Terms of Use for SecurityGauge.com
Please read these terms of use carefully before accessing, visiting, using, viewing, purchasing, reading, printing, and/or downloading (collectively, “using” or “use” as used herein) this SecurityGauge.com site and its contents, reports, data, links, information, and/or other materials (collectively, the “service” as used herein). By using the service, you agree to be bound by these terms of use, as may be amended, revised and/or updated, and you acknowledge that such agreement constitutes a binding contract between you and LOCATION, INC. Group Corporation (“LOCATION INC.”). If you do not agree to these terms of use, you are not permitted to use the service. LOCATION, INC. Reserves the right, in its sole discretion, to amend, update and/or revise these terms of use. Please periodically check these terms of use for amendments, revisions and/or updates. Your continued and/or subsequent use of the service after the posting of amendments, revisions and/or updates to these terms of use constitutes acceptance of the terms of use as amended, revised and/or updated.
1. General
This Site and its contents are owned, developed and operated by LOCATION, INC. LOCATION, INC. has the right, at any time and in its sole discretion, to amend, substitute, modify, change and/or discontinue any aspect or feature of the Site, including, without limitation, available content, hours of availability, and equipment and/or software needed to use, the Service.
Many if not most communications between LOCATION, INC. and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications and/or information delivered and/or exchanged by and/or between you and LOCATION, INC. electronically shall satisfy any legal requirements that the same be in writing.
2. Restrictions on Access
The Service contains copyrighted material, trademarks, patented and patent-pending data, and other proprietary information, including, without limitation, text, data, information, reports, printouts, compilations, presentations, maps, software, photos, and graphics (collectively, the “Content”). The Content and the Service, as well as the organization, layout, arrangement and design elements of the Content and the Service (and each individual page of, download from, and/or product of the Service), are the property of LOCATION, INC. and/or its affiliates, subsidiaries, contractors, licensors, and/or licensees, and are protected by United States and international copyright, trademark and other applicable laws, including, but not limited to, those governing intellectual property. You may not and shall not use, modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way utilize and/or exploit the Service and/or any of the Content, in whole or in part. No use, copying, redistribution, retransmission, publication or exploitation of downloaded material and/or material set forth in or on the Site and/or in any way associated with the Content is permitted without the express written permission of LOCATION, INC. or the copyright owner. In the event of any permitted use, copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made or permitted. You hereby acknowledge that you do not acquire any ownership and/or use rights by using the copyrighted material and/or any aspect of the Service and/or the Content, or by using the Service and/or the Content.
LOCATION, INC. offers you limited access to the Service and to the Content solely for the limited purpose of enabling you to see, generally, the services, reports, and offerings of LOCATION, INC. and determine whether you wish to purchase access to the services, reports, and offerings provided by LOCATION, INC. You may not and are not permitted to: (a) use, print, download and/or copy all and/or any portion of: (i) the Site or the Content in any manner whatsoever; (ii) any product listings, descriptions, or prices provided by LOCATION, INC., the Site and/or the Content; and/or (iii) any account information; (b) make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any information provided by LOCATION, INC., the Site and/or in any of the Content; (c) engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service; (d) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including data, ratings, descriptions, images, text, page layout, or form) of LOCATION, INC. and/or its affiliates, subsidiaries, contractors, licensors, and/or licensees without prior express written consent; (e) use meta tags or any other “hidden text” utilizing LOCATION, INC., SECURITYGAUGE®,NEIGHBORHOODSCOUT REPORTS or NEIGHBORHOODSCOUT names or trademarks without the prior express written consent of LOCATION, INC.
Systematic retrieval of the Content or other data from the Service or LOCATION, INC. to create and/or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of LOCATION, INC. is strictly prohibited.
You may not use the Service and/or the Content in any manner that may damage, disable, overburden and/or impair the Service, the Content and/or LOCATION, INC. or interfere with any other person and/or entity’s use and/or enjoyment of the Service and/or the Content.
The provisions of these Terms of Use are for the benefit of LOCATION, INC., its subsidiaries, affiliates, contractors, licensors, licensees, and/or third party content providers, if applicable, and each shall have the right to assert and enforce such provisions directly and/or on its own behalf.
Any violation of these Terms of Use, including, but not limited to, any illegal and/or unauthorized use of this Service and/or the Content (including, but not limited to, unauthorized framing of or linking to the Service, unauthorized use of any robot, spider, or other automated device on the Service, or any manual process to monitor or copy any portion of the Site and/or Content) may be investigated and appropriate civil and/or criminal legal action may be taken.
