Terms of Use.

Last updated: Feb 14, 2022

Please read these terms and conditions carefully before using our Service.

1. Contractual Relationship

A.  These Terms of Use (these “Terms”) are a binding agreement between you (“you” or “Member” or “Officer”) and Secur, LLC., (referred to herein as “Company” or “Secur”) and these terms govern your use of the Company applications, products and services provided through the Company’s mobile application and any related website (collectively, the “Service” or “Services”).

B.  Accessing or using the Services thereby confirms your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.

C.  Secur may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

D.  We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Services.

E.  Please read these Terms and our Privacy Policy carefully before using the Services. Please note: These terms contain a mandatory arbitration clause, class action waiver and waiver of jury trial. By accepting these terms and using the Services, you expressly waive your right to bring claims outside of arbitrations, claims for non-individualized relief (including participating in a class action), and to trial by jury. If you do not agree to these Terms, you may not access or otherwise use any Service.

F.  Limitation of Liability: as further detailed herein, if Company or any of its affiliates, agents, representatives, suppliers, service providers, contractors, independent contractors or subcontractors (collectively, “Related Parties”) are found liable for any liabilities, expenses, losses, costs, deficiencies, fines, penalties, judgements, or damages (including consequential or punitive damages) of any kind or nature, or out of pocket legal or other expenses including, without limitation, reasonable attorney’s fees and expenses (collectively “Losses”) due to its negligence, negligence per se, breach of warranty, violation of any consumer protection statute or failure to perform its or their obligations under these Terms, the maximum liability (including, without limitation, joint and several liability) will be two thousand five hundred dollars ($2,500.00 US).  This amount is the agreed upon damages, is not a penalty, and shall be your exclusive remedy. To the full extent permitted by law, you assume the risk of losses, including to personal property and personal injury (including death) and you hereby waive any and all rights of recovery in excess of $2,500.00 for any claim, action or cause of action against the Company or Related Parties for any losses arising from or related to Services. Further, you hereby release and waive for yourself and any insurer all subrogation and other rights to recover against Company or Related Parties arising as a result of the payment of any claim for loss, damage or injury. You  understand and agree that the Services may not perform as expected.

​2. Intended Goals of the Services

A.  Secur is not a private security operator. Secur operates a multi-sided digital marketplace platform (the “SECUR Platform”) that is offered in several forms, including mobile device applications and/or web-based applications (collectively, the “Applications”). Secur serves as a platform for scheduling, fee collection and processing on behalf of the Companies contracted with Secur. Among other things, the Secur Platform enables you to request, schedule and receive: (i) services rendered by Contractors of Secur by facilitating your connection and payment to independent third-party providers, including but not limited to private security officers (“Third Party Providers”), for the purchase of membership, services or goods, such as private security protection services from those Third-Party Providers; and (ii) any related content or services, including payment processing and customer support. The Secur Platform and the Secur content or services described in this section are Services, as defined herein. Unless otherwise agreed by Secur in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

B.  For Members, You acknowledge that your ability to obtain private protection services from third party providers through the use of the Services does not establish Secur as a provider of such private protection services. Secur is not a private security provider, does not provide protection or other security-related services, and use of the Secur Platform is only open to registered users of the Secur Platform and not to the general public.

For Officers, You acknowledge that your ability to provide services on the Secur Platform is bound by the contractual obligations agreed to by and between Secur and the Licensed Company under which you are working. Officers are NOT employees of Secur and are only acting as sub-contractors.

C.  Members acknowledge that the Third Party Providers are not actual agents, apparent agents or ostensible agents or employees of Secur in any way.

D.  The primary goal of the Service is to help Users/Members obtain access to private protection professionals in order to help deter danger, crime and other risk for members. In accordance with these Terms, Company is committed to providing access to the Services through contractors, when available, to the subscribing member only. Please note that not all Services are available in all areas or at all times. The purchase of a membership does not guarantee any or all Services will be available to at any given time or location.

