Southwest Remote LLC
New Mexico, USA
Updated: September 24th, 2016
Southwest Remote LLC (also referred to herein as "Southwest Remote", "we", or "us") provides access to it's web site, web application, and related services subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein by reference. Please read this agreement carefully before entering the site, and refer to these terms as necessary as you explore the web site. The terms of this agreement provide the conditions upon which Southwest Remote agrees to provide you access to this site. If you disagree with any provision contained herein, and/or do not wish to accept these conditions, do not visit the Southwest Remote web site or use its services.
Southwest Remote is sometimes referred to herein as "we", "us", "our", or "Southwest Remote" and the user is sometimes referred to as "you", "your", "user" or "customer".
1. Registration obligations.
When you are registering an account to use our online services, you need to provide some required personal information and proceed with related verifications, as may be required by the communication regulations and statutes of different countries. You agree to:
(i) provide true, accurate, current, and complete information about yourself.
(ii) complete additional verification of your personal information as may be required.
(iii) maintain and promptly update your registration data to keep it true, accurate, current, and complete. Southwest Remote has the right to call you directly to provide assistance should you encounter problems using our products or services. Accurate information is very important for us to resolve your problems and improve our service. You are responsible for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to believe is, untrue, inaccurate, misleading, not current, or incomplete, we may suspend or terminate your account and/or services, or any portion thereof.
2. Account, password, and security.
If you use any part of our online services that requires a login email or password, then you are responsible for maintaining the confidentiality of that email and password and for restricting access to your computer, and you agree that you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality, and for all activities that occur under your account or password. You agree to (i) immediately notify Southwest Remote of any unauthorized use of your account or password or any other breach of security, and (ii) ensure that you exit from your account at the end of each session of online services. Southwest Remote reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of your account and your online services, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Southwest Remote will not be liable for any loss or damage arising from your failure to comply with this Section.
3. Products and services.
We are devoted to providing the best products and services for our customers. To allow us to provide high quality, dependable services, the software for our web application and the firmware for the associated devices may be upgraded automatically through the Internet without any advance notification. As part of this process, we will use all reasonable efforts to minimize disruptions to your use of and access to our services to the greatest extent possible.
4. Prohibited uses.
(i) Lawful purposes only.
You may use our service and your connected devices only for lawful, proper and appropriate purposes. You may not use our service or your devices in any way that is illegal, improper or inappropriate.
We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or Southwest Remote, its parent, affiliates, directors, officers, agents, and employees from harm.
(iii) Providing information to authorities and third parties.
You consent to our forwarding of any information required by the authorities as follows:
1. in response to law enforcement or other governmental agency requests;
2. as required by law, regulation, rule, subpoena, search warrant, or court order;
3. as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
4. to protect Southwest Remote's rights and property; or
5. in emergency situations where disclosure of such information is necessary to protect Southwest Remote customers or third parties from imminent harm.
Our web site contains proprietary and confidential information of Southwest Remote and its suppliers, including engineering documents, manuals, software, and other technical and marketing information. You agree to keep this information confidential and to use the information solely for the purpose of using our web site and services in accordance with this agreement, and maintaining and supporting your Southwest Remote products. You also agree to be careful with this information and to only disclose it within your company to employees on a need to know basis who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any Southwest Remote confidential and proprietary information that you receive. Unless otherwise stated, any information you provide at our web site shall be deemed to be non-confidential.
6. Copyright notice; intellectual property rights.
Southwest Remote authorizes you to copy materials published by Southwest Remote on the web site solely for non-commercial use in support of Southwest Remote products and services. Should you make any copies of these materials, you shall retain all copyright and other proprietary notices in the same form and manner as on the original. Any software that you download is governed by the license terms accompanying the software or as otherwise specified.
Our web site content, materials, services, logos, service marks and trademarks are the intellectual property of Southwest Remote and are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Except as otherwise expressly provided herein, Southwest Remote grants no express or implied right under any patents, copyrights, trademarks, or other intellectual property rights in our web site, services or products. Infringement by you may result in civil or criminal prosecution.
The information on our website, as well as our services and products, are provided "as is". We make no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness of the service or product for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that our web site, services or products will be without failure, delay, interruption, error, degradation of quality, or loss of content, data, or information.
You hereby acknowledge some Southwest Remote product(s) and service(s) are not encrypted and that information may be intercepted during transmission to or from our site, the service(s) or the product(s) and that Southwest Remote cannot and does not guarantee that the use of the Software, our website, service(s) or product(s) is completely secure. You hereby agree to assume any and all risk associated with the unauthorized access to your information during transmission of such information.
Neither Southwest Remote nor its officers, directors, employees, affiliates, suppliers or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft, or destruction of, your data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of Southwest Remote's or its service providers' or vendors' negligence.
Although Southwest Remote attempts to provide accurate information on our web site, Southwest Remote assumes no responsibility for the accuracy of the information. Southwest Remote may change the programs or products mentioned at any time without notice. Mention of non-Southwest Remote products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
Southwest Remote will not be liable for loss or damage caused by the following circumstances:
(i) A user's intentional manufacture and distribution of intercepted recorded images or video and placement of them in any newspaper, magazine, or other publication or dissemination by electronic means.
(ii) Any derivational issues or unlawful actions arising from a user's dissemination of recorded images from the cameras without the other party's consent.