3. Disclaimer of Warranty; Limitation of Liability.
You expressly agree that using the service and the content is at your sole risk. Neither LOCATION, INC., its affiliates, subsidiaries, contractors, licensors, and/or licensees, nor any of their respective employees, agents, shareholders, members, managers, owners, officers, directors, representatives, and/or third party content providers, warrant that the service and/or the content will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from using the service and/or the content, or as to the accuracy or reliability of any information, service, or materials provided through and/or associated with the service and/or the content, including, but not limited to, the accuracy and/or reliability of “geocoding services” (defined as the conversion of a street address and/or place name to geographic latitude and longitude coordinates) used by LOCATION, INC., of which you are solely and absolutely responsible for assessing the accuracy and/or reliability. In the event a “confidence score” is provided in relation to any geocoding services and/or determination of the location of any address, it is purely for your consideration in evaluating the accuracy of the geocoding services and/or the accuracy of the interpreted location of any address, and is in no way a representation and/or warranty of the accuracy and/or reliability of the geocoding services and/or the interpreted location of any address.
The service and the content is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by, and incapable of exclusion, restriction or modification under, applicable law. You further expressly agree that the information, ratings, data, predictions, interpretations, recommendations, assessments, analyses, forecasts, geocoding services, and other content contained in, or associated with, any SecurityGauge report, in the LOCATION, INC. Database, or in any way accessible by or from LOCATION, INC. Or www.SecurityGauge.com is a work of art, and as such, no warranties are expressed or implied, including, but not limited to, with regard to the risk, suitability, desirability, danger, hazard, threat, safety, and/or value of and/or at any property, location, neighborhood, or area for any purpose whatsoever. By its nature, risk data like that provided by location, inc. Does not guarantee any particular outcome. Consequently, location, inc. Makes no warranty and/or guaranty whatsoever that any particular crime(s), incident(s), and/or result(s) will or will not occur at or near any particular location or during any particular time period. This disclaimer of liability is also a waiver of all such liability and applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration, or use of the service and/or the content, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that LOCATION, INC., its affiliates, subsidiaries, contractors, licensors, and/or licensees, and their respective employees, agents, shareholders, members, managers, owners, officers, directors, representatives, and/or third party content providers are not liable for, and you hereby waive any claim that they are responsible for, any defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury, damage, and/or loss from the foregoing rests entirely with you.
In no event will LOCATION, INC., or any person or entity involved in creating, producing, or distributing the service, the content, products or data accessible from the service and/or products or data licensed from LOCATION, INC., in any form or manner whatsoever, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential, or similar damages, including, without limitation, injury to persons or property, lost profits or revenues, loss of use, and/or any other harm, expense, and/or loss, arising out of the access to and/or use of or inability to use and/or access the service and/or the content and/or arising out of any matter associated with LOCATION, INC., SECURITYGAUGE, SECURITYGAUGE reports, NEIGHBORHOODSCOUT reports and/or NEIGHBORHOODSCOUT. You hereby acknowledge that the provisions of this section shall apply to all matters associated with the service, the content, LOCATION, INC., SECURITYGAUGE, SECURITYGAUGE reports, NEIGHBORHOODSCOUT reports and/or NEIGHBORHOODSCOUT, and all data and/or services associated with any and/or all of the foregoing. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of LOCATION, INC. (and/or its affiliates, subsidiaries, contractors, licensors, and/or licensees, and their respective employees, agents, shareholders, members, managers, owners, officers, directors, representatives, and/or third party content providers) for damages, losses, expenses, claims, and causes of action (whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability)) exceed the greater of $100.00 or the amount paid by you, if any, for using the service or obtaining the content, including, without limitation, data, reports or other information from the service.
4. Indemnification.
You agree to defend (with counsel of LOCATION, INC.’s choosing), indemnify, and hold harmless LOCATION, INC., its affiliates, subsidiaries, and their respective employees, agents, shareholders, members, managers, owners, officers, directors, representatives, third party content providers, licensees, and/or licensors from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out and/or in any way related to your using the Service, the Content or any information, data or services you obtain from or by way of the Service, the Content, LOCATION, INC., SECURITYGAUGE, SECURITYGAUGE REPORTS, NEIGHBORHOODSCOUT REPORTS and/or NEIGHBORHOODSCOUT, and/or any third party services associated with the same, including, without limitation, Geocoding Services.
5. Trademarks and Patents.
All trademarks and service marks of LOCATION, INC. and its subsidiaries, affiliates, and/or licensors displayed on the Site and/or associated with the Content are subject to state, federal, and/or international trademark protection. Unless expressly authorized by LOCATION, INC., you may not use its trademarks or service marks in any manner whatsoever, including, but not limited to, with respect to any product or service that is not provided by LOCATION, INC., in any manner that is likely to cause confusion among customers, and/or in any manner that might disparage or discredit LOCATION, INC. and/or any of its subsidiaries, affiliates, and/or licensors. All other trademarks appearing on the Site and/or associated with the Content are the property of their respective owners, including third-party providers of products and services with links to and/or from the Site.