1. In high-risk situations, Third Party Providers may not be able to intervene, and/or may be required to request assistance from 911, police, or other public emergency responders.

2. When notified by a member of an emergency, a Third Party Provider may  share relevant data with emergency responders to enable them to determine the nature or location of the threat and/or respond to a Member’s emergency.

3. The Services offered to a Member, including transportation, bodyguard, and all other in-person services offered by Third Party Providers through the Service (collectively, “In-Person Services”) are subject to availability in the Member’s area. All In-Person Services may be provided by a subcontractor or independent contractor connected through Company.

4. The Service contains FAQs and suggested protocols for use of Services. 

5. The Member is responsible for reviewing and being familiar with all terms, conditions, FAQ’s and recommended protocols for Service.

E. When a Member or User of the App accept the charges to request an officer, Member/User is providing permission for responding Agent to provide protection for Member/User. Any additional services must be acknowledged through verbal or text communication within the app.

​3. What Members Cannot Expect From the Services

A. Member should not stop or reduce other safety practices due to their Company membership or access to Services.

B.  Company or a Third Party Provider cannot ensure the Member’s safety. Member cannot expect that the Services will keep Member safe from potential attackers, criminal activity or other risks and dangerous situations.

C.  The Services are designed to assist members with the intention (but not the guarantee) of reducing the likelihood of unsafe situations materializing or worsening. However, the Service (including without limitation, in-person protection or bodyguard services) cannot exclude or eliminate all risk of harm.

D.  Company maintains the sole discretion not to deploy its employees or Related Parties into potentially dangerous situations. Third Party Provider(s) will work with local authorities (911, police, emergency responders) to send the appropriate party(s) to assist Member.

E.  Company and each Third Party Provider has no control over and cannot guarantee the response time of any of its own providers, third party providers, contractors, emergency responders or other public authorities or its personnel. Not all locations have equal access to public authorities and other external partners or In-Person Services. Member should be aware of Member’s location at all times with respect to potential response times.

F.  Third Party Provider is not responsible for the safety of Members or non-members.

G.  Member cannot expect all Company or Third Party Provider issued notifications, applications, data, and tools to be entirely error-free. The Services rely on predictive analytics that may not always be accurate.

H.  Member cannot expect that the Services are provided by Company employees. Company utilizes independent contractors and subcontractors to provide the Services to Members, including, but not limited to, connecting Members to security officers sourced through reputable private security companies.

I. Member cannot expect Services to be provided in situations where Member is involved in illegal activities. Should Third Party Provider determine that illegal activities are being conducted by the Member, Services can be denied, but Member will be responsible for all charges without refund.

J. Member accepts that in some situations, the Third Party Provider may deem it necessary to request back-up assistance from one or more additional Third Party Providers. Member accepts all charges incurred for additional Third Party Provider support at the professional discretion of the Third Party Provider.

4. Service Description; Grant of Limited License Usage Rights; Ownership of Service

A.  All software provided in connection with the Service is licensed hereunder by Company to the Member solely to enable use of and access to the Service. Subject to Member’s full and continued compliance with these Terms of Use, Company grants Member a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Service for the license term as agreed upon by Member. Company may, in its sole discretion, change the functions and capabilities of the Service at any time. Member acknowledges and agrees that Company retains all rights, title, and interests (including without limitation patent rights, copyright rights, trademark rights, and other intellectual property and proprietary rights) in and to the Service and related documentation and computer code, including, without limitation, all copies, modifications, translations and other derivative works that duplicate or are based on the Service or components thereof. Member acknowledges that the Service is proprietary to Company and that Company reserves all rights not expressly granted herein and no other rights and licenses are granted or deemed to be granted hereunder.

5. Limited Warranty; Other Precautions

A. Limited Warranty: Third Party Provider is committed to servicing its members in a manner consistent with general industry standards. Company will endeavor in good faith to provide the Services as described in these Terms.

