Terms and Conditions of Use
Welcome to PERSEC. Our goal is to provide you with situational awareness to risk events that span crime, vehicle accidents, weather, environmental and a variety of other risk incidents. To that end, we constantly strive to provide users with tools that are aimed to enhance their safety and help them avoid unsafe situations. We do this by collecting content of real-time events from you, our users, individuals who may have relevant content, public sector and news outlet sources, and from content we otherwise have set up an infrastructure to collect. As a user of our App (as defined below), you are also helping us in our mission to make the world a safer place.
These Terms of Use, along with any other supplemental terms that are incorporated by reference or may be presented to you for your review and acceptance (collectively, the “Terms”), are between you and GRAY MATR, LLC., the company that does business as PERSEC and operates the PERSEC mobile App and www.persec.info, including its subsidiaries and affiliated entities under common ownership and control, (“GRAY MATR” or “PERSEC”). These Terms govern your access to and use of the PERSEC mobile application (“App”).
Your access to and use of the Services and Content is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW SECTION 14 (GOVERNING LAW AND DISPUTE RESOLUTION) BELOW FOR MORE INFORMATION.
PLEASE BE AWARE THAT SECTION 1(D) (GRAY MATR, LLC. COMMUNICATIONS) OF THE TERMS CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING, AS APPLICABLE, VIA EMAIL, TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS. TO LEARN MORE ABOUT ANY OPTIONS YOU MAY HAVE TO OPT-OUT OF SUCH COMMUNICATIONS, PLEASE REFER TO OUR PRIVACY POLICY.
THESE TERMS WILL APPLY TO YOUR USE OF AND ACCESS TO THE SERVICES AND CONTENT. IF YOU SUBSCRIBE TO OUR SERVICES FOR A DEFINED TERM (THE “INITIAL TERM”), THE TERMS AND YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR RENEWAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM UNLESS YOU OPT OUT OF THE AUTO RENEWAL IN ACCORDANCE WITH SECTION 7(B) (AUTOMATIC RENEWAL FOR SERVICES) BELOW. ANY RENEWAL TERMS SHALL BE BILLED AT GRAY MATR, LLC.’S THEN-CURRENT RATES.
1. BASIC TERMS AND RISK ASSUMPTION
A. Risks and User Conduct
YOU HEREBY REPRESENT THAT YOU ARE DULY AWARE THAT THE ACTIVITIES IN WHICH YOU MAY BE PARTICIPATING IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES MAY INVOLVE RISKS. YOU FURTHER ACKNOWLEDGE AND ASSUME THESE RISKS AND YOU HEREBY ELECT, VOLUNTARILY, TO ENGAGE IN SUCH ACTIVITIES. YOU REPRESENT AND WARRANT THAT:
YOU UNDERSTAND THAT ANY ACTIVITY HAS RISKS. GRAY MATR, LLC. HAS NO RIGHT OR ABILITY TO DIRECT THE MANNER IN WHICH YOU USE THE INFORMATION PROVIDED BY THIS APPLICATION; (2) ANY INJURIES OR OTHER DAMAGE SUFFERED BY YOU ARE INCURRED AT YOUR OWN RISK AND WILL NOT BE COMPENSABLE BY WORKERS COMPENSATION OR ANY OTHER INSURANCE PROGRAM MAINTAINED BY GRAY MATR, LLC., AND (3) GRAY MATR, LLC. SHALL NOT BE LIABLE TO YOU OR OTHERS IN ANY WAY FOR SUCH DAMAGES;
You may access and use the Services and Content only if you are at least 18 years of age and of sound mind, you can form a binding contract with GRAY MATR, LLC., and you are not a person barred from receiving or using the Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using or accessing the Services and Content on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and are binding such legal entity to these terms as an authorized individual. You may use and access the Services and Content only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
B. Changes to Services or Terms
The Services that GRAY MATR, LLC. provides are always evolving, and the form and nature of the Services may change from time to time without prior notice to you. In addition, GRAY MATR, LLC. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. You may need to update third-party software from time to time in order to use the Services. GRAY MATR, LLC. also retains the right to create limits and restrictions on use of the Services and/or Content or suspend or terminate your access to the Services and/or Content, at GRAY MATR, LLC.’s sole discretion at any time without prior notice to you.
