AMERIGUARD PROPERTIES, LLC (hereinafter referred to as "AMERIGUARD") offers to you access to its website and web-based software application (collectively referred to as the "System") conditioned on your acceptance without modification of this agreement (hereinafter referred to as "Agreement"). This Agreement governs your use of this System.
Registration. In order to use this System, you must provide current and accurate contact information that is a required part of the registration process and continued use of this System. You are solely responsible for maintaining the confidentiality of your username, password, account information, and are responsible for all activities within your user account. AMERIGUARD serves the right to refuse access to this System to any person(s) or entity(s) at any time for any reason and without notice. You must promptly notify AMERIGUARD of any breach of security of your user account, including but not limited to unauthorized use of your username, password or account.
System Use. This System is made available to you for placing inspection orders, reviewing inspection reports, and communicating with other users in this System (hereinafter referred to as "Service"). You will not use this Service for commercial purposes. Any information obtained from this Service will not be sold, licensed, or otherwise distributed to any third party. You will not use this Service in any way that is unlawful or harmful to AMERIGUARD, its affiliates, providers, suppliers, or any customer of AMERIGUARD as determined by AMERIGUARD's sole discretion. You will not use this Service in any manner that could damage, disable, overburden, impair or interfere with any other party's use and enjoyment of the System. Violation of this section and of Section 5 below may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. AMERIGUARD reserves the right to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any application law, regulation, legal process or governmental request. AMERIGUARD reserves the right to modify, suspend or discontinue your access and use of the System without notice to you at any time and without any liability from you.
Specifically Prohibited Uses. You agree to use this Service in compliance with all applicable local, state, national, and international laws, rules and regulations, and specifically agree not to, or authorize any third party to:
1. Violate any applicable local, state, national or international law, regulation or rule;
2. Use the Service to upload, transmit or otherwise distribute any content, including spam, that is unlawful, defamatory, harassing, abusive, imitating, false, fraudulent, obscene, inappropriate, or is otherwise objectionable as reasonably determined by AMERIGUARD;
3. Distribute spam, viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of destruction or deceptive nature;
4. Transmit, distribute, sell, trade, data mine, collect, store or otherwise exploit any information, content or data on the System for any unauthorized commercial purpose or that infringes upon another party's intellectual property rights or other proprietary rights, without such owner's or licensor's permission;
5. Create user accounts under false or fraudulent pretenses;
6. Prevent or interfere with other users' enjoyment of the Service;
7. Modify, adapt, translate, reformat, or reverse engineer any portion of the System and/or Service;
Content in the System. AMERIGUARD takes no responsibility for the data entered into the System by its users. AMERIGUARD reserves the right to remove or refuse to distribute any content on the Service that violates this Agreement, and AMERIGUARD also reverses the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of AMERIGUARD, its users and the public. AMERIGUARD will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Use and Storage of Information. You acknowledge that AMERIGUARD may establish practices that limit the use of this Service, including without limitation the maximum number of days that messages, data and settings may be stored in the System or access to such information.
Links. For purposes of convenience AMERIGUARD website may contain links to third party websites. AMERIGUARD makes no representations, warranties or endorsements about any third party website that may be accessed through links on this System.
Intellectual Property Rights. This System, Service, website, web pages, content, data, information, and the like contained in its System are the exclusive property of AMERIGUARD. Unless otherwise expressly agreed by a written contract, AMERIGUARD claims ownership, rights, titles, and interests in all such information, including any text, data, information, images, photographs, video, or other material, that you upload, transmit or store in your user account. AMERIGUARD reserves the right to use any such information in your user account for any purpose, and without liability from you. Accordingly, you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Any use of AMERIGUARD's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Agreement and in compliance with any other policy AMERIGUARD policy in effect.
Representations and Warranties. AMERIGUARD makes no express and/or implied representations, warranties or conditions about its System and/or its Service. AMERIGUARD expressly disclaims any and all warranties or conditions, including (a) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances no liens and non-infringement, (b) warranties or conditions arising through course of dealings or usage of trade, and (c) warranties or conditions that access to or use of the website will be uninterrupted or error-free. There are no warranties that extend beyond the face of this Agreement.
Account Inactivity. After a period of inactivity, AMERIGUARD reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
Termination; Cancellation. You may cancel your use of this Service and/or terminate this Agreement at any time. AMERIGUARD may terminate or suspend your use of this Service at any time with or without cause. In the event of termination or suspension, your account will be disabled and you will not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in the System.
Liability Limitation. In no event will AMERIGUARD be liable for any damages, such as indirect, consequential, special, incidental, or punitive damages arising from or in any way related to this Agreement or your use of this System and/or this Service. If you have any dispute or claim with or against AMERIGUARD, then your sole and exclusive remedy is to discontinue using this System and/or Service; otherwise all legal processes must be commenced within one (1) year after the cause of action accrues or is permanently barred.
Interpreting the Agreement. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and AMERIGUARD and it supersedes all contemporaneous communications, whether electronic, oral or written, between you and AMERIGUARD.
Assignment. AMERIGUARD may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sub-license your rights, if any, in this System and/or this Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
Indemnification. You agree to hold harmless and indemnify AMERIGUARD, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of this Service and System, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such as case, AMERIGUARD will provide you with a written notice of such claim, suit or action.