TERMS OF SERVICE

These terms of service, together with any other agreements or terms incorporated by reference, including the Assured Privacy Policy (available at https://www.assuredallies.com/privacy-policy) (the “Terms“) govern your use of the Services. These Terms constitute a binding and enforceable legal contract between Assured and You. By using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term “You” will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.

  1. Definitions
    1. Services” means the Assured’s website located at www.assuredallies.com, and any services, documentation, and software made available thereon.
    2. User Data” means data relating to Your use of the Services, including but not limited to information related to:
      1. Your contact information, including email addresses,
      2. information obtained by or provided through the Service,
      3. resource usage,
      4. free text submitted by You.
    3. We“, “Us“, “Assured” or “Our” means Assured, Inc., or any affiliate thereof.
    4. You” or “Customer” means the company or other legal entity and its affiliates for which you are accepting these Terms.
  2. The Services
    1. Children under 18.  The Service is not directed at children.  If you are a child, please do not use or attempt to register to use the Service.
    2. Obligations. In your use of the Services You agree to comply with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property rights and export control, including any laws and regulations applicable to the operation of unmanned aircraft systems.
    3. Restrictions. You must not misuse the Services. For example, you may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services; or (e)  reverse engineer or decompile the Services, scrape the Services, attempt to do so, or assist anyone in doing so.
  3. Intellectual Property Rights
    1. Retention of Rights. All rights not expressly granted to You under these Terms are reserved by Assured and its licensors. We and our licensors reserve all rights, title and interest to the Services and any of their related intellectual property rights. The Terms do not convey to You an interest in or to Assured’s intellectual property rights. Nothing in the Terms constitutes a waiver of Assured’s Intellectual Property Rights under any law.
    2. Feedback. To the extent You provide us any feedback, comments or suggestions (“Feedback“), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
  4. Indemnification. You will indemnify, defend, and hold harmless Assured, its affiliates, resellers, employees and agents (the “Indemnified Parties“) from and against all liabilities, damages, and costs (including reasonable attorneys’ fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your Content or your use of the Services infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.
  5. Disclaimers of Warranties
    1. THE SERVICES ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND ASSURED DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
    2. OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
  6. Limitation of Liability
    1. IN NO EVENT WILL ASSURED BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ASSURED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. IN NO EVENT WILL ASSURED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED AN AMOUNT OF US$100.00.
    3. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
  7. Term and Termination
    1. Term. These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated.
    2. Termination. You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time at our discretion and without notice if You do not comply with these Terms.
    3. Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.
  8. Governing Law and Jurisdiction
    1. These Terms are governed by the laws of the state of New York excluding rules as to choice and conflicts of law and the courts in the state of New York will have jurisdiction; however, Assured or its affiliate may bring suit for payment in the country where Your entity is located. You and Assured agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
  9. General
    1. Changes to Terms. Assured may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Service. You are responsible for checking the website regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
    2. Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
    3. Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
    4. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Assured.
    5. Entire Agreement. These Terms contain the entire agreement between Assured and You relating to your use of the Services and supersedes any and all prior agreements between Assured and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Assured in these Terms.
    6. Assignment. You may not assign your rights or delegate your obligations under these Terms without Assured’s prior written consent. Any purported assignment contrary to this section will be null and void. Assured may assign its obligations hereunder among the various Assured entities within the Assured group, by a change to the definition of Assured hereunder which change will become effective upon posting on the Service.
    7. No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.