From time to time, we may make changes to these Terms. They will be effective upon posting notice of such changes on the PERSEC website (www.persec.info) (the “Website”) and/or within the App. The most current version of the Terms is available on the Website and will be effective as of the “Effective Date” listed therein. If you do not agree to any change(s), you should stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance and acknowledgement of such change(s).
C. Service Features and PERSEC Advertisements
To use the Services and access the Content most effectively, you must enable your mobile device as follows: to receive push notifications from the App; to permit the App to access both the camera and microphone for your device (in some cases, to access additional functionality); and to permit the App to access your location (even in the background; i.e., when the App is not open on your device). (For example, the Services are designed to deliver push notifications to users within a certain radius of a reported incident.) If you do not enable your mobile device accordingly (including enabling any additional features or functions that GRAY MATR, LLC. elects to make mandatory for use of the App), the App will not function effectively on your device and you will not be able to access all the functionality available from the Services.
You must provide all equipment and operating platforms as may be necessary to connect to the Service and access the Content, including, but not limited to, a mobile device that is suitable to connect with and use the App. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services and Content.
The Services and Content may include advertisements for PERSEC or GRAY MATR, LLC. own products and services. These advertisements may be targeted to the Content, your location, your use of the Services, information regarding the Services, queries made through the Services, or other information that you have provided in connection with the Services or is otherwise publicly available. In consideration for GRAY MATR, LLC. granting you access to and use of the Services and Content, you acknowledge and agree that GRAY MATR, LLC. may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others. If you have any questions about privacy and GRAY MATR, LLC.’s use of information relating to you, you can access our Privacy Policy for more information on our advertising and privacy practices.
D. GRAY MATR, LLC. Communications
As part of the sign-up process for one or more of the Services, we may send you, and you agree to receive, a one-off text message containing a designated short code. If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance or with the keyword “STOP” to opt out, or you can get help directly at support@persec.info. GRAY MATR, LLC., mobile carriers and wireless providers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency from us may vary. If you have any questions about your text plan or data plan, it is best to contact your mobile carrier or wireless provider.
By agreeing to the Terms, using the Services or accessing the Content, you agree to receive these and other communications from us and our affiliate companies, if any, including via email, text message, calls, in-app direct messaging, and push notifications. You agree that texts, direct messages, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or use of the Services, updates or marketing communications concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, news concerning GRAY MATR, LLC., and industry developments, all as detailed in our Privacy Policy. Standard text messaging charges, if and as applied by your cell phone carrier, will apply to text messages that we send.
As part of providing the Services, GRAY MATR, LLC. may also need to provide you with certain other communications, such as announcements regarding the Services and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt out from receiving these and continue to use the Services and access the Content.
E. Privacy
Any information that you provide to GRAY MATR, LLC., as well as any information that GRAY MATR, LLC. otherwise collects via the Services and your use thereof, is subject to our Privacy Policy, which governs our collection and use of such information. You understand that through your use of the Services and access to the Content, you consent to the collection and use of this information and the Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by GRAY MATR, LLC..
2. SERVICE ACCESS CREDENTIALS
You are responsible for safeguarding the mobile telephone number, username, or other credentials or authentication method that may be used to access or post Content to the Services, use of the Services, and for any activities or actions under your account. GRAY MATR, LLC. cannot and will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to safeguard your device and/or such credentials.
3. YOUR USE OF THE SERVICES
A. GRAY MATR, LLC. provides you a personal and non-transferable right to access the Services for the purpose of using the App and for accessing and submitting Content. This right of access and use is provided to you for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GRAY MATR, LLC., LLC., in the manner permitted by these Terms, including posting Content in accordance with the terms of Section 4. If you pay for a subscription to access Premium Service(s), you will have access to the additional features and functionality available as detailed in the Product Description applicable to that Premium Service(s).