8. Limitation of liability.
IN NO EVENT SHALL SOUTHWEST REMOTE, ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, LICENSORS OR NETWORK SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, CLAIMS, OR COSTS, SUCH AS BUT NOT LIMITED TO LOSS OF GOODWILL, PROFIT OR DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE TRANSACTIONS CONTEMPLATED HEREUNDER, INCLUDING THE USE OF OR INABILITY TO USE OUR WEB SITE, SERVICES AND/OR PRODUCTS, THE INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE EMERGENCY DIALING SERVICE OR TO OBTAIN EMERGENCY HELP, AND UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF SOUTHWEST REMOTE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, AS WELL AS CAPURTURING INGOING AND OUTGOING DATA, SOUTHWEST REMOTE DOES NOT WARRANT THAT THE PRODUCT, SOFTWARE OR SERVICES, OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE PRODUCT, SOFTWARE OR SERVICES ARE USED WILL BE FREE OF VULNERABILITY TO INTRUSION, ATTACK OR CAPTURING OF DATA.
SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS SET FORTH IN THIS SECTION 8 MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Ownership of feedback.
Southwest Remote welcomes your comments and feedback regarding our products, services, and web site. With respect to all information and materials transmitted or posted to this web site, including but not limited to comments, feedback, ideas, questions, designs, suggestions, data, and graphics ("Contributions"), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Southwest Remote is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Southwest Remote shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Southwest Remote may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Southwest Remote without any obligation of Southwest Remote to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Southwest Remote under any circumstances.
10. Your representations and warranties.
You represent and warrant that you possess the legal rights and ability to enter into this agreement and to comply with its terms. You will use our web site, services and products for lawful purposes only in accordance with this agreement and all applicable laws. You agree you will not use any device or process to interfere with the proper working and security mechanism of our web site, services, and products. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our web site, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the web sites if we think that they are creating issues or possible legal liabilities, or are acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
11. Collection and use of personal information.
12. Third party links.
Southwest Remote may provide links to other web sites that we think may be relevant and interesting to our users ("Third Party Links"). Southwest Remote is not responsible for the content on the Third Party Links and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Third Party Links may provide you with opportunities to purchase products. We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
You will indemnify and hold harmless Southwest Remote and its officers, directors, affiliates, employees and licensors, and any other service provider who furnishes services to you for our service, from and against any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees): (A) made by any third party due to or arising out of your breach of this agreement, or your violation of any law or the rights of a third party, and (B) incurred by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, emergency dialing, or your device, or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
Southwest Remote shall not be responsible for any infringement related to or resulting from, either directly or indirectly, use of our web site, the services, the products, or otherwise.
14. Waiver of claim or causes of action.
Southwest Remote's text alert system is for informational purposes only and uses the public the Internet, third party Email, SMS, and Cellular networks for it's text alert service. Southwest Remote is not responsible for delayed or undelivered text message alerts. You waive all claims or causes of action arising from or relating to our text alert service.
15. Liability for content.
You are responsible for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device. You promise that you and anyone who uses your service and all your and their content will comply at all times with all laws, regulations, and written and electronic terms and conditions for using the our web site, services and products.
16. Force majeure.
Southwest Remote shall not be liable for any failure or delay in the performance of its obligations due to strikes, riots, fires, explosions, acts of God, war, terrorism or cyber-terrorism, governmental action, shortage of labor or materials, or any other cause which is beyond its reasonable control.
Furthermore, Southwest Remote shall not be liable for the following service outages should they, or any of them, cause the loss of services: (i) Power failure or disruption. If there is an interruption in the power supply, web services will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure your devices prior to utilizing our services. (ii) Internet outage or suspension or termination of your broadband service or ISP Service. (iii) Your ISP or broadband provider's blocking of ports or other acts. (iv) Maintenance by your ISP, broadband provider or Southwest Remote.
17. Governing law and jurisdiction.
Claims related to or arising under this agreement shall be governed by the laws of New Mexico, USA. Please note that your use of our web site, services and/or products may be subject to other local, state, national, and international laws. You hereby agree to submit to exclusive jurisdiction of New Mexico for any claim or dispute arising out of or related to this Agreement, including claims related to our web site, services and products, and you further agree and expressly consent to the exercise of personal jurisdiction in New Mexico District Court in connection with any such dispute, including any claim involving Southwest Remote or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. , subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be struck and the remaining provisions shall continue in full force and effect. Headings are for reference purposes only and do not limit the scope or extent of such section.
19. Entire agreement.
This agreement, including any future modifications to its terms, and the rates for services found on our web site, constitute the entire agreement between you and Southwest Remote with respect to the subject matter hereof. This agreement governs your use of our web site, and the use of our services by the members of your household and your guests and employees. It supersedes all prior or contemporaneous statements, understandings, writings, commitments, representations and agreements between you and Southwest Remote concerning its subject matter.
20. Changes to agreement.
We may amend this agreement at any time by posting the amended terms on our web site. Your continued use of our web site, services and/or products shall constitute your acceptance of such revised agreement. This agreement may not be otherwise amended except in a writing signed by you and us.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall so survive.
22. Termination of service.
We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice on the following terms:
(i) Unlawful or Inappropriate Use: If we determine that you have used our web site, services or products for an unlawful or inappropriate purpose, or if we determine that your use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others.
(ii) Non-payment: If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges.
(iii) Violation of laws of jurisdiction: If we determine that you have used our web site, services or products in violation of any applicable local, state, national, and/or international laws and regulations.
23. No third party beneficiaries.
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any other third party beneficiary rights.
24. Legal age.
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
If you have any questions or concerns about this agreement or our web site, please contact us at: firstname.lastname@example.org
Southwest Remote LLC - New Mexico, USA - 2016