1. I am competent and of legal age to enter into binding contracts in the state in which I enter this Agreement with ComAlert, LLC.
2. This Agreement will continue for one year from date of signing. This agreement falls under the powers of the Security Initiative Grant Fund given to ComAlert, LLC by the members of The Elkan Group, LLC. Payment for membership to the ComAlert System is paid in full.
3. Neither I nor my spouse (if any) has been an employee of ComAlert and has not owned, had ownership affiliation with or any other associated work related agreements written or implied.
4. I understand that I am responsible for ensuring the safety of the ComAlert system and that only responsible and trusted individuals with the authority to inform a city and its residences will use the ComAlert system. I am also responsible for granting access to others capable of using the ComAlert system.
5. I understand that I must keep all information about the ComAlert system safeguarded and confidential from others that are not a part of this system. I will make no copies or give away any information about the ComAlert system that will breach the trust and privacy of ComAlert. I will not allow any possible competition view or review any information of the ComAlert system at any time. I understand that ComAlert has the ability to monitor all sign-ins and printing of any information from this site, including 'Print Screen/SysRq'.
6. I have carefully reviewed the ComAlert, LLC ComAlert Agreement and acknowledge this Agreement in its present form and can be modified from time to time by ComAlert, LLC at its sole discretion.
7. I agree to abide by any and all such amendments. The continuation of this agreement constitutes my acceptance of any such amendments.
8. My violation of any of the terms of this Agreement may result, at ComAlert, LLC discretion, cancellation of this Agreement, or other corrective action as specified in our agreement.
9. I may cancel this Agreement for any reason at any time by giving written notice to ComAlert, LLC bearing my original signature, printed name, address and Customer Name. Written cancellations will be effective upon receipt by ComAlert, LLC. Cancellation notices must be mailed to: ComAlert, LLC, P.O. Box 7172 #319, 195 Hwy. 50, Stateline, Nevada 89449-7172. Faxed cancellations cannot be accepted. I understand that my city/agency is responsible for any outstanding balance of the contract (if any) if they choose to request services beyond the current funding for the ComAlert System.
10. This Agreement constitutes the entire agreement between ComAlert, LLC and me for ComAlert, LLC and no other promises, representations, guarantees or agreements of any kind will be valid unless in writing and officially authorized by ComAlert, LLC. This provision does not in any way limit ComAlert, LLC ability to unilaterally amend or modify this Agreement without my prior written consent.
11. If any provision of this Agreement is held to be invalid all other provisions shall remain valid and enforceable.
12. The term of this Agreement is one year. This Agreement will be automatically renewed annually on each anniversary date of the acceptance of this Agreement by ComAlert, LLC, unless otherwise canceled.
13. All claims or disputes of any nature between one or more current or former agencies or officials and ComAlert, LLC (or its officers or employees), if not resolved by mutual agreement, shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Such arbitration shall take place in Douglas County, Nevada and the laws of the State of Nevada shall govern. The arbitration shall be conducted by three (3) arbitrators, one appointed by each of the two parties, and the third appointed by the two party appointees. Discovery shall be permitted in such arbitration and shall be conducted in accordance with the Federal Rules of Civil Procedure and the local rules of the District of Nevada. The prevailing party in any proceeding between City/Agency and ComAlert, LLC (or its officers or employees) shall be entitled to an award of attorneys? fees and costs.
14. Indemnity of ComAlert & Tekbrokers VENTURES, LLC. I agree to hold harmless ComAlert and/or Tekbrokers VENTURES, LLC, and/or members/partners for any actions or non-actions that may arise from our agreement or of the ComAlert system itself. I understand that ComAlert and Tekbrokers VENTURES, LLC can change this agreement at anytime and for any reason. Such notifications can be posted on the internet site itself or sent via email to the address given during registration. ComAlert, LLC and Tekbrokers VENTURES, LLC does not hold the city or government agency responsible for any loss of personal information of the users on this system.
15. I agree to never use the ComAlert system unless it is for warning our city or communicating to our city an alert for the safety of our citizens and for any other service that is provided in this system.
16. I agree to never give out or allow others to view or tamper with the ComAlert system for their own benefit or for the benefit of others. I will hold the ComAlert System completely secure at all times. It is only used for Law Enforcement and government officials that it is intended for and registered to. No one that is not registered in the system can view or use the system. I further agree to never copy or download any images of the system for viewing to others outside the registered users. Printing or copying any information on the ComAlert system is completely forbidden. I agree to ask permission for any information for purposes of presentations that will benefit both ComAlert, LLC and my agency.
17. I understand that by violating any of these rules and agreements, that I can be violating various local, state and federal laws including international laws and that I am completely responsible for the safe keeping and safety of the ComAlert System in my control.
18. I understand that I must contact ComAlert ASAP in the event of any breach of this agreement or of the ComAlert System itself. Failure to do so can cause enormous harm and personal damages to the safety of the ComAlert System and others within it. I understand that I may only use it within the means of the laws and abide by the rules and regulations of using the ComAlert System. I understand that I may be privileged to view person information on certain people and that this information must at all times remain private and confidential to any and all persons using the ComAlert System. It will never be used for any other purpose other than what it is intended for. I agree that in the event of any breach, if it is not of the ComAlert, LLC staff or system itself, we are held completely responsible for our actions that might have caused any breach of the ComAlert System.
This Contract is the sole property of ComAlert, LLC ?2003-2006