With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play Store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.
B. The navigation services provided by PERSEC ("the App") are intended for informational purposes only. Users acknowledge that the App’s turn-by-turn directions are generated based on publicly available map data, user reports, and other third-party data sources, which may be subject to errors, inaccuracies, or incomplete information.
Users agree to use the App’s navigation services responsibly and in compliance with all applicable traffic laws and regulations. GRAY MATR, LLC shall not be liable for any errors in directions, missed routes, or incorrect navigation data provided by the App. Users should exercise their own judgment when following navigation instructions and are solely responsible for ensuring safe driving practices. User accept all risks associated with the use of “the App.”
Users must not use the App while operating a vehicle unless it is done in a hands-free manner or other manner that complies with local laws. Users are encouraged to set up the App and input their destination before starting to drive.
C. Emergency SOS Beacon Feature. The SOS beacon feature in the App is designed to allow users to send their location to a predefined group of contacts during emergencies. This feature relies on GPS and cellular or network connectivity to function properly. GRAY MATR, LLC. does not guarantee the availability, accuracy, or reliability of the location data transmitted through the SOS beacon feature.
Users acknowledge that the SOS beacon feature may not function if the device is out of network range, the GPS is disabled, or other technical issues occur. GRAY MATR, LLC. shall not be held responsible for any failure of the SOS beacon feature to send location data or for delays in sending such information.
By using the SOS beacon feature, users agree that GRAY MATR, LLC is not liable for any harm, injury, or loss resulting from the use or non-use of the feature, including situations where emergency contacts do not receive the user's location.
D. Limitation of Liability. GRAY MATR, LLC. disclaims all liability for any damages, whether direct, indirect, incidental, special, consequential, or exemplary, arising out of or in connection with the use or misuse of the App’s navigation services and SOS beacon feature. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
In jurisdictions where such limitations of liability are not allowed, GRAY MATR, LLC’s liability shall be limited to the maximum extent permitted by law.
E. Comparative Use of Similar Apps. GRAY MATR, LLC provides services similar to other navigation and safety apps, and other location-based applications. Users agree that the risks and responsibilities associated with using the App are comparable to those involved in using any similar applications. Users should exercise the same level of caution and judgment when using PERSEC as they would with any other navigation and emergency service app.
4. GRAY MATR, LLC. RIGHTS
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of GRAY MATR, LLC. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. GRAY MATR, LLC. reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, Content, or suggestions you may provide regarding GRAY MATR, LLC. or the Services is entirely voluntary, and that we will be free to use such feedback, comments, Content, or suggestions as we see fit and without any obligation to you, even after you cease using or participating in the Services.
5. PREMIUM SERVICES AND SUBSCRIPTION FEES AND AUTO RENEWAL TERMS
A. Premium Services and Subscription Fees
You will be responsible for payment of the applicable fee for any Premium Services (each, a “Service Subscription Fee”) at the time you register for the Premium or Subscription Services and select your monthly or annual subscription, as may be available (each, a “Service Commencement Date”). Except as set forth in these Terms, all Service Subscription Fees are non-cancelable and non-refundable. No contract will exist between you and GRAY MATR, LLC. for the Premium Services until GRAY MATR, LLC. or the third-party app store from whom you received the App license (e.g., the Apple App Store or the Google Play Store) (each, an “App Store”) accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication. Any free trial or other promotion that provides access to the Premium Services, if expressly provided to you, is only effective for the specified time of the trial. At the end of the trial period, your use and access to that Premium Service will expire, and any further use of the Premium Service is prohibited unless you pay the applicable Service Subscription Fees.
