IMPORTANT NOTICE: THIS IS A LEGAL AGREEMENT BETWEEN DGA SECURITY SYSTEMS, INC. (“COMPANY”) AND THE PARTY THAT USES THIS APPLICATION (THE “APPLICATION”), WHO ACCEPTS THE TERMS OF THIS AGREEMENT FOR HERSELF, HIMSELF OR ITSELF (AS APPLICABLE, “USER” OR “YOU”).

PLEASE NOTE THAT YOU NEED NOT AGREE TO BE BOUND BY THIS AGREEMENT.  HOWEVER, IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU ARE NOT PERMITTED TO USE THE APPLICATION, THE MONITORING SERVICES (AS DEFINED HEREIN) OR ANY OTHER SERVICES PROVIDED BY COMPANY (COLLECTIVELY, THE “SERVICES”), AND SHALL NOT HAVE ANY RIGHTS HEREUNDER AS A “USER.” IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR IF YOU DO NOT HAVE PERMISSION TO UTILIZE THE SERVICES, YOU DO NOT HAVE OUR PERMISSION TO USE THE APPLICATION AND YOU SHOULD PROMPTLY UNINSTALL THE APPLICATION AND DISCONTINUE USE OF THE SERVICES.

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. USER’S USE OF THE APPLICATION SIGNIFIES USER’S AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. BY SIGNING INTO THE APPLICATION, USER ACKNOWLEDGES THAT THE ORGANIZATION THAT CONTRACTED WITH COMPANY (THE “SUBSCRIBER”) TO HAVE THE ALARM SYSTEM (THE “SYSTEM”) INSTALLED, SERVICED AND/OR MONITORED BY COMPANY HAS GRANTED USER, AS AN EMPLOYEE OR AGENT OF THE SUBSCRIBER, PERMISSION TO USE THE APPLICATION.  IF THE SUBSCRIBER TERMINATES USER’S EMPLOYMENT, AGENCY OR OTHER RELATIONSHIP WITH THE SUBSCRIBER, USER AGREES TO PROMPTLY UNINSTALL THE APPLICATION AND DISCONTINUE USE OF THE APPLICATION AND THE SERVICES.

COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION TO CHANGE, MODIFY, ADD OR REMOVE ANY PORTION OF THESE TERMS AND CONDITIONS AT ANY TIME AND FOR ANY REASON.  CHANGES TO THESE TERMS AND CONDITIONS WILL BE EFFECTIVE WHEN MADE AVAILABLE THROUGH THE APPLICATION.  YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF ANY CHANGES.  USER’S CONTINUED USE OF THE APPLICATION AFTER ANY CHANGES TO THE TERMS OR CONDITIONS OR THE APPLICATION WILL BE CONSIDERED ACCEPTANCE OF THESE CHANGES.

THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  USER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 2 AND 5 HEREOF.

1. Termination. Company may suspend services or terminate this Agreement at any time upon sending electronic written notice to You five (5) days before the suspension or termination date.
2. DISCLAIMER/LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE: THAT NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, “REPRESENTATIVES”) IS AN INSURER; THAT YOU OR THE SUBSCRIBER CURRENTLY HAVE AND SHALL ALWAYS MAINTAIN INSURANCE COVERING THE PREMISES, YOU, OTHER EMPLOYEES AND/OR AGENTS AND OTHERS WHO MAY BE ON THE PREMISES OR USE THE SYSTEM, FOR MEDICAL, DISABILITY, LIFE, AND PROPERTY DAMAGE; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE, COST AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY; AND THAT COMPANY AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, THE IMPROPER OPERATION OR NON-OPERATION OF THE APPLICATION OR THE SYSTEM, BREACH OF CONTRACT, EXPRESS OR IMPLIED, BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE APPLICATION AND THE SYSTEM, TRANSMIT ANY SIGNAL OR OPERATE ANY MONITORING FACILITY.YOU FURTHER UNDERSTAND AND AGREE: THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR REPRESENTATIVES FOR ANY LOSS, DAMAGE, COST OR EXPENSE DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE WHICH OCCURS BEFORE OR AFTER THE DATE YOU BEGIN USING THE APPLICATION, PRODUCT OR STRICT LIABILITY, BREACH OF WARRANTY, EXPRESS OR IMPLIED, BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR FOR CONTRIBUTION OR INDEMNIFICATION, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $2,500.00 COLLECTIVELY FOR COMPANY AND REPRESENTATIVES.IN THE EVENT THAT YOU WISH TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY, PRIOR TO AN OCCURRENCE RESULTING IN DAMAGES TO YOU, AS A MATTER OF RIGHT, OBTAIN A HIGHER LIMIT BY PAYING A CHARGE FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS CHARGE OR ANY HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY OR REPRESENTATIVES AS AN INSURER.
