "Content" shall mean data in digital or
electronic form of
any type provided, collected or stored by you or third parties
you authorize
through the Service or captured by your use of the Service.
4. Services Requirements Internet access is required to use the
Service. You are
solely responsible for complying with any minimum system
requirements, and for
obtaining, installing, configuring, and maintaining suitable
equipment and
software, including any necessary system or software upgrades,
patches or other
fixes, which are or may become necessary to access the
Service(s) and to operate
your MOBIL or other devices used to access the Service.
5. Term. This Agreement shall be effective upon your acceptance
of this
Agreement, as provided above and shall continue on a
month-to-month basis. The
term of the Agreement begins when you accept this Agreement and
ends when you or
we terminate this Agreement as permitted herein. We reserve the
right to
terminate the Service (or any part thereof) in the event we
cease to offer the
Service generally or to your location. If we cease offering the
Service (or any
part thereof) generally or to your location, we will give you at
least thirty
(15) days advance notice.
6. No Warranties. ADVICE OR INFORMATION GIVEN BY GC MOBIL
TECHNOLOGY OR ITS
REPRESENTATIVES OR SUPPLIERS SHALL NOT CREATE A WARRANTY OF ANY
KIND REGARDING
THE SERVICE OR YOUR USE OF IT. YOUR WARRANTY RIGHTS REGARDING
DEVICES AND
EQUIPMENT REST SOLELY WITH THE MANUFACTURER OF EQUIPMENT AND
DEVICES. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED HEREIN AND AS OTHERWISE
SPECIFICALLY SET FORTH IN
ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY GC MOBIL
TECHNOLOGY (BUT
ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), GC MOBIL
TECHNOLOGY AND
ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM,
WITH RESPECT TO ALL
SERVICES AND EQUIPMENT, ANY AND ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS,
IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR
TRADE USAGE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN
SUCH PURPOSE) AND
NONINFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, ANY
SUPPORT
SERVICES AND THE EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS
WITH ALL FAULTS. THE PROVISIONING AND PERFORMANCE OF SERVICE AND
EQUIPMENT IS
SUBJECT TO OTHER FACTORS, INCLUDING WITHOUT LIMITATION,
COMPUTER/SERVER
CONFIGURATION AND CAPABILITIES, PROPER ELECTRICAL GROUNDING,
NETWORK/INTERNET
PERFORMANCE, AMONG OTHER FACTORS BEYOND OUR CONTROL, AND ARE NOT
WARRANTED.
NEITHER GC MOBIL TECHNOLOGY NOR ITS SUPPLIERS WARRANT THAT THE
SERVICE OR
EQUIPMENT PROVIDED BY GC MOBIL TECHNOLOGY WILL MEET YOUR NEEDS,
PERFORM AT A
PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE
UNINTERRUPTED,
ERROR-FREE, OR SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE
OR CONDITIONS,
OR THE LIKE.
7. Your Responsibilities; Protection of Data; Use of the
Service; Notices;
Revisions to Terms of Service.
a. Your responsibilities. You agree that you are solely
responsible for all use
of the Service and the manner in which the Service is used by
you or anyone who
uses the Service, with or without your permission. The Service
is not intended
in the operation of critical data systems, such as those used
for the operation
of communication systems, patient data systems, life support
machines or other
equipment in which the failure of the Service could lead to
death, personal
injury, or severe physical or environmental damage. You also
agree that your use
of the Service is at your own risk and is subject to all
applicable laws and
regulations, and that you will use the Service only within the
United States,
Canada and Mexico or worldwide as stated in the agreement.