B. Automatic Renewal for Premium Services
Your subscription to any Premium Services will continue indefinitely until terminated in accordance with these Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at GRAY MATR, LLC.’s then-current Service Subscription Fee for such Premium Service. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least 24 hours prior to the Renewal Commencement Date pursuant to Section 8(A) below. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after that current term expires. You can cancel your subscription in the App under the App Settings section. However, you will not be eligible for any refund of any portion of the Service Subscription Fee paid (pro-rata or otherwise) for the then-current subscription period. By subscribing to a Premium Service, you authorize GRAY MATR, LLC., its payment processor, or the applicable App Store to charge your Payment Provider (as defined in Section 7(C) below) at the time you first purchase your subscription, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if GRAY MATR, LLC., its payment processor, or the applicable App Store does not receive payment from your Payment Provider, (1) you agree to pay all amounts due on your account for the full subscription period upon demand; and/or (2) you agree that GRAY MATR, LLC. may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received.
C. Payment
You agree to pay all Service Subscription Fees in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide or have provided GRAY MATR, LLC., its payment processor, or the App Store from which you purchase the Premium Service with a valid credit card (Visa, MasterCard, or any other issuer accepted by us or them) (“Payment Provider”) as a condition to signing up for the Premium Service. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not these Terms, to determine your rights and liabilities with respect to your use of your card. You agree that GRAY MATR, LLC., its payment processor, or the App Store from which you purchase the Premium Service is authorized to immediately invoice your account for all fees and charges due and payable to GRAY MATR, LLC. hereunder and that no additional notice or consent is required. GRAY MATR, LLC. reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or the App, as communicated via the Services, or by email delivery to you.
D. Taxes
The payments required under Section 7(A) (Premium Services Subscription Fees) of these Terms do not include any Sales Tax that may be due in connection with the services provided under these Terms. If GRAY MATR, LLC. determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, GRAY MATR, LLC. shall collect such Sales Tax in addition to the payments required under Section 7(A) (Premium Services Subscription Fees) of these Terms. If any services, or payments for any services, under these Terms are subject to any Sales Tax in any jurisdiction, and you have not remitted the applicable Sales Tax to GRAY MATR, LLC., you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify GRAY MATR, LLC. for any liability or expense GRAY MATR, LLC. may incur in connection with such Sales Taxes. Upon GRAY MATR, LLC.’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. You agree to make all payments of Service Subscription Fees to GRAY MATR, LLC. free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments Service Subscription Fees or other charges to GRAY MATR, LLC. will be your sole responsibility, and you will provide GRAY MATR, LLC. with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
6. SUSPENSION OR TERMINATION
The Terms will continue to apply until terminated by either you or GRAY MATR, LLC. as set forth below. If GRAY MATR, LLC. suspends your access to the Services, you agree that GRAY MATR, LLC. shall have no liability or responsibility to you, and GRAY MATR, LLC. will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Nothing in this section shall affect GRAY MATR, LLC.’s rights to change, limit, or stop the provision of the Services without prior notice, as provided herein.
A. Termination of Services by You
You may end your legal agreement with GRAY MATR, LLC. at any time for any reason by deactivating your accounts and discontinuing your use of the Services. To deactivate your account, please do so by going to “App Settings” in the App or by contacting us via the support center within the Services or at support@persec.info.
If you want to terminate the Premium Services provided by GRAY MATR, LLC., you may do so by contacting us via the support center within the Services or by managing your subscriptions in the applicable App Store. At this time, you may do so by (i) logging into and going to the “Manage App Subscriptions” page in the Apple App Store or the “My Apps” page in the Google Play Store app or (ii) visiting the PERSEC website, but we may change this subscription management process in the future. The subscription management functions in the Apple App Store and Google Play Store may permit you to change your account settings if you do not wish your subscription to renew automatically, or if you want to change or cancel your subscription. The Services will continue, and you will continue to be charged the Service Subscription Fee, at the end of each subscription period unless you cancel your subscription in accordance with the procedure set forth in Section 7(B) above (Automatic Renewal for Premium Services).
