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.
