Privacy, Subscription, & Site Use Agreements

 

 

 

Privacy Policy

 

Last Updated: December 29, 2020

ROG Security Inc.’s (ROG) Privacy Policy covers the collection, use, and disclosure of personal information that may be collected by ROG Security anytime you interact with ROG Security, such as when you visit our website, when you purchase ROG Security products and services, or when you contact our sales or support associates. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at ROG Security, and we go to great lengths to protect it. Please note that this privacy policy applies only to our customers and users. IT DOES NOT APPLY TO DATA AND VIDEO RECORDED BY YOUR CAMERAS OR OTHER SECURITY DEVICES. THE PRIVACY OF THIRD PARTIES AND/OR THEIR PROPERTY THAT YOU OR YOUR SECURITY COMPANY FILM, RECORD OR VIDEO IS GOVERNED BY ROG SECURITY’S TERMS OF USE FOUND ON OUR WEBSITE.

At ROG Security we recognize that privacy is important. This Privacy Policy applies to all of the products, services and websites offered by ROG Security Inc. or its subsidiaries or affiliated companies; collectively, ROG “services”.

If you have any questions about this Privacy Policy, please feel free to contact us through our website or email us at hello@goROG.co.

Why do we collect personal information?
We collect your personal information because it helps us deliver a superior level of customer service and enables us to give you convenient access to our products and services. In addition, your personal information helps us keep you posted on the latest product announcements, software updates, special offers, and events that you might like to or need to learn about.

Information We Collect and How We Use It

In order to provide our full range of services, we may collect information such as:

  1. Information you provide – When you sign up for an account and/or make a ROG Security purchase, request additional information or a newsletter, or otherwise contact us or provide us information, we may ask you for personal information (such as your name, email address, phone number, or username).
  2. For certain services, we also request credit card or other payment account information. We may combine the information you submit under your account with information from other ROG Security services or third parties in order to provide you with a better experience and to improve the quality of our services.
  3. For certain services, we may collect your network information and device information in order to perform the ROG services.
  4. When you visit the ROG Security website, we may send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences and tracking trends.
  5. Log information – When you access ROG Security services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
  6. User communications – When you send email or other communications to ROG Security, we will retain those communications in order to process your inquiries, respond to your requests and improve our services.
  7. Affiliated sites and applications – We offer some of our services in connection with other security related products.  Personal information that you provide to those sites may be sent to ROG Security in order to deliver the service. We process such information in accordance with this Privacy Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.
  8. ROG Security may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our technology and user experience.
  9. Other sites – This Privacy Policy applies to ROG Security services only. We do not exercise control over other sites displayed as links. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
  10. We may ask for your personal information when you’re discussing a service issue on the phone, with an associate, downloading a software update, registering for a seminar, participating in an online survey, registering your products, or purchasing a product.
  11. When you interact with ROG Security, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences.
  12. We may also collect information for market research purposes — such as your occupation, company type, and where you use our products — to gain a better understanding of our customers and thus provide more valuable service.
  13. We collect information regarding customer and partner activities on our websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites, products, and Internet services are of most interest to them.
  14. We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve ROG Security’s products.
  15. In the event that your employer has a written agreement with ROG Security governing access to ROG Security information or programs, ROG Security may use your Personal Information to verify compliance with the agreement, log software licenses granted, track software downloaded from those pages, or track usage of other applications available on those pages.

ROG Security processes personal information on servers in the United States of America and in other countries. In some cases, we may process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party.

Choices for personal information
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some ROG Security features and services may not function properly if your cookies are disabled.

You can decline to submit personal information to any of our services, in which case ROG Security may not be able to provide those services to you.

Information sharing
ROG Security only shares personal information with other companies or individuals outside of ROG Security in the following limited circumstances: we have your consent. We require opt-in consent for the sharing of any sensitive personal information.

  • We may provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf such as for billing, mailing service, etc.. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of ROG Security, its users or the public as required or permitted by law.

  • We may share with third parties’ certain pieces of aggregated, non-personal information. Such information does not identify you individually.

  • We may share with our service providers, vendors, and strategic partners. There are also times when it may be advantageous for ROG Security to make certain personal information about you available to companies that ROG Security has a strategic relationship with or that perform work for ROG Security to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with ROG Security’s policies. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the ROG Security website.