B. Other Precautions

1.  It is Member’s responsibility to provide true, complete and accurate information to Company when registering for or utilizing the Services, and to keep that information up-to-date at all times. Failure to provide Company with accurate information, including but not limited to, your correct legal information, legal name, accurate photo image, and legal identification documents, may impair the effectiveness of the Services and could result in denial of Service, and Member will still be charged for Service if denied, without refund.

2.  The Service are not failsafe, and Company cannot guarantee that notifications will be sent, received, or read by Third Party Provider or Member. Company and Third Party Provider’s products and the Services depend upon cellular service for operation, transmission, communication, and determination of location. If Member is in an area with little or no cellular service or conditions that otherwise prevent the effective operation of the cellular networks used by Company and Third Party Provider, including faulty or failed equipment, weather conditions, power outages, upgrade or maintenance work, radio frequency and/or cellular battery failure, there may be interruptions or delays in the Service. Similarly, Company and Third Party Provider cannot guarantee arrival times for In-Person Services, the performance of which may be interrupted or delayed by weather, traffic, and other adverse conditions. Company and Third Party Provider are not liable for any interruptions or delays impacting its products or Services and may not be aware of such interruptions or delays without notice from Member. Accordingly, the Service should be used as only one of several precautions that Member takes related to personal safety.

3.  Member acknowledges that Company and Third Party Provider may be subject to applicable laws and industry standards designed to reduce false alarms and that may result in practices and procedures that delay either the notification of emergency responders or verification procedures in response to any notice of an emergency. If Company or Third Party Provider reasonably believes that no emergency exists, it may elect, at its own discretion, not to physically respond in person or provide the Services consistent with these Terms.

4.  Member acknowledges that the provision of certain Services may be restricted or prohibited in or around particular environments, including, for example, airports, aircraft, hospitals, war zones, or areas in which there is civil unrest. Third Party Provider maintains sole authority to refuse to provide or modify any portion of the Services in its sole discretion.  Member agrees to comply with all such restrictions. Further, Member agrees to immediately notify Third Party Provider of any interruption, error, restriction or problem with its product or Service.

6. Member Content: Member Responsibilities; Member Representations and Warranties; Restrictions on use, Prohibited Uses

A. User Responsibilities

1.  Member is solely and exclusively responsible for all of Member’s activity in connection with the Service.

2.  Member is responsible for obtaining all insurance coverage that Member believes is necessary to protect Member (including any family members or dependents), and Member’s residence, belongings or business, including coverage for personal injury (including death) and property damage.  The payments Member makes under these Terms are not related to the value of the Member, Member’s possessions, Member’s residence(s) or the persons occupying Member’s residence(s), but rather are based on the cost of the system and the Services and take into consideration the protections afforded to the Company and Third Party Provider (s) under these Terms. Member, on behalf of themself, and their family members and all other parties who may have an interest in Member’s safety and security hereby releases Company, its Third Party Providers, members, stockholders, officers, employees, contractors and all Related Parties from any liability for any event or condition customarily covered by homeowner’s, life, disability or business insurance, as applicable. Member acknowledges that Company and Third Party Provider’s products and services are designed to reduce, but not eliminate, certain risks. Company and Third Party Provider(s) do not guarantee that its services or products will prevent injury, loss, or damage to person or property, and Company assumes no liability for those risks.

3.  As part of the Services, Member may receive communications through the Services, including messages that Company sends Member (for example, via SMS or email). By participating in the Services, Member agrees to receive communications from Company, and represents and warrants that by providing a wireless phone number and/or email address to Company, Member consents to receive communications from Company.  In addition to any fee of which Member is notified, Member’s mobile provider’s standard messaging rates may apply to confirmation SMS, MMS or other text messages (each a “Text Message”) and all subsequent Text Message correspondence. Under no circumstances will Company or Third Party Provider be responsible for any text messaging or wireless charges incurred by Member or by a person that has access to Member’s wireless device or telephone number. If Member’s carrier does not permit text alerts, Member may not receive the Text Messages from Company or Third Party Provider. Text Message services are provided on an As Is basis.