3. Transmission of Data or Voice. You acknowledge and agree that the System may be unsupervised. If the transmission medium for delivery of data or voice communications from your System to the monitoring facility is incompatible with the system, inoperative, circumvented, compromised or interrupted by natural or human causes including, without limitation, the cutting of a telephone line, radio transmission interference, wireless carrier malfunction, power line surges or outages, or internet or internet provider problems, there is no indication of this fact at the monitoring facility. Further, You understand that a two-way voice system enables Company to “listen-in”. You authorize and consent to Company listening-in and release Company and Representatives for all claims, losses, damages, costs and expenses due to Company listening-in to You or the Premises.
4. Release of Insured Losses and Waiver of Subrogation. You hereby waive any rights your insurance company may have to be reimbursed by Company or Representatives for money paid to You or on your behalf. You hereby release Company and Representatives for all losses, damages and expenses which are insured.
5. INDEMNIFICATION. IF ANYONE OTHER THAN YOU, INCLUDING YOUR INSURANCE COMPANY, ASKS COMPANY OR REPRESENTATIVES TO PAY FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) DUE TO (I) BREACH OF CONTRACT OR WARRANTY, EXPRESS OR IMPLIED, (II) ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE BY COMPANY OR REPRESENTATIVES, (III) FAILURE OR MALFUNCTION OF THE APPLICATION, THE SYSTEM, THE SERVICE OR THE MONITORING FACILITY, (IV) RECORDING OF SIGNAL OR AUDIO COMMUNICATIONS OR VIDEO SURVEILLANCE/RECORDING, (V) PRODUCT OR STRICT LIABILITY, OR (VI) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, YOU AGREE TO PAY (WITHOUT ANY CONDITION THAT COMPANY OR REPRESENTATIVES FIRST PAY) FOR ALL LOSSES, DAMAGES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY COMPANY OR REPRESENTATIVES.
6. Suspension of Service. Should the Subscriber default under its agreement with Company, or upon termination or suspension of Services for any reason under Company’s agreement with the Subscriber, or if the System excessively signals Company’s monitoring facility without apparent reason, You unconditionally and irrevocably authorize Company to, without limitation, concurrently or consecutively, do any one or more of the following: prevent further use of the Application by User, ignore all signals received from the System, disconnect the System, or render the System incapable of signaling locally or communicating with the monitoring facility by deletion or modification of data necessary to operate the System and Company’s obligations hereunder are waived automatically without notice to you.You agree that Company’s obligations hereunder are waived automatically without notice and You release Company for all loss, damage and expense in the event the monitoring facility, equipment, or facilities necessary to operate the System or monitoring facility are interrupted, circumvented, compromised, destroyed, damaged, inoperable or malfunction (collectively, an “Interruption”) for any reason whatsoever, for the duration of such Interruption of service.
7. WAIVER OF TRIAL BY JURY. TO THE EXTENT NOT PROHIBITED BY LAW, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR OTHER PROCEEDING, LEGAL OR EQUITABLE, BROUGHT BY EITHER PARTY ARISING OUT OF OR FROM, IN CONNECTION WITH, RELATED TO, OR AS A CONSEQUENCE OF THIS AGREEMENT.
8. Governing Law. To the fullest extent permitted by law, and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the State of New York, without regard to its conflict of law principles. All controversies, disputes, demands, counts, claims, or clauses of action between You and us shall be exclusively brought and heard in the state courts located in New York, New York, without any right to remove to Federal Court.
9. Contractual Limitation of Actions. All claims, actions or proceedings, legal or equitable, against Company or Representatives must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or said claim, action or proceeding is barred. The time period in this paragraph must be strictly complied with.
10. Assignability of Agreement. This Agreement is not assignable by you. This Agreement or any portion thereof is assignable by Company and, upon assignment, Company shall have no further duty, obligation, responsibility or liability to you.
