TERMS OF USE


Please read this Terms of Use Agreement (this "Agreement") carefully since this Terms of Use Agreement is a binding legal agreement between Alacer Corp. ("We" or "Us" and possessively "Our") and an individual who visits or uses any page on this Alacer Corp. website ("You") located at www.emergencshots.com (the "Website").

 

If You do not agree to these Terms of Use, do not visit www.emergencshots.com. By being a Visitor to the Website, You are accepting, and agreeing with, these Terms of Use.

 

YOUR USE OF OUR WEBSITE

You may use the Website on an "as is" and "when available" basis. We are not responsible or any type of errors or delays in respect to the Website.

 

YOUR SUBMISSIONS

So that We may use the information you supply to Us ("Your Submission") without violating any rights you might have in Your Submission, you grant to Us non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) rights to maintain and use Your Submission, in any media now known or not currently known. By including Your name, name and address, name and e-mail address, or e-mail address in Your Submission, You agree that notwithstanding our Privacy Policy, We may use and disclose Your name, name and address, name and e-mail address, or e-mail address, as the case may be, in connection with the use of Your Submission. If We use Your address in connection with the use of Your Submission, We will only specify Your city and state not Your physical street address.


RESTRICTED ACTIVITIES

Information You provide to Us and Your activities on the Website shall not: (a) be false, fraudulent, inaccurate or misleading; (b) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (c) violate, or solicit the performance of any activity which would violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising); or (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Alacer server, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

 

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Ours, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

 

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Our systems or networks, or any systems or networks connected to the Website or to Us.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use,

 

CONTACTING YOU

By providing Us with Your contact information including Your address, phone number or e-mail address, You are giving Your permission and agree that We may contact You even if the phone number is on any "do not call" list. Please be aware that all calls made to Us may be recorded or monitored for quality assurance purposes.


DATA SECURITY

Although We have taken what We believe to be reasonable and appropriate measures to ensure that Your personal information is delivered and disclosed only in accordance with Our Privacy Policy, We cannot and do not represent or guarantee that the personal information You provide will not be seen or intercepted by others.


CONTENT AND INTELLECTUAL PROPERTY RIGHTS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Alacer, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Alacer's express prior written consent.

 

You may use information on Alacer products and services purposely made available by Alacer for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.


INDEMNITY

As a condition of use of this Website, You agree to indemnify Alacer, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from and against any and all loss, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Your use of this Website, including, but not limited to, any claim which if true would constitute a breach of this Agreement by You.


LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER WE, NOR ANY OF OUR OFFICERS, MEMBERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE PROVIDERS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR PRODUCTS PROVIDED BY OR THROUGH THE WEBSITE; THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VERBAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY US, OR ANY OF OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, OR ASSOCIATES, SHALL CREATE ANY WARRANTY. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN PROVIDING INFORMATION OR SERVICES ON OR THROUGH US OR THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, LACK OF INTERNET CONNECTIVITY, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL DATA RECEIVED AND/OR MAINTAINED BY US AS WELL AS ANY CONTENT AVAILABLE THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

LINKS TO THIRD PARTY WEBSITES

Through use of this Website, You may be linked to a website maintained by one or more third parties. We do not operate or control and are not responsible for in any respect any information, content, software, products or services available on or through such third party websites. A link available on Our Website to a third party website does not imply any endorsement of the products or services of that or any other third party or the website of a third party or its contents. You will need to make your own independent judgment regarding your interaction with these linked websites.

 

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to Your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Us and You arising out of or in connection with Your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.


VOID WHERE PROHIBITED

Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in Our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If You choose to access the Website from outside the United States, You do so on Your own initiative and You are solely responsible for complying with applicable local laws.

 

OTHER TERMS

We believe that the information contained on Our Website is accurate and reliable; however, errors sometimes occur; We will attempt to promptly update information that we find to be incorrect. This Agreement constitutes the entire agreement between You and Us and it supersedes all prior or contemporaneous communications, promises and proposals, whether verbal, written or electronic, between You and Us with respect to this Website and information, software, products and services associated with the Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted to You by this Agreement are reserved by Us. If You use this Website in an inappropriate manner or in any way that violates our Terms of Use, Your use of this Website may be limited or terminated, both in Our sole discretion.


CHANGES TO THESE TERMS OF USE

We reserve the right to change these Terms of Use at any time without notice. Any change to these Terms of Use shall be effective, unless otherwise specified, immediately upon posting the amended Terms of Use on this Website. If You do not agree to the amended Terms of Use, do not visit this Website after such amendment. By visiting this Website after such amendment to these Terms of Use, You are signifying Your acceptance of, and agreement with, such changes.