B. No Interference: Member’s use of the Service shall not unreasonably interfere with use of the Service by other members. Member understands and agrees that Company and Third Party Provider shall have the sole right to decide whether Member is in violation of any of the restrictions set forth in these Terms, and Company shall have the right to terminate Member’s access at any time and for or no reason.

C. User Content: Any information or content posted or transmitted through the Service is the sole responsibility of the person from whom such content originated, and Member accesses all such information and content at Member’s own risk. Member is responsible for all content Member contributes, in any manner, to the Service, and Member represents and warrants that Member has all rights necessary to do so, in the manner in which Member contributes it. Member will keep all registration information accurate and current. Member is responsible for all its activity in connection with the Service.

D. License to User Content

1.  Anything Member posts, uploads, shares, stores, or otherwise provides through the Service is Member’s “User Content.” In order to display User Content on the Service, and to allow other members to have access to it (where applicable), Member hereby grants Company a license to translate, modify, copy, store, make use of, reproduce and/or otherwise act with respect to such User Content. Member agrees that the licenses Member grants are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. Member’s ownership of User Content is not affected.

2.  If Member shares User Content publicly on the Service and/or in a manner that more than just Member can view, (each of the foregoing, “Public User Content”), then Member grants Company the licenses above, as well as a license to display, perform, and distribute Member’s Public User Content for the purpose of making that Public User Content accessible to other members and providing the Service necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Content in connection with the Service and/or otherwise in connection with Company’s business. Also, Member grants all other members of the Service a license to access that Public User Content, and to use and exercise all rights in it, as permitted by the functionality of the Service.

4.  Member agrees that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, and without any further compensation or right of Member to review or approve any of the following permitted uses, Company may and is hereby authorized (1) to photograph, videotape, film and otherwise record Member (including Member’s voice, image, likeness and appearance) in any audio, visual, multi-media or other format (collectively, “Recordings”), and (2) to publish, display, perform, transmit, broadcast, distribute and otherwise use and exploit the Recordings, in whole or in part, with or without modification, in any medium or technology now known or hereafter conceived, but only for purposes related to providing and/or improving Company’s Services (such as, for example: providing member services; and conducting internal training and quality assurance purposes). For clarity, Company shall not transfer, disclose or use recorded or saved information that reveal any personally identifiable information for any other commercial purpose (such as, for example, in promotional, marketing or advertising materials), except with Member’s written consent or as expressly permitted in Company’s Privacy Policy

5.  Company reserves the right to remove any User Content from the Service at any time, for any reason or for no reason at all. Member, not Company, remains sole responsibility for all Content that Member uploads, posts, emails, transmits, or otherwise disseminates using, or in connection with, the Service, and Member warrants that Member possesses all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Service and as otherwise provided herein.

6.  Member shall indemnify, defend and hold Company and all Related Parties harmless from all claims, losses, litigation, judgments and liens arising, directly or indirectly, from User Content and other information provided by Member.

E. Certain Prohibited Uses: Member may not: (1) use the Services for the benefit of a third-party or non-member except as necessary to facilitate Member’s direct use; (2) post or transmit through the Service, or cause to be posted or transmitted through the Service, any communication or solicitation designed or intended to obtain password, account, or private information from any person; (3) use the Service to violate the security of any computer network, crack passwords or security encryption codes; (4) run maillist, listserv, any form of auto-responder, or “spam” on the Service, or any processes that run or are activated while Member is not logged on to the Service, or that otherwise interfere with the proper working of or place an unreasonable load on the Service’s infrastructure; (5) use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Service; or (6) engage in any messaging or telephone calling through the Service in violation of any relevant laws or regulations (which may include and are not limited to, the Telephone Consumer Protection Act and the Do Not Call provisions of the Telemarketing Sales Rule).