B. Suspension or Termination of Services by GRAY MATR, LLC.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (1) you have violated these Terms; (2) you create risk or possible legal exposure for us; (3) you or your use of the Services pose a risk to the security of, or otherwise pose a risk to the Services or our other users; or (3) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if GRAY MATR, LLC. is required to do so by law (e.g., where the provision of the Premium Services is or becomes unlawful), GRAY MATR, LLC. has the right to, immediately and without notice, suspend or terminate any Premium Services or the Services provided to you. You agree that all terminations for cause shall be made in GRAY MATR, LLC.’s sole discretion and that GRAY MATR, LLC. shall not be liable to you or any third party for any termination of your account.
C. Survival
Upon termination of your account by you or by GRAY MATR, LLC., the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall survive any termination of these Terms: 1, 3, 4, 6, 8(C), 9, 10, 11, 12, 13 and 15.
7. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of GRAY MATR, LLC. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “GRAY MATR, LLC. Entities”). Each of the subsections below apply up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. The terms below throughout Section 10 apply to the entirety of our Services (including the Premium Services).
A. The Services are Available “AS-IS”
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, THE GRAY MATR, LLC. ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GRAY MATR, LLC. OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
The GRAY MATR, LLC. Entities make no warranty and disclaim all responsibility and liability for: (1) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (2) any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Services, or any Content; (3) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; or (4) any claim that the Services do not meet your requirements or are not available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the GRAY MATR, LLC. Entities or through the Services will create any warranty not expressly made herein.
From time to time, GRAY MATR, LLC. may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at GRAY MATR, LLC.’s sole discretion. The maximum aggregate liability of the GRAY MATR, LLC. entities with respect to your use of such beta features is limited to USD $50.
B. No Responsibility for Third Party Links or Fundraisers
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the GRAY MATR, LLC. Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Services may include links to fundraising initiatives established by third party individuals or fundraising sites (“Fundraisers”). GRAY MATR, LLC. does not endorse Fundraisers and does not independently verify that Fundraisers are legitimate or that contributions to a Fundraiser will be used for their stated purpose. You should not rely on GRAY MATR, LLC. to determine the accuracy of any Fundraiser information. Since Fundraisers are created, hosted, and operated by third parties, not by GRAY MATR, LLC., please do your diligence and use your judgment. All donations to a Fundraiser are made at your own risk and GRAY MATR, LLC. bears no liability in this regard.
C. Your Personal Responsibility
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CONTACTING 911 OR OTHER EMERGENCY SERVICES DIRECTLY. YOU ASSUME ANY RISKS ASSOCIATED THEREWITH. FURTHER, YOU UNDERSTAND THAT THE 911 OPERATORS, RESPONDERS, AND/OR ANY NEARBY USERS OPERATE INDEPENDENTLY FROM US, AND WE CANNOT BE RESPONSIBLE FOR THEIR ACTS OR OMISSIONS. YOU AGREE THAT PERSEC REPRESENTATIVES, AGENTS, AGENTS, OWNERS AND SHAREHOLDERS ARE NOT REQUIRED TO CONTACT 911 OR ANY OTHER EMERGENCY SERVICES ON YOUR BEHALF.
YOU ACKNOWLEDGE AND AGREE THAT GRAY MATR, LLC. PROVIDES THE SERVICES AS A PLATFORM FOR RECEIVING COMMUNICATIONS OF RISK RELATED INCIDENTS AND IS NOT LIABLE FOR THE CONTENT OR ACTIONS OF OTHER PERSEC USERS IN THEIR USE OF, ACCESS TO THIS PLATFORM.
YOU ACKNOWLEDGE THAT THE INFORMATION, ALERTS OR COMMUNICATIONS PROVIDED BY THE PLATFORM MAY LEAD TO A RESPONSE CONDITION OR INHERENTLY DANGEROUS SITUATION, SUCH AS MEDICAL EMERGENCIES, ACCIDENT, POTENTIAL EVENT, LAW ENFORCEMENT EMERGENCIES, OR PUBLIC HEALTH CRISIS. SUCH SITUATIONS HAVE THE POTENTIAL TO INFLICT PROPERTY DAMAGE, SIGNIFICANT BODILY HARM, OR DEATH, AND TIME IS OF THE ESSENCE IN RESPONDING TO THESE EVENTS. YOU FREELY AND EXPRESSLY CHOOSE TO INCUR ALL RISKS POSED BY USING THE PREMIUM SERVICES IN RESPONSE TO SUCH EVENTS.
D. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GRAY MATR, LLC. ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH, ARISING OUT OF, OR RELATED TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAY MATR, LLC. SHALL NOT BE LIABLE FOR ANY DEATH, BODILY HARM, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICES, COMMUNICATION OR INFORMATION.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GRAY MATR, LLC. ENTITIES HEREUNDER EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR, IF YOU SUBSCRIBE TO THE PREMIUM SERVICES AND IF GREATER, THE AMOUNT THAT YOU PAID FOR SUCH SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE GIVING RISE TO THE LIABILITY.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY GRAY MATR, LLC. ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
E. Premium Services Disclaimers
In addition to and not in lieu of the above disclaimers and limitations in the sections above, please be advised of the following important disclaimers and limitations associated with the Premium Services.
The Premium Services or specific elements of such Services (including provision of location information) may be unavailable for any number of reasons, including: congestion or other network failures between your mobile device and our facilities; faults in your mobile device; problems with connectivity or operation, including issues with clarity, audio recognition, or geolocation; unavailability of our facilities;
i. Medical or Expert Advice Disclaimer
NEITHER GRAY MATR, LLC. NOR ITS GENTS ARE AUTHORIZED TO PROVIDE MEDICAL OR EXPERT ADVICE OR DIAGNOSIS, AND THE PREMIUM SERVICES ARE NOT DESIGNED FOR THAT PURPOSE OR INTENDED TO BE USED FOR THAT PURPOSE. USE OF ANY ASPECT OF THE PLATFORM AND OR THE PREMIUM SERVICES DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP OR ANY OTHER KIND OF PROFESSIONAL RELATIONSHIP. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING TREATMENT FROM EMERGENCY RESPONDERS OR A MEDICAL PROFESSIONAL OR OTHER EXPERTS. IT IS IMPORTANT TO SEE YOUR DOCTOR OR A PHYSICIAN IF YOU WISH TO MAKE ANY DECISION ABOUT YOUR HEALTH OR THE HEALTH OF YOUR FAMILY. YOU MUST INDEPENDENTLY EVALUATE ANY ADVICE YOU MAY RECEIVE FROM PLATFORM OR OTHER PARTIES THAT THE PLATFORM MAY CONNECT YOU WITH.
WE CANNOT GUARANTEE THE PERFORMANCE OF ANY 911 OPERATOR, SERVICE PROVIDER, OR RESPONDER THAT MAY ARRIVE AS A RESULT OF THE PREMIUM SERVICES.
ii. Connectivity & Locational Limitations
Due to the potential for service interruptions, outages, or poor connections on phone lines, internet service providers, mobile carriers, or other communication systems, none of which are within the control of GRAY MATR, LLC., your connection to the Premium Services is not guaranteed. Similarly, GRAY MATR, LLC. will have no liability to you if your mobile device is out of the service area of the network provider. GRAY MATR, LLC. is not responsible for, and shall have no liability with respect to, service interruptions, outages, or failures of a customer’s telephone, mobile, or data service.
GRAY MATR, LLC. is not responsible if emergency responders are unable to locate you, whether because you have not enabled the GPS functionality of or location services on your mobile device, or there is a failure, error, or lack of specificity in transmission of GPS information, or otherwise.
8. INDEMNITY
You will indemnify and hold harmless the GRAY MATR, LLC. Entities from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses (including, without limitation, reasonable legal and accounting fees) arising out of or in any way connected with (a) your access to, use of, or reliance on the Content or Services; (b) your conduct with respect to any other users, including in connection with any public incidents on the Services; (c) your Content; or (d) your violation of these Terms.