Enforcement
ROG Security regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or ROG Security’s treatment of personal information by contacting us through this website.

Changes to this Privacy Policy
Please note that this Privacy Policy may change from time to time. We will post any Privacy Policy changes on this page and, if the changes are significant.

Use of Email Addresses
You may not copy email addresses that you find on our Web site and/or email or any other correspondence and publish them in any electronic or other means for the purposes of adding to a mailing list or selling to others for any purposes including but not limited to email campaigns or lead generation.

Questions
If you have questions regarding our privacy policy, please contact us at hello@goROG.co.

 

Subscription Agreement

Last updated December 29, 2020

This Subscription Agreement (this “Agreement”) contains the terms of your purchase of a monthly subscription to ROG Security, Inc.’s Service (as defined in ROG’s Terms of Use) and that govern payment for access to the Service. It is a contract between ROG Security, Inc. (“ROG,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity and additionally agree to the Terms of Use provided to all users upon sign up.

By completing the online purchase, you are agreeing to subscribe to one or more ROG camera licenses.  You agree that upon completion of the online purchase your service will commence immediately.

You hereby agree to subscribe to the Service, effective on the commencement date, upon confirming your acceptance of this Agreement and our receipt of your initial payment. You accept and agree to comply with all of the terms of this Agreement as well as the terms of our Terms of Use and the policies, including our Privacy Policy, and other agreements and policies described in our Terms of Use, all of which are incorporated into and made an essential part of this Agreement. Violations of any of our Terms of Use or other policies may result in suspension or termination of your access to the Service.

Your subscription is for monthly access to the Service. You will be billed a pro-rated amount for the remainder of the first month and then your subscription will automatically renew on the first day of each following month unless you cancel your subscription before the beginning the calendar month.

Unless otherwise agreed to in writing by the CEO of ROG, the fee for each license is determined by your volume tier and presented during the purchase process and/or prior to your completion of the purchase.  We reserve the right to change the amount or any term of our license fee at any time without prior notice to you. You are free to cancel your subscription prior to the end of each month if you do not agree to a change of license fee.

We calculate and bill fees and charges at the time of any new purchase. New purchase Subscription Fees will be pro-rated to reflect the remaining number of days in the month of purchase. All recurring subscription billing will occur at the beginning of each month for the entire current month. We may bill you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment. You will pay us the applicable fees and charges for use of the Service Offerings as provided at the time of purchase on the ROG Site using one of the payment methods we support. All amounts payable by you under this Agreement will be paid to us without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the ROG Site, unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services you are using by giving you at least 30 days’ prior notice. We may elect to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.

Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. All fees payable by you are exclusive of Indirect Taxes. We may charge and you will pay applicable Indirect Taxes that we are legally obligated or authorized to collect from you. You will provide such information to us as reasonably required to determine whether we are obligated to collect Indirect Taxes from you. We will not collect, and you will not pay, any Indirect Tax for which you furnish us a properly completed exemption certificate or a direct payment permit certificate for which we may claim an available exemption from such Indirect Tax. All payments made by you to us under this Agreement will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us is equal to the amount then due and payable under this Agreement. We will provide you with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Agreement.

By completing the purchase transaction, I accept the terms of this Subscription Agreement and I will accept and fully comply with all of the terms of ROG’s Terms of Use and the other policies and agreements incorporated in the Terms of Use.

 

 

Terms of Use 

Last Updated: December 29, 2020

Introduction: Your Agreement to these Terms of Use
Welcome to the ROG (ROG Security, Inc.) website. These Terms of Use for this website, mobile application, ROG API, and ROG Service is a legal contract between you, an individual user or a single entity, and ROG regarding your use of the Service (the “Service”). These Terms of Use apply to and incorporate ROG’s Acceptable Use Policy, its Privacy Policy and its Subscription Agreement.  ROG’s service provides hardware and cloud based threat detection software which analyzes video feeds from connected cameras in real time and delivers details of potential threats to the users selected internal or external guard organization in order for them decide if they wish to take action (the “Service”). These Terms of Use apply if you are visiting our website in order to familiarize yourself with and to inspect the Service, if you are using the Service as part of a free trial offered by ROG or if you are accepting the terms of ROG’s Subscription Agreement and purchasing a subscription to the Service. The terms “you,” “your,” and “yours” refer to you, the user of the Service. The terms “ROG”, “Company”, “we”, “us”, and “our” refer to ROG Security, Inc. We may make changes to these Terms of Use. It is your responsibility to review the most recent version of these Terms of Use frequently and remain informed of any changes to it. You agree that your continued use of the Service after such changes have been published to the Service shall constitute your acceptance of such revised Terms of Use.