Personally
identifiable information ("Personal Information") and any other
information
stored, publicly posted or privately transmitted through or on
the Service or
via the Internet is your sole and exclusive responsibility. You
agree that you
are solely responsible for maintaining the security of your
MOBIL(s), data, and
your facility network including without limitation, encryption
of data or
Content and protection of your User ID, password and personal
and other data. WE
STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF
COMMERCIAL ANTI-VIRUS,
ANTI-SPYWARE, ENCRYPTION SERVICES AND FIREWALL SOFTWARE.
b. Protection of Data and Access to the Service by GC MOBIL
TECHNOLOGY. KEEP
YOUR INFORMATION AND ACCOUNT SAFE. YOU ARE RESPONSIBLE FOR
MONITORING THE
CONTENT, USE OF AND ACCESS TO THE SERVICE, AND/OR ANY USE OF AND
ACCESS TO THE
SERVICE BY MINORS, OR OTHER FACILITY MEMBERS OR ANYONE WITH
ACCESS TO YOUR
SYSTEMS THAT VIEW OR CONTROL THE SERVICES, WHOSE USE AND/OR
ACCESS YOU
AUTHORIZE, EVEN IF SUCH USE AND/OR ACCESS BY A MINOR, OTHER
FACILITY MEMBER OR
ANYONE WITH ACCESS TO YOUR SERVICE IS A RESULT OF YOUR FAILURE
TO SET ANY
APPROPRIATE CONTROL ON THE DEVICES FROM WHICH YOU MONITOR THE
CONTENT AND/OR USE
AND ACCESS TO THE SERVICE.
c. Use of the Services and the connected Equipment. If you do
not effectively
manage the controls and passwords on the Service, your facility
network or the
equipment associated with the Service, unauthorized third
parties may gain
access to your Service or your facility network. You agree that
you are solely
responsible for all use of the Service and the manner in which
the Service is
used by you or anyone who uses the Service, with or without your
permission. The
Service utilizes, in whole or in part, the public Internet and
third-party
networks to transmit data and other communications. You agree
that the Internet
is not a secure network, is not owned, operated or managed by,
or in any way
affiliated with GC MOBIL TECHNOLOGY or its affiliates, and that
third parties
may be able to intercept, access, use or corrupt the information
you transmit
over the Internet. You further agree that neither GC MOBIL
TECHNOLOGY nor its
affiliates owns or controls all of the various facilities and
communications
lines through which the functionality of the Service may be
provided. You agree
that all use of the Service is your sole responsibility, and is
solely at your
own risk. You are solely responsible for obtaining, maintaining
and updating all
equipment and software necessary to use the Service and your
facility network,
and for management of your information, including but not
limited to back-up and
restoration of your data or Content.
YOU AGREE THAT GC MOBIL TECHNOLOGY IS NOT RESPONSIBLE FOR THE
LOSS OF YOUR DATA
OR CONTENT OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA
REGARDLESS OF WHETHER
THIS DATA OR CONTENT IS MAINTAINED ON OUR SERVERS OR YOUR
DEVICE(S). YOU SHOULD
ALWAYS BACK-UP ANY IMPORTANT INFORMATION AND CONTENT SEPARATELY
FROM DATA OR
CONTENT STORED ON GC MOBIL TECHNOLOGY 'S OR ANY THIRD PARTY'S
SERVERS.
8. Indemnification. You agree to indemnify and defend GC MOBIL
TECHNOLOGY and
its Suppliers ("Indemnitees") and hold Indemnitees harmless from
any damages,
costs (including attorneys' and experts' fees) and liabilities
incurred from any
claim, lawsuit or cause of action of any sort arising from your
use of the
Service, or the use of the Service by others, or breach of this
Agreement.