9. RELEASE
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE GRAY MATR, LLC. ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, CONTAGIOUS DISEASE, OR DEATH THAT MAY BE SUSTAINED BY YOU WHILE USING OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES. THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.
You waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar provision of the statutory or non-statutory law of any other jurisdiction (including, without limitation, Missouri, Delaware, Georgia, Louisiana, Montana, Oklahoma, Wisconsin, and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits. You acknowledge that the releases in these Terms are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.
10. INFRINGEMENT AND DMCA NOTICE
GRAY MATR, LLC. respects the intellectual property rights of others and we expect our users to do the same. If you are a copyright owner and believe a user of the Services is infringing your copyright or the copyright of any third party, please notify us via email: support@persec.info.
Each notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed; (b) a description of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the Content that is claimed to be infringing, and information reasonably sufficient to permit GRAY MATR, LLC. to locate the Content; (d) information reasonably sufficient to permit GRAY MATR, LLC. to contact you, such as an address, telephone number, and email address; (e) a written statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement made under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
We may remove Content alleged to be infringing and terminate the right to use the Services by any user who infringes the intellectual property rights of another person or entity, in each case without prior notice and at our sole discretion.
11. GOVERNING LAW AND DISPUTE RESOLUTION
A. Dispute Resolution
These Terms and the relationship between you and GRAY MATR, LLC. will be governed by the laws of the State of Nevada, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Except for a claim by GRAY MATR, LLC. of infringement or misappropriation of GRAY MATR, LLC.’s patent, copyright, trademark, or trade secret, any and all disputes between you and GRAY MATR, LLC. arising under or related in any way to these Terms must be resolved through binding confidential arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to Content and your use of the Services.
B. Arbitration
YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GRAY MATR, LLC. ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND GRAY MATR, LLC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON A CONFIDENTIAL INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us and our employees, agents, successors, or assigns, regarding or relating to the Content, the Services, or these Terms shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (1) any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the court or arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) we reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
With the exception of subparts (1) and (2) in the paragraph immediately above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Terms, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, either of subparts (1) and (2) in such paragraph (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Las Vegas, Nevada.
Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Las Vegas, Nevada. Additionally, notwithstanding these Terms to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Nevada, Nevada in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Las Vegas, Nevada for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
Notwithstanding any provision in these Terms to the contrary, if we seek to terminate this Arbitration section as included in these Terms, any such termination shall not be effective until thirty (30) days after the version of these Terms not containing such section is posted to the Services, and shall not be effective as to any claim of which you provided us with notice prior to the date of termination. For more information on the AAA, its Rules and Procedures, and how to file an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
12. APP STORES
You acknowledge and agree that the availability of the App and the Services are dependent on the applicable App Store. You acknowledge that the Terms are between you and GRAY MATR, LLC. and not with the App Store. GRAY MATR, LLC., not the App Store, is solely responsible for the Service, including the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using any Service, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
A. Accessing and Downloading the App from Apple App Store
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (1) the Terms are concluded between you and GRAY MATR, LLC. only, and not Apple; and (2) GRAY MATR, LLC., not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between GRAY MATR, LLC. and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GRAY MATR, LLC..
You and GRAY MATR, LLC. acknowledge that, as between GRAY MATR, LLC. and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and GRAY MATR, LLC. acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between GRAY MATR, LLC. and Apple, GRAY MATR, LLC., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and GRAY MATR, LLC. acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
13. OTHER GENERAL TERMS
The failure of GRAY MATR, LLC. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without GRAY MATR, LLC.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. GRAY MATR, LLC. may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by GRAY MATR, LLC. under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services and your continued use of the Services constitutes your acceptance. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and our Privacy Policy are the entire and exclusive agreement between GRAY MATR, LLC. and you regarding the Services (excluding any services for which you have a separate agreement with GRAY MATR, LLC. that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between GRAY MATR, LLC. and you regarding the Services and Content.
These Services are operated and provided by GRAY MATR, LLC., Inc. If you have any questions about these Terms, please contact us at support@persec.info.