11. Monitoring Service. The monitoring service (the “Monitoring Service”) consists solely of Company notifying the persons, identified in advance by You or Subscriber in writing, (the “Contact List”) and emergency response authorities (“First Responders”) using the contact information supplied by You or Subscriber upon Company’s receipt of oral instructions, signals, data or other communication reporting conditions that require assistance (a “Response Condition”) within a reasonable period of time (i) under the circumstances at Company monitoring facility and (ii) the priority of the Response Condition as determined by the Company upon receipt. If First Responder contact information is not supplied by You or Subscriber, Company will use commercially reasonable efforts to determine such information, but Company is relieved of all liability related to failure to obtain, obtaining and using all such information, even if Company is negligent in any such respect. You understand, acknowledge and agree that (a) following a Response Condition but before contacting any First Responders, Company may, in its sole and absolute discretion and without any liability, contact or attempt to contact You or your Contact List as frequently as Company deems appropriate to verify the need to notify First Responders of the Response Condition, and (b) after receiving advice, oral, electronic or written, from You, any person on the Call List, any person at or about the Premises, any person at the Premises, or any person who communicates with us through the System, to disregard the Response Condition, Company may, in each case, and in its sole and absolute discretion and without any liability, refrain from contacting First Responders or advise First Responders of the receipt of such advice to disregard the Response Condition.No Services shall be rendered for (i) signals that have not been specified and defined in advance in writing by You or Subscriber, (ii) video or audio which, in the sole and absolute discretion of Company’s systems and personnel, does not clearly and conspicuously reveal the necessity for Monitoring Services, or (iii) voice communication from You, or any person on behalf of Subscriber, which does not request assistance. You are solely liable for any activation or use of the System and any costs, expenses, losses, damages and liabilities arising out of or from or related to services and actions requested of Company in connection with this Agreement, even if You are not the one activating or using the System or making the request of Company, and even if the activation or use of the System or the request of Company is unauthorized by You.Company’s efforts to communicate with the Contact List or with First Responders shall be satisfied by (a) reporting of a Response Condition to any person on the Call List or any First Responder or (b) if efforts to communicate are unsuccessful, one attempt to contact (i) each person on the Contact List and (ii) the applicable First Responder(s).The Monitoring Service is (i) subject to all applicable laws, rules, regulations, policies and tariffs (collectively, “Laws”), and (ii) may be subject to transmission limitations, delays and other problems inherent in the use of any communication path including, without limitation, the failure, malfunction or interruption of any communication path due to human or natural causes including, without limitation, telephone, cellular, radio, global positioning system, location services, satellite and internet connectivity problems or provider problems, radio, satellite or cellular transmission interference caused by, among other reasons, atmospheric or topographical conditions, and force majeure events (collectively, “Problems”).  Company is not responsible for or liable for any delays, delivery failures, loss or damage resulting from Laws or Problems.
12. Information Provided by User. All information (“Information”) provided by You via the Application or otherwise in connection with the Services under this Agreement (and all additions, modifications or changes thereto) shall be (i) your sole and absolute responsibility, (ii) accurate, complete and sufficient and (iii) in writing or electronically transmitted by You to Company. No oral communication shall be binding on Company. Notwithstanding the foregoing, in the event Company itself provides or agrees to provide any of the Information, User hereby releases Company for any and all acts, errors or omissions of Company, including Company’s active or passive sole, joint or several negligence of any kind or degree arising out of or from or related to Company providing, failing to provide or agreeing to provide any Information.
13. Integrated Agreement. This instrument contains the entire agreement between You and Company. Neither party has authority to make or claim any representation, term, promise, condition, statement, warranty, or inducement (collectively, “Inducement”) which is not expressed herein. You and Company each represent that it/he/she is not relying on any Inducement in signing this Agreement which is not expressed in the Agreement.
14. Valid Agreement. Should any provision hereof (or portion thereof), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.
15. Right to Subcontract. Company may, in its sole and absolute discretion, subcontract for the provision of Services under this Agreement. You agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any Service to you, and bind You to said subcontractor with the same force and effect as they bind You to Company.
16. Consent to Intercept, Record, Disclose And Use Contents of Communications. We and our monitoring facility may record and monitor conversations and other communications between our personnel or the personnel of our monitoring facility and you, for yourself and as the authorized agent of the Subscriber and Subscriber’s guests, agents, servants, representatives and other employees (individually and collectively, “Any Person”). You authorize and consent to such recording and monitoring for yourself and Any Person. Please note that our personnel may also remain on the telephone line if they conference in a third party to assist in completing a service request. You agree that Company is not required to release any recorded conversations or communications or physical records that are created by or on behalf of Company unless required by law. We do not guarantee the availability or competence of any translator if You cannot communicate in English.