9. Content; Wireless Access; Limitations on Content.
a. Storage Capacity Limitations and Lost Data. You agree that GC
MOBIL
TECHNOLOGY is not responsible or liable for any insufficient
storage capacity or
the deletion of or failure to store Content. You further agree
that GC MOBIL
TECHNOLOGY has no obligation to screen or monitor the
functionality of any
Content or any other materials and information, in any form,
submitted by you;
however, GC MOBIL TECHNOLOGY reserves the right to review
information or
materials uploaded to GC MOBIL TECHNOLOGY or used in any
materials and
information, in any form, and to remove any such information or
materials in its
sole discretion, regardless of whether such material does or
does not violate
this Agreement or any GC MOBIL TECHNOLOGY policies, guidelines,
or other codes
of conduct which are applicable to the Services. You hereby
grant a
non-exclusive, fully-paid and royalty-free, sub-licensable,
assignable,
irrevocable worldwide license to GC MOBIL TECHNOLOGY to provide
all facilities,
to enable those facilities to take all actions, and itself to
take all actions,
with respect to content that may be necessary or reasonable to
provide or to
facilitate the provision of the Services. This foregoing right
and license grant
includes a license or sub-license under any current and future
patents,
copyrights and trademarks owned or licensable by you to the
extent necessary for
GC MOBIL TECHNOLOGY to exercise any license right granted
herein. This license
includes, without limitation: (i.) storing and retrieving the
Content; (ii.)
making the Content available to you; (iii.) conforming to
connecting networks'
technical requirements; (iv.) transcoding Content into a
viewable or otherwise
appropriately perceptible format; and (v.) conforming to the
limitations and
terms of service. In the event of termination of your Service,
GC MOBIL
TECHNOLOGY or its Suppliers will remove and/or permanently
delete from their
servers all of your stored Content, and/or all backup copies
thereof, without
further notice and without liability to you or any third party.
b. Wireless Access. Access to the Services via wireless devices
is network
dependent and further dependent upon the performance your device
available on
your device. GC MOBIL TECHNOLOGY disclaims any functionality and
display issues
that may arise from your access to the Services from your
wireless device. Your
access to the Services from your wireless device is subject to
your wireless
carrier's terms and conditions.
c. Limitations on Content. Your display of Content through the
Service does not
constitute any endorsement of such Content by GC MOBIL
TECHNOLOGY or its
Suppliers. By transmitting, uploading, posting or submitting any
Content through
the Service, you agree (i) that such Content is not
confidential, secret or
proprietary information belonging to you or to someone else; and
(ii) that no
other person has rights to the Content and that your use,
display or
transmission of content does not violate any trademark,
copyright or other
intellectual property laws relating to it. Any web sites linked
to or from the
Service are not reviewed, controlled, or examined by GC MOBIL
TECHNOLOGY or its
Suppliers and neither GC MOBIL TECHNOLOGY nor its Suppliers are
responsible for
the contents of any such sites or any links. ANY DEALINGS THAT
YOU HAVE WITH
THIRD PARTIES INCLUDING FOR EXAMPLE AND NOT AS A LIMITATION, GC
MOBIL TECHNOLOGY
IN REGARD TO INTERNET CONNECTIVITY REGARDING THE SERVICE ARE
SOLELY YOUR
RESPONSIBILITY AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD GC
MOBIL TECHNOLOGY
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS HARMLESS
FROM ANY
LIABILITY OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY
CLAIMS AGAINST GC
MOBIL TECHNOLOGY RESULTING FROM YOUR USE OF THE SERVICE OR SUCH
RELATIONSHIPS.
10. Other Third Party Arrangements. You agree to comply with the
terms of
service that apply to any websites or other services you access
on the Internet
and agree that the third party provider of such services (and
not GC MOBIL
TECHNOLOGY ) is solely responsible for the delivery of its
services(s) to you
and your use of them. Violations of such third party provider's
terms of service
may, in GC MOBIL TECHNOLOGY 's sole discretion, result in the
termination of
your Service. You further agree to indemnify, defend and hold GC
MOBIL
TECHNOLOGY harmless from and against any claims or liabilities
that may result
from your use of such third party services.
11. Termination of Services. Upon termination or expiration of
this Agreement,
you agree to cease use and access of all provided Services and
immediately
delete such access from your mobile device.
