Terms of Service

NIGHTINGALE SECURITY (“NIGHTINGALE”, “WE” OR “US”) INTERNET WEB SITE TERMS OF USE

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND NIGHTINGALE AND GOVERN YOUR ACCESS TO, AND USE OF, THE NIGHTINGALE WEBSITE LOCATED AT THE URL’S WWW.NIGHTINGALESECURITY.COM AND WWW.NIGHTINGALESYSTEMS.COM (COLLECTIVELY REFERRED TO AS THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. NIGHTINGALE MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE AT ANY TIME. NIGHTINGALE CAN CHANGE THESE TERMS AT ANY TIME. IF NIGHTINGALE MAKES ANY CHANGES, NIGHTINGALE WILL POST AN UPDATED TERMS OF USE ON THIS SITE AND MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions

NIGHTINGALE provides various content through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are made available to you by NIGHTINGALE and are the copyrighted and/or trademarked work of NIGHTINGALE or NIGHTINGALE’s licensors.

NIGHTINGALE grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Materials.

Services

 

Your use of any Nightingale robot as a security services are governed by separate terms and conditions with Nightingale.

 

Privacy Policy

Your use of this Site is governed by the NIGHTINGALE Privacy Policy, which is available at http://www.nightingalesecurity.com/privacy-policy/ (the “Privacy Policy”).

Third Party Content

Certain information and other content on the Site may be the material of third party licensors and suppliers to NIGHTINGALE (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. NIGHTINGALE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

This Site may be linked to other sites that are not NIGHTINGALE sites. NIGHTINGALE is providing these links to you only as a convenience, and NIGHTINGALE is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Unauthorized Activities

Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold NIGHTINGALE and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) NIGHTINGALE or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights

NIGHTINGALE is a trademark of NIGHTINGALE in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of NIGHTINGALE, Copyright © 2017 Nightingale Security All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

Your use of this Site is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by NIGHTINGALE, and they may include inaccuracies or typographical or other errors. NIGHTINGALE does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. NIGHTINGALE has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by NIGHTINGALE or our licensors.

NIGHTINGALE, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NIGHTINGALE DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

NIGHTINGALE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL NIGHTINGALE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF NIGHTINGALE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

NIGHTINGALE controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General

If you violate these Terms, NIGHTINGALE may terminate and/or suspend your access to this Site without notice. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in the county where Nightingale’s corporate headquarters are located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure to require performance of any provision shall not affect a party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of a these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. NIGHTINGALE’s failure to enforce any of these Terms is not a waiver of such term. All of the terms and conditions of these Terms shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of the parties. These Terms, and any other agreements referenced herein, are the entire agreement between you and NIGHTINGALE and supersede all prior or contemporaneous negotiations, discussions or agreements between you and NIGHTINGALE about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.