17. User Obligations. If the employment or other agency relationship between You and the Subscriber terminates, or if You no longer use the Premises or System, You shall immediately cease using the Application, the System and the Services.
18. Paragraph Headings. The paragraph titles used herein are for convenience of the parties only and shall not be considered in construing the provisions of this Agreement.
19. Subscriber as Agent; Ratification; Retroactive Date. You hereby irrevocably appoint the Subscriber as your agent to give direction to Company as if done by You in your own right concerning any and all matters arising out of or from, in connection with or related to the performance of Services. In the event of a conflict between instructions provided by You and the Subscriber, Company will follow the instruction of the Subscriber in all instances. You hereby ratify and confirm all prior and contemporaneous acts of the Subscriber in accordance with this paragraph which You acknowledge and agree shall be and is deemed to be retroactive to the initial date Company performed any Services for You or on your behalf as an employee or agent of the Subscriber.
20. Storage of Agreement and Information. User authorizes Company to store or retain this Agreement and all Information and other materials on electronic data or other storage media and, in the sole and absolute discretion of Company, to destroy all documents or materials which have been stored or retained on electronic data or other storage media.
21. Use of Application. The materials contained in the Application are the property of Company or are owned by a third party and are used by Company under license. The Application is a secured on-line program that allows User to manage the Services.  User is responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment necessary to utilize the Application, including, without limitation, utilizing up to date access devices and the best commercially available encryption, antivirus, anti-spyware and internet security software. The Application incorporates software that consists of interactive internet applications that perform a variety of communications over the internet and/or wireless carriers as part of their normal operation.  Some of the communication features are automatic and are enabled by default.  By accepting this Agreement, User consents to the Application communications features, which include, among other things, communication of User’s account information between the Application and Company’s servers or the servers of Company’s subcontractors.User’s information, including the Password (as defined below), may be sent in communicating with Company’s servers or the servers of Company’s subcontractors over the internet and/or mobile data networks.  Company and its subcontractors may match this information to personally identifiable information. User understands and agrees these communications may not be encrypted and may include personal or confidential information about User such as User’s account activity or status. User acknowledges there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet and mobile data networks, and User hereby expressly assumes such risks.  Company is not responsible for any errors or problems that arise from the malfunction or failure of Company’s servers, the internet, mobile data networks or User’s software, hardware or other equipment nor is Company responsible for notifying User of any upgrades, fixes or enhancements to, or providing technical or other support, to User’s software, hardware or other equipment.User’s ability to access the Application may be limited during periods of high volume, systems upgrades and maintenance or for other reasons. Company will not be liable to User if You are unable to access the Application.
22. Access Fees. User is responsible for paying any wireless carrier, telephone company or utility charges and/or internet access service fees incurred while using telephone lines, mobile data networks and/or internet access services to connect with the Application.
23. Passwords. Company may at our option change the parameters for the password used to access the Application (“Password”) without prior notice to you, and if we do so, User will be required to change the Password the next time User accesses the Application. To prevent unauthorized access to User’s accounts and to prevent unauthorized use of the Application, User agrees to protect and keep confidential the Password or other means of accessing User’s account via the Application. The loss, theft, or unauthorized use of the Password could cause User to incur losses at User’s Premises. It could also permit unauthorized persons to gain access to the Premises. User assumes all risks, damages, costs, expenses and losses associated with any such disclosure by any party.