12. Customer Equipment; and Backup and Maintenance.
a. Customer Equipment. You are solely responsible for obtaining
and maintaining
any equipment, network connections and software necessary to use
and access the
Service.
b. GC MOBIL TECHNOLOGY Backup and Maintenance. GC MOBIL
TECHNOLOGY may use,
copy, display, store, transmit, translate, rearrange, reformat,
view and
distribute your information to multiple GC MOBIL TECHNOLOGY
servers. GC MOBIL
TECHNOLOGY may access, copy, block or remove any Content stored
on your Service,
whether pursuant to a subpoena or otherwise. We do not guarantee
that these
procedures will prevent the loss of, alteration of, or the
improper access to,
your information.
13. Termination for Default. Either party may terminate or
cancel this Agreement
if the other fails to cure a material breach of the Agreement
within thirty-(30)
calendar days after receiving written notice of the breach.
14. Limitation of Liability. IN NO EVENT SHALL GC MOBIL
TECHNOLOGY OR ITS THIRD
PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR (A)
ANY PUNITIVE,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INCLUDING
WITHOUT
LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT
OF THE USE OR
INABILITY TO USE THE SERVICE, ANY SUPPORT SERVICES, OR THE
EQUIPMENT, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY
CLAIMS AGAINST
YOU BY ANY THIRD PARTY.
YOU AGREE THAT GC MOBIL TECHNOLOGY OR ITS SUPPLIERS WILL HAVE NO
LIABILITY FOR
ANY DAMAGES OR INJURIES TO YOU, OR YOUR PROPERTY INCLUDING FOR
EXAMPLE PURPOSES
ONLY BUT NOT AS A LIMITATION, YOUR MOBILE DEVICE, SOFTWARE, DATA
OR OTHER
ELECTRONIC MEDIA, ELECTRICAL CIRCUITS OR RELATED HARDWARE, FP
SYSTEMS, OR
PERIPHERALS CAUSED DIRECTLY OR INDIRECTLY BY THE SERVICE OR THE
EQUIPMENT. YOU
ALSO AGREE THAT GC MOBIL TECHNOLOGY OR ITS SUPPLIERS WILL NOT BE
LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY FAILURE OF THE SERVICE OR EQUIPMENT
TO PERFORM,
DAMAGES TO YOU OR ANY THIRD PARTY OR YOUR PROPERTY INCLUDING FOR
EXAMPLE
PURPOSES ONLY AND NOT AS A LIMITATION, YOUR MOBILE DEVICE,
SOFTWARE, DATA OR
OTHER ELECTRONIC MEDIA, ELECTRICAL CIRCUITS OR RELATED HARDWARE,
HVAC SYSTEMS,
PERIPHERALS OR SOFTWARE, LOSSES OF OR INJURY TO YOUR BUSINESS OR
DATA, OR FOR
ANY DAMAGES, INCLUDING LOST INCOME OR BUSINESS OPPORTUNITY
RELATING TO OR
CAUSED, DIRECTLY OR INDIRECTLY BY, SERVICE FAILURES, EQUIPMENT
OR UNDERLYING
LINE FAILURES, BY ANY FAILURES OF THE EQUIPMENT OR SOFTWARE WE
PROVIDED, BY YOUR
USE OF THE INTERNET OR BY ANY VIRUSES OR OTHER DISABLING CODE OR
INTRUSIONS TO
YOUR SYSTEM.
YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ALL
CONTENT AVAILABLE
THROUGH OR BY THE USE OF THE SERVICE AND FOR THE PROTECTION,
STORAGE, BACK-UP
AND SECURITY OF YOUR DATA, CONTENT, SOFTWARE, COMPUTER NETWORK
AND OTHER
FACILITIES, AS WELL AS YOUR CHOICE OF EQUIPMENT, YOUR FACILITY
NETWORK AND USE
OF THE SERVICE. THE STORAGE OF SUCH CONTENT, THE CONTENT ITSELF
AND THE ABILITY
TO VIEW SUCH CONTENT IS NOT ENCRYPTED. THE RESULT OF HAVING NO
ENCRYPTION COULD
RESULT IN YOUR CONTENT BEING EASILY ACCESSED BY OTHER THIRD
PARTIES WHO GAIN
ACCESS TO YOUR FACILITY NETWORK OR YOUR ACCOUNT EITHER BY PROPER
OR IMPROPER
MEANS. You agree to provide us with the access to and support
regarding the
Service upon request. GC MOBIL TECHNOLOGY does not filter or
monitor Content
displayed or stored although we reserve the right to do so. WE
RESERVE THE RIGHT
TO ACCESS, DISABLE OR SUSPEND YOUR SERVICE, TAKE DOWN CONTENT OR
TO TAKE ANY
OTHER ACTION WE DEEM APPROPRIATE REGARDING YOUR SERVICE AND/OR
CONTENT IN THE
EVENT WE HAVE REASON TO BELIEVE IT CONTAINS ILLEGAL MATERIAL, IN
RESPONSE TO A
SUBPOENA, COURT ORDER OR OTHER LEGAL REQUEST OR TO PROTECT THE
NETWORK, GC MOBIL
TECHNOLOGY OR OTHER INTERNET USERS. GC MOBIL TECHNOLOGY and/or
its Suppliers
regularly back up Content stored on or via the Service, and
store such
information for a limited time. Neither GC MOBIL TECHNOLOGY nor
its Suppliers
will have any liability for any failure to back up or restore
such Content, or
for interruption, delay or suspension of access to or
unavailability of Content,
or any loss of such information, data or transmissions.
15. Force Majeure. If the performance of any obligation
hereunder is interfered
with by reason of any circumstance beyond our or our third party
licensors,
providers or suppliers' reasonable control, including but not
limited to acts of
God, labor strikes and other labor disturbances, power surges or
failures, or
the act or omission of any third party, we shall be excused from
such
performance to the extent necessary, provided that we shall use
reasonable
efforts to remove such causes of nonperformance.
16. Publicity. You shall not use any trademark, trade name,
trade dress or any
name, picture or logo which is commonly identified with GC MOBIL
TECHNOLOGY or
its affiliates, third party licensors, providers or suppliers,
or from which any
association with GC MOBIL TECHNOLOGY , or its affiliates third
party licensors,
providers or suppliers may be inferred or implied, in any manner
without the
prior written permission of GC MOBIL TECHNOLOGY .
17. Venue, Jurisdiction and Choice of Law. This Agreement shall
be governed by
and construed in accordance with the laws of City of Mexico,
Mexico. The Parties
consent to the sole and exclusive jurisdiction of the federal
and state courts
located in City of Mexico, Mexico with respect to any disputes
arising from any
breach or related to the enforcement of this Agreement.
18. Miscellaneous. The terms and conditions of this Agreement
supersede all
previous agreements, proposals or representations related to the
Service. You
may not assign this Agreement without our prior written consent.
We may freely
assign this Agreement. Any changes to this Agreement, or any
additional or
different terms in your purchase orders, acknowledgments or
other documents,
will not be effective unless expressly agreed to in writing by
us. Any notices
or demands or other communications which under the terms of this
Agreement or
under any statute must or may be given or made by either party
shall be in
writing to the respective parties as set forth herein. If any of
the terms or
conditions in this Agreement are found to be invalid or
unenforceable by a court
or government body, the remaining terms or conditions of this
Agreement shall
not be affected by the finding and shall continue to apply as
necessary to
reflect the original intention of the parties. GC MOBIL
TECHNOLOGY 's failure at
any time to enforce any provision of this Agreement or any right
or remedy
available hereunder or at law or equity, or to exercise any
option herein
provided shall in no way be construed to be a waiver of such
provision, right,
remedy or option or in any other way affect the validity of this
Agreement. The
exercise by GC MOBIL TECHNOLOGY of any rights, remedies or
options provided
hereunder or at law or equity shall not preclude or prejudice GC
MOBIL
TECHNOLOGY from exercising thereafter the same or any other
rights or remedies
or options.