Limited License to Use the Service
Subject to these Terms of Use, if you order a free trial of the Service or if you order a subscription to the Service we grant to you a limited, personal, non-exclusive, sharable but non-transferable license to use the Service for your personal or internal security use. Your right to use the Service is limited by the terms set forth in these Terms of Use. If you are using the Service during a free trial period, the term of your license is limited to the trial period. If you have purchased a subscription, you are being granted a monthly license to use the Service which automatically renews every month unless you notify us of your intention to terminate your subscription pursuant to the terms of the Subscription Agreement. During a trial period or if you have ordered a subscription you may share access to the Service, without charge with third parties who have an interest in your security activities, such as your guards, your guards central monitoring station or the owner of a property which utilizes security services. You must comply with all applicable laws and receive authorization and approval from any third party with whom you wish to share the Service, but ROG has no input into your decision of with whom you choose to share access to the Service. The Service is intended to be used only for legitimate security purposes. You are not allowed to share access to the Service with any third party that does not have a legitimate interest in your security operations. ROG may terminate your ability to share the Service with any person or entity at any time, for any reason, in its sole discretion.

You own the actual video which is captured by your camera(s), but except for this license granted to you, we retain all right, title, and interest in and to the Service and the alerts it generates, including all related intellectual property rights, and you also agree that ROG owns all of the intelligence created from processing video feeds. The Service is protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service, without the consent, and agreement from ROG.

Access to the Service; Modifications to the Service
You are responsible for all fees charged by third parties to access the Service (e.g., charges by internet service providers). If you are using the Service on behalf of a company, entity, or organization, then you represent and warrant that you: (a) are an authorized representative of that organization with the authority to bind such organization to these Terms and (b) agree to be bound by these Terms on behalf of such organization.

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We reserve the right to restrict, suspend or terminate your access to the Service for a violation of these Terms of Use, non-payment of your subscription fees, or for any other reason, in our sole discretion. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. If your access is terminated by us for a reason other than a violation of these Terms of Use or for non-payment, we may, at our discretion, refund to you a pro rata portion of your monthly subscription fee. We reserve the right, at any time, to change or impose fees for access to and use of the Service. Periodically the Service may not be available due to maintenance. While ROG will endeavor to make the Service continually available, you understand and agree that ROG does not guaranty that the Service will always be available at any given time. ROG has no control over, among other things, interruptions in internet service, or improper installation of your cameras or other equipment. You agree that ROG has no liability for your inability to access the Service.

In order to use the Service, if you are an individual, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and to abide by and comply with these Terms. We reserve the right to, among other things, (i) request credit information about you, (ii) request references or other information regarding your history and activities in the guard or security business, as well as that of third parties with whom you intend to share access to the Service, (iii) request information regarding the location or premises for which you intend to use the Service or (iv) any other information we deem relevant before accepting your subscription. We reserve the right, without liability to refuse to allow access to any person or entity in our sole discretion. PROVIDED, HOWEVER, THAT REGARDLESS OF ANY INQURIES WE MAY MAKE, YOU AGREE THAT ROG HAS NO RESPONSIBILITY OR LIABILITY FOR ANY IMPROPER, INAPPROPRIATE OR ILLEGAL USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OF VIOLATION OF PRIVACY OR INTELLECTUAL PROPERTY INFRINGEMENT.