24. License. Subject to these terms and conditions, Company grants User a non-transferable license to use your Password to access your account on the Application for User’s personal use, and to use the Application in accordance with these terms and conditions, solely to facilitate User’s business with Company. User agrees that no other third party will be permitted to use or access the Password or Application and User shall not use any proprietary or confidential information contained in the Application for any purpose other than to facilitate User’s business with Company. User may not publish, display, disclose, modify, distribute or create derivative works based on the Application other than in the regular course of facilitating User’s business with Company.  User may not reverse engineer, attempt to derive the source code of, recompile, translate, adapt or disseminate the Application or any part thereof.  User may not sublicense, distribute, export or resell any portion of the Application or otherwise transfer any rights. User may not transmit any account information to any third party without Company’s prior written consent.  User agrees to comply with all trademark, copyright and other laws worldwide in User’s use of the Application and to prevent any unauthorized copying of the materials and information contained in the Application.  Except as expressly provided in these terms and conditions, Company does not grant any express or implied right to User under any patents, trademarks, copyrights or trade secret information.User has no ownership rights in the Application.  Rather, User has a license to use the Application so long as these terms and conditions remain in force and effect.  User understands and agrees that Company may revoke User’s use of the Application at any time in Company’s sole discretion.  Ownership of this Application and User’s account information, and all intellectual property rights therein shall remain at all times with Company and its licensors. Company expressly reserves all rights not granted to User herein.  Any use of the Application by any person, business, corporation, government organization or any other entity other than the uses permitted under this Agreement is strictly forbidden.  User acknowledges and agrees that any feedback, comments or suggestions User provides to Company regarding the Services and the Application (“Feedback”) will be the sole and exclusive property of Company, and User hereby irrevocably assigns to Company all of User’s right, title and interest in and to all Feedback.
25. Trade Secrets. User acknowledges that this Application and your account information contain Company’s proprietary trade secrets and User hereby agrees to maintain the confidentiality of this Application using at least as great degree of care as User uses to maintain the confidentiality of User’s most confidential information. User agrees to communicate the terms and conditions set forth in this Agreement to all persons who will have access to the Application and the Services, and to require each such person to be bound by these obligations.
26. NO WARRANTIES FOR APPLICATION. THE APPLICATION IS PROVIDED TO USER “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL MEET ANY OF THE REQUIREMENTS OR NEEDS OF USER, OR THAT THE APPLICATION WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE APPLICATION WILL BE CORRECTED. COMPANY DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT ANY FILES CONTAINED IN THE APPLICATION WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.  USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY USER’S PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AN OUTPUT.  USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USER’S USE OF THE APPLICATION.  Some states do not allow the disclaimer of implied warranties.  This warranty gives User specific legal rights and User may have other legal rights that vary from state to state.
27. Trademarks. The trademarks, trade names, logos, service marks, trade dress and products (collectively, the “Trademarks”) displayed in the Application are the registered and unregistered Trademarks of the Company and the registered and unregistered Trademarks of others. The Trademarks displayed in the Application are protected in the United States and internationally.  Nothing contained in the Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed in the Application without Company’s prior written consent.  User’s use of the Trademarks displayed in the Application, except as permitted by this Agreement, is strictly forbidden. The materials in the Application are protected by copyright and trademark laws of the United States and internationally, and are owned by, or licensed to, Company.  All content in the Application is controlled by Company. The contents of the Application, including any images, text, executable code and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted or otherwise used except as provided by this Agreement.
28. Records; Communications. Company’s records used in connection with the Application, kept in the regular course of business, shall be presumed to accurately reflect the contents of User’s instructions to us and, in the absence of manifest error, will be binding and conclusive. Unless otherwise prohibited by law, any communication or material User transmits to Company via the Application or electronic mail is on a non-confidential basis and Company may use such communication or material for any purpose, including reproduction, publication, broadcast and posting. Company is entitled, but not obligated, to monitor, retain and review all communications, including those by telephone, e-mail and other formats, for reasonable business purposes, such as to survey the quality of service that User receives, to assure compliance with this Agreement and to maintain the security of the Application. Please note that upon submission, any suggestion, idea, proposal or other material User provides to us becomes Company’s property without limitation or further consideration.
29. Site Links. The Application may contain links to other third party web sites. Company is not responsible for, nor does Company control, the content, products, or services provided by linked sites. Company does not endorse or guarantee the products, information or recommendations provided by linked sites, and is not liable for any failure of products or services advertised on those sites. In addition, each third party site may provide less security than Company does and have a privacy policy different than that of the Company. User’s access, use and reliance upon such content, products or services is at User’s own risk
30. Termination of License. User’s license to use the Application will immediately and automatically terminate without notice if (i) User fails to comply with the terms and conditions herein, (ii) the employment, agency or other relationship between User and the Subscriber is terminated or (iii) if Company otherwise terminates this Agreement as permitted hereunder. Upon termination, User’s Password will no longer be valid and User shall no longer have the right to use the Application. All provisions relating to confidentiality, ownership rights, indemnity, limitation of liability, hold harmless and non-disclosure shall survive such termination.