Last Updated: January 3, 2018
General
PLEASE READ THE FOLLOWING TERMS OF USE (“Terms”) CAREFULLY BEFORE USING www.omnisite.com, www.guarddog.omnisite.com, and GuardDog iPhone and Android Apps (“Website”). This Website is owned and operated by Logical Concepts, Inc. dba OmniSite (“OmniSite”). Use of and access to this Website are governed by these Terms, and as such, all users of this Website agree to abide by and be legally bound by the following Terms. OmniSite may from time to time revise these Terms by reposting the Terms here. The date above reflects the most recent date of revision. You should therefore periodically visit this page to review the current Terms so that you are aware of any such revisions to which you are bound. If you do not agree to these Terms, do not use this Website.
Users of this Website (herein sometimes referred to as “you” or “your”) are solely responsible for compliance with all laws, rules and regulations, federal, state, local, or foreign, applicable to the use of this Website and the information, content, material, products and services contained herein. OmniSite intends and has designed this Website for users 18 years of age and older, and does not authorize use by anyone younger than 18.
Password and Security
*IMPORTANT FOR iPHONE AND ANDROID APP USERS* Your username and password will not be cleared and will continue to be stored in the GuardDog App on your device until you logout. In order to clear your username and password and require its entry for each instance of use, you must logout after each use. The GuardDog App allows changes to be made to your GuardDog account. Please responsibly manage your username and password and monitor that you are logging out to ensure unathorized changes are not made.
When registering on Website, you must complete the registration process by providing us with current, complete and accurate information as prompted. You also will choose an account password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify OmniSite immediately of any unauthorized use of your account or any other breach of security. OmniSite will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by OmniSite or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Typographical Errors
OmniSite endeavors that the information on the Website is up-to-date and accurate. However, in the event that information on the Website is incomplete, inaccurate or not current and/or contains a typographical error, OmniSite reserves the right to correct any such errors, inaccuracies or omissions or make updates at any time without prior notice. If a product or service is listed at an incorrect price, OmniSite reserves the right to refuse or cancel any orders placed for a product or service listed at the incorrect price whether or not the order has been confirmed and the credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, OmniSite shall issue a credit to your credit card account in the amount of the incorrect price.
Accuracy of Content
All information, content and material comprising or made available by OmniSite on this Website (“Our Content”) serves informational purposes only and Our Content is not binding upon OmniSite. OmniSite recommends that users exercise your own skill and care with respect to your use of this Website. Users should carefully evaluate the accuracy, currency, completeness and relevance of Our Content for your purposes. OmniSite does not guarantee that Our Content is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. OmniSite makes no representation that Our Content is appropriate or available for use in all countries, and access to information from places where Our Content is illegal is prohibited.
OmniSite may, in its sole discretion and at any time, change Our Content and these Terms or modify or discontinue this Website or specific portions of it, without prior notice. Subsequent re-use of this Website shall be deemed an agreement to any revised Terms.
Visitor Online Conduct
You agree to use this Website only for lawful purposes.
You agree to use this Website only for its intended purposes.
OmniSite reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate.
You agree not to decompile, disassemble or reverse-engineer any part of this Website in order to identify, acquire, copy or emulate any source code or object code.
You agree that you are solely responsible for any actions you undertake, and for the text, images, photos, and all other forms of data or communication that you submit or transmit (“Your Content”) while using this Website. You give OmniSite and its affiliates and sublicensees a license or permission to use Your Content in connection with the operation of the business of OmniSite, including to copy, distribute, transmit, display publicly, perform publicly, reproduce, edit, translate and reformat Your Content, and to publish your name in connection with Your Content, all without compensation. You acknowledge that, once published, Your Content cannot always be withdrawn.
We limit access to this Website solely for legitimate business purposes to access the information provided by OmniSite at this Website. Any access or attempt to gain access to other areas of the OmniSite computer system or other information contained on the system, or any OmniSite computer, server, account, network, data, software or other hardware, for any purposes, whether or not associated with this Website, is strictly prohibited. You may not use any information contained on this Website other than in connection with a legitimate business purpose.