Content
The Service alerts users about potential security risks and threats based on criteria allowed by the Service and shown on your security camera(s). You are solely responsible for all decisions of where to place a camera(s), what images you decide to film, how and with whom you share images you film, how you use your camera(s) and for the content of all video and film captured or otherwise shown on your camera(s) (collectively, “Content”). ROG HAS NO CONTROL OVER YOUR CONTENT, INCLUDING BUT NOT LIMITED TO ANYTHING YOU MAY CHOOSE TO FILM WITH YOUR CAMERA(S).  YOU AGREE ROG HAS NO RESPONSIBILITY OR LIABILITY TO YOU OR TO ANY THIRD PARTY WITH WHOM YOU SHARE ACCESS TO THE SERVICE FOR ANY ILLEGAL, INAPPROPRIATE OR IMPROPER IMAGES YOU CAPTURE ON A CAMERA.

You are the owner of your Content and are solely responsible for your conduct and the content of your Content, as well as any of the content contained in your communications with other users of the Service, and you are solely responsible for the consequences of accessing, retrieving or making available such Content. You are solely responsible for maintaining and protecting all Content that you access, retrieve or distribute, circulate or otherwise make available, or that is otherwise processed, through the Service. In connection with Content, you affirm, represent and warrant that: (i) you have the necessary licenses, rights, consents, and permissions to enable use of the Content in the manner contemplated by the Service and these Terms, and (ii) your use or making available of the Content on or through the Service does not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person, or (C) violate any applicable law or regulation. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Content accessed, retrieved, made available or that is otherwise processed, by you on or through the Service.

YOU UNDERSTAND THAT ROG DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY CONTENT. If at any time, ROG chooses, in its sole discretion, to monitor Content, ROG nonetheless assumes no responsibility for Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, usefulness, or legality of such Content.

Restrictions
The Service is controlled and hosted in the United States of America. You must comply with all applicable laws, including U.S. export control laws, when using the Service. ROG makes no representations that the Service is appropriate or available for use in other locations. If you are accessing or using the Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with all applicable local laws. Except as may be expressly permitted by applicable law or authorized by the applicable holder of intellectual property rights to any of the Content made available on the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the Content or compile or collect any Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service or Content for any purpose except for your own personal or internal business use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Content.

Privacy Policy
Privacy is important to ROG. your filming, collection and use of images is governed by our Privacy Policy.

Please read this policy carefully.

Account Information
In order to access the Service, you will have to create an account. You represent and warrant that the information you provide to ROG upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent, and agree that ROG may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claim that any Content violates the rights of third parties; (d) provide certain features of the Service to you, if any, (e) respond if you contact ROG for any reason; or (f) protect the rights, property, or personal safety of ROG, other users of the Service, and the public.

Password
If you create an account, you will be asked to provide a password. You agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify ROG if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY ROG OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT., and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service.

Use Restrictions
You are solely responsible for any Content and other material that you film, video, capture, publish or display or transmit to other users of the Service.

You will not use the Service to: (a) upload, post, publish, or otherwise transmit or make available any information, including film or video recordings, photos, graphics, commentary or any other content, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm ROG or third parties in any way; (c) upload, post, publish, or otherwise transmit or make available any Content that you do not have a right to transmit or make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, email or otherwise transmit or make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (e) upload, post, publish, or otherwise transmit or make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (g) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (h) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (i) “stalk” or otherwise harass another; (j) film, video or record Content that in any way refer to persons under 18 years of age or which reasonably is sexually suggestive or otherwise inappropriate; or (k) collect or store personal data about other users.

If you see content on the Service that violates these use restrictions, please contact us at hello@ROG.co.

Disclaimer of Warranties
YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE OR CONTENT, AND YOU RELY ON THE SERVICE AND CONTENT AT YOUR OWN RISK. WE CAN NOT GUARANTY THAT ALL THREATS WILL RESULT IN AN ALERT, EVEN IF YOU SPECIFICALLY REQUEST THAT AN ALERT BE DELIVERED FOR A SPECIFIED LOCATION, TIME PERIOD OR ACTIVITY. NO SECURITY SYSTEM IS FOOLPROOF. ANY CONTENT OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OTHERS OR TO YOUR COMPUTER OR FOR YOUR LOSS OF DATA THAT RESULTS FROM THE ACCESS, DOWNLOAD OR USE OF ANY INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE. THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION, MATERIALS, OR DATA OFFERED ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