SECURITYGAUGE, NEIGHBORHOODSCOUT, NEIGHBORHOODSCOUT REPORTS, LOCATION, INC. and other marks are all registered trademarks of LOCATION, INC. and are all pending or registered in the U.S. Patent and Trademark Office. One or more United States patents and patent applications apply to this Service and/or the Content, including without limitation, U.S. Patents No. 7,043,501 and 7,680,859. Other U.S. patents are also pending. Any unauthorized use of patented technology and trademarks is strictly prohibited.
6. Third Party Content.
Any information or content expressed or made available by third parties, including information providers and users, and Geocoding Services, are those of the respective author(s) or distributor(s) and not of LOCATION, INC. Furthermore, the Service and/or the Content may contain links to third party web sites and/or information with which LOCATION, INC. has linking arrangement(s), but over which LOCATION, INC. does not maintain control and/or assume responsibility. The inclusion of such a link and/or any association with the operators of such linked sites does not imply endorsement by LOCATION, INC. of such sites, operators and/or any information or content associated therewith. Any concerns regarding any such third party information, content service and/or resource, or any link thereto, should be directed to the particular operator, service or resource. In addition, LOCATION, INC. recommends that you review these sites’ terms of use and privacy policies.
7. Viruses.
LOCATION, INC. assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, any computer equipment, software, or other property on account of your using the Service and/or the Content (or any browsing associated therewith) or your downloading of any materials, reports, compilations, maps, files, data, text, images, video, or audio from the Site and/or any other source associated with LOCATION, INC., its subsidiaries, affiliates, and its third party content providers and licensors, if any.
8. Export Control.
Software and other materials from the Site and/or associated with the Content may be subject to United States Export Control laws. The United States Export Control laws prohibit, among other matters, the export of certain technical data and software to certain territories. No data and/or software from this Service and/or associated with the Content shall be downloaded or exported in any manner whatsoever, including, but not limited: (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the Unites States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. LOCATION, INC. does not authorize the downloading or exportation of any of the content, software or technical data from this Service to any jurisdiction prohibited by the United States Export Control laws.
9. Business Associates.
The business associates of LOCATION, INC. identified on the Site and/or associated with the Content, if any, are independent contractors of LOCATION, INC. The business associates, if any, are not joint venturers or partners of LOCATION, INC. No employee or representative of the business associates, if any, is under the control of LOCATION, INC.
10. Changed Terms.
LOCATION, INC. has the right at any time to amend, substitute, alter, change, add, delete and/or modify the terms and conditions applicable to using the Service and/or the Content, or any part thereof, or to impose new conditions, including, without limitation, adding fees and/or charges. Such amendments, substitutions, alteration, changes, modifications, additions, and/or deletions shall be effective immediately upon their being posted to the Site or the Content. Any use of the Service and/or the Content following such posting shall be deemed to constitute acceptance of such amendments, substitutions, alteration, changes, modifications, additions, and/or deletions.
11. Miscellaneous.
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms of Use and the relationship between the parties shall in all aspects be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts, and the obligations, rights and remedies of the parties shall be determined in accordance with such laws. The parties agree that any litigation one (or more) party(ies) commences, maintains and/or is engaged in against any other party and/or parties (whether pursuant to these Terms of Use or otherwise) shall be brought exclusively in the courts of the Commonwealth of Massachusetts, Worcester County, or the federal courts of the United States of America having jurisdiction over the Commonwealth of Massachusetts, Worcester County, with any right to bring, commence, engage and/or maintain litigation in any other courts being hereby waived to the fullest extent permitted by law. Each party hereby irrevocably submits generally and unconditionally for themselves and with respect to any and all property that is the subject matter hereof, to the jurisdiction of the state courts in the Commonwealth of Massachusetts, Worcester County, or any United States federal court having jurisdiction over the Commonwealth of Massachusetts, Worcester County. Each party hereby irrevocably waives, to the fullest extent permitted by law, any objection that it/they may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. No waiver by either party of any breach or default hereunder shall be deemed valid unless expressly made in writing, nor shall it be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
By using the service and/or the content, or any portion of the service and/or the content, you agree to be bound by these terms of use, and you acknowledge that such agreement constitutes a binding contract between you and LOCATION, INC. And for the benefit of those persons and entities identified herein. If you do not agree to these terms of use, you are not permitted to use the service and/or the content.