Disclaimer of Warranties and Limitation of Liability
YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS WEBSITE AND ANY CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE SOLELY AT YOUR OWN RISK.
ALL INFORMATION AND CONTENT ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS OF ANY KIND, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL OmniSite BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION HEREIN, YOUR ACCESSING, BROWSING OR USE OF THIS WEBSITE, OR YOUR INABILITY TO ACCESS, BROWSE OR USE THIS WEBSITE, EVEN IF OmniSite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE WEBSITE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless OmniSite, its officers, directors, managers, members, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all liability, losses, claims, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising from or related to your use of this Website, Your Content, and any violation of these Terms.
Copyright, Trademark, and Intellectual Property
The entire content included in this Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of OmniSite. The collective work includes works that are licensed to OmniSite. Copyright 2013, OmniSite ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with OmniSite or purchasing OmniSite products and services. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with OmniSite or to purchase OmniSite products and services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by OmniSite. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
The permission granted herein terminates automatically if you breach these Terms. Upon termination of such permission, you must immediately and permanently delete and destroy any content you displayed, copied, distributed, printed or downloaded.
OmniSite and the Website’s domain name are service marks, trade names, service marks, or otherwise protected property of OmniSite and may not be used, copied or imitated without the prior written consent of OmniSite
The intellectual property of OmniSite may not be used in connection with any service or information that does not belong to OmniSite. That intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages OmniSite. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this Website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. You may not mirror any of the content contained in this Website on any other website or server.
Term; Termination
These Terms are applicable to you upon your accessing the Website. Upon purchasing products and services, these Terms shall be incorporated into the Sales and Service Agreement for Alarm, Accessories and Cellular Service as if fully restated therein. These Terms, or any part of them, may be terminated by OmniSite without notice at any time, for any reason.
Editing, Deleting and Modification
OmniSite reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any information, content, material, feature, aspect, product or service comprising, or available through, this Website at any time. OmniSite may alter the availability of any feature of this Website or service at any time. OmniSite may from time to time revise these Terms by reposting the Terms here. The date above reflects the most recent date of revision. You should therefore periodically visit this page to review the current Terms so that you are aware of any such revisions to which you are bound.
Access Nontransferable
You may not transfer your right to use this Website or any password given to you to obtain access to this Website.
Use of Information
To know what privacy measures OmniSite has taken and what information we retain from your visit to this Website, please read our Privacy Policy, which is incorporated herein by reference. In the event of a conflict of terms between these Terms and the Privacy Policy, these Terms shall govern.
Links to Other Websites
The Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in, or the existence of, such websites, and OmniSite does not investigate, monitor or check for accuracy or completeness. Including a linked website on this Website does not imply approval or endorsement of or affiliation with the linked website by OmniSite. If you decide to leave our Website or access these third-party Websites, you do so at your own risk. OmniSite is not liable for damages, irrespective of their nature, incurred by the use or non-use of third parties’ web pages.
Product Concerns or Questions
IN THE EVENT OF AN ISSUE OR PROBLEM WITH PRODUCTS AND SERVICES, you MUST contact OmniSite directly at 1-317-885-6330. DO NOT contact the underlying cellular carrier about products and services.
Severability
If any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms.
Headings of the Agreement
The section headings used in these Terms are only for reference and the convenience of the readers and shall not constitute part of these Terms for interpretation purposes.
Entire Agreement
These Terms, and any agreement integrated herein by reference, constitute the entire and only agreement between User and OmniSite with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.
No Waiver
The failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Governing Law and Venue
These Terms shall be governed by and construed according to the laws of the State of Indiana, without regard to conflict of laws. In the event of a dispute relating to these Terms, OmniSite and you hereby agree to the exclusive jurisdiction of the state and federal courts of the State of Indiana. Each party irrevocably consents to the jurisdiction of those courts and to service of process.
Survival
Any provision of these Terms that would be expected to survive expiration or termination of these Terms shall in fact survive such expiration or termination, including but not limited to, provisions regarding copyrights, trademark, disclaimer of warranties, limitation of liability, indemnification and governing law and venue shall survive any termination.