THE SERVICE PROVIDES INFORMATION ONLY IN THE FORM OF ALERTS ABOUT POTENTIAL THREATS TO PERSONS AND PROPERTY BASED ON CRITERIA WHICH YOU REQUEST AND BASED ON HOW YOU DECIDE TO EMPLOY YOUR CAMERAS AND OTHER SECURITY EQUIPMENT AND SYSTEMS. THE SERVICE CAN NOT ANTICIPATE ALL POTENTIAL HARMS, THREATS AND INJURIES. THE SERVICE MAKES NO DECISIONS ABOUT THE VALIDITY OR SERIOUSNESS OF A POTENTIAL THREAT. THE SERVICE PROVIDES INFORMATION ONLY. YOU ARE THE ONLY PERSON OR ENTITY MAKING DECISIONS ABOUT WHETHER OF NOT TO ACT ON AN ALERT THE SERVICE PROVIDES TO YOU. THE SERVICE ALSO CAN NOT ASSURE THAT YOU OR YOUR GUARD COMPANY PROPERLY MONITORING THE SYSTEM TO ENSURE THAT IT IS WORKING AS YOU EXPECT, THAT YOU OR YOUR GUARD COMPANY WILL BE AWARE OF ALERTS WHICH THE SERVICES IS DELIVERING, OR THAT POTENTIAL WRONGDOERS WILL NOT CIRCUMVENT THE SYSTEM.

YOU UNDERSTAND AND AGREE THAT ROG HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE CONSEQUENCES OF ANY ACT OR NON-ACTION WHICH YOU OR YOUR GUARD COMPANY MAY OR MAY NOT TAKE BECAUSE OF ANY ALERT.

YOU OR YOUR GUARD COMPANY ALONE CHOOSE WHICH OF THE POSSIBLE MONITORING SERVICES AND ALERTS WHICH ROG PROVIDES AS A SERVICE FROM TIME TO TIME TO UTILIZE. YOU UNDERSTAND AND AGREE THAT ROG HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE FAILURE OF THE SERVICE TO DELIVER ALERTS FOR CRITERIA WHICH YOU HAVE NOT CHOSEN.

Limitation of Liability
AS QUALIFIED AND LIMITED BY THE LIMITATIONS AND RESTRICTIONS STATED ABOVE, IN ADDITION, ROG WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, INVASION OF PRIVACY, INTELLECTUAL PROPERTY INFRINGEMENT OR PROPERTY DAMAGE, OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, ATTORNEYS FEES, OR OTHER INTANGIBLE LOSSES (EVEN IF ROG HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR CONTENT. UNDER NO CIRCUMSTANCES WILL ROG’S TOTAL LIABILITY OF ALL KINDS, IF ANY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR CONTENT OR THE INABILITY TO USE THE SERVICE OR CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification
You will defend, indemnify and hold ROG, and its parent, subsidiaries, affiliates, distributors and the officers, directors, agents, employees, attorneys, and representatives of any of them, harmless from any and all claims, losses, obligations, costs, damages, liabilities and expenses (including attorneys’ fees) caused by (i) any action you and any third party with whom you share the Service take, or any inaction, based on the Service, including but not limited to personal injury or property damage; (ii) your use or misuse of the Service or Content; (iii) your violation of these Terms of Use; (iv) your violation of any rights of a third party through use of the Service or Content, including claims that any Content infringes or violates any third party privacy or intellectual property rights, or any unauthorized use of your account.

Open Source Components
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.”

Updates to these Terms of Use
We may occasionally update the Service and these Terms of Use. When we do, we will revise the “last updated” date on these Terms of Use. You should check the Service and these Terms of Use frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of use. This version of these Terms of Use shall supersede all earlier versions.

Legal Notices
Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Service will lie in the State and Federal courts located in Los Angeles County, California, and you irrevocably agree to submit to the jurisdiction of such courts. YOU HEREBY AGREE TO WAIVE A TRIAL BY JURY FOR ANY DISPUTE WHICH MAY ARISE BETWEEN US. The failure of ROG to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by ROG in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are entire and exclusive agreement between you and ROG relating to the subject matter herein and supersedes any prior agreements between ROG and you regarding said subject matter.

Contacting ROG
If you have any questions or concerns about the Service or these Terms of Use, please send us a thorough description by email to hello@goROG.co or write to us at:

ROG Security Inc., PO Box 1492, South Pasadena, CA 91030 USA