F. User Representations and Warranties

1.  Member represents, warrants and agrees that (a) Member will access the Service solely for their individual, personal purposes (including those of any linked Member sharing the account); (b) Member’s account or access to Services will not be transferred to or used on behalf of a third-party or non-member; (c) Member will not remove any copyright, proprietary rights or other notice included in or on any portion of the Service, computer code or documentation; (d) Member will not distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Service to any third-party or reproduce or create derivative works based upon the Service or any portion thereof; and (e) neither Member nor anyone else will attempt to reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to discover the source code of the Service.

2.  Member represents, warrants and agrees that Member will not use the Service in a manner that (a) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third-party; (b) violates any law, statute, ordinance or regulation; (c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, false, obscene, libelous, or otherwise objectionable; (d) involves commercial activities and/or sales without Company’s prior written consent, including without limitation contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including without limitation any employee or representative of Company; or (f) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program. Member shall defend and indemnify Company, its members, stockholders, officers, employees, contractors and all Related Parties from all losses, claims, liens, judgments or suits arising, directly or indirectly from a breach of this section.

G. Third Party Content:  The Service may contain links or connections to third-party websites, content or services that are not owned or controlled by Company (including, without limitation, those related to Private Security services, or otherwise provided by Related Parties). When Member accesses third-party websites or content or uses third-party services (including those provided by Related Parties), it accepts that there are risks in doing so. Company encourages members to be aware when they leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that they visit or utilize.  Member acknowledges and agrees that: (a) Member assumes all of the risk relating to such third-party websites, content or services, (b) Member understands that such third-party websites, content or services is not being provided by or for Company; and (c) Company makes no warranties, express or implied, and shall have no liability in connection with, such third-party websites, content or services.

H. Third Party Rights: Company reserves the right not to monitor, and has no obligation to monitor, User Content and reserves the right to delete or disable User Content at any time and for any reason.

7. Payment and Membership Terms

A.  Paid Services: Some Services may be provided as paid services for subscribing Members only (the “Paid Services”).  If Member wishes to use the Paid Services, Member must pay and be current on all applicable fees and membership fees allowing for access to such Paid Services.  Member will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan selected when purchasing the Subscription. Paid Services will only be provided to paid, active Members, and a valid form of identification will be required at the time of service that must match the name on the Membership Account.  Should someone other than the Member be granted access to your Secur Membership, you, the Member, will be responsible for all costs associated with requested services, even if the services are denied based on Third Party Provider’s inability to validate that the identity of the individual requesting Services matches the name on the Membership Account.  Do NOT allow others to log in, access or use your Membership as you will be responsible for any and all charges incurred regardless of Services provided. 

B. Third Party Payment Processor: Company uses a third-party payment processor (the “Payment Processor”) to bill Member through a payment account linked to Member’s account on the Services (Member’s “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and Privacy Policies of the Payment Processor in addition to these Terms of Use. Company is not responsible for errors made by the Payment Processor. By choosing to use Paid Services, you agree to pay Company, through the Payment Processor, all charges at the prices then in effect for use of any such Paid Services in accordance with the applicable payment terms and Member authorizes Company, through the Payment Processor, to charge Member’s chosen payment provider (Member’s “Payment Method”). Member agrees to make payment using that selected Payment Method. Company reserves the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment.  For any questions or concerns about billing, Member must send an email to info@gosecur.com

C. Automatic Renewal: At the end of each period, your subscription will automatically renew under the most current terms and conditions unless you cancel it or the Company cancels it.

D.  Subscription Cancellations: You may cancel your subscription renewal either through your account settings page or by contacting the Company. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the Service until the end of your current Subscription period.  If the Subscription has been made through an in-app purchase, you can cancel the renewal of your subscription with the appropriate application store.

E.  Billing: You shall provide the Company with accurate and complete billing information including full legal name, address, state, zip code, telephone number, email and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will notify you indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice, and payment must be made to continue Services for Member.  If the Subscription has been made through an in-app purchase, all billing is handled by the appropriate application store and is governed by the application store's own terms and conditions.

F.  Fee Changes: The Company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. The Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

G.  Refunds:  Except when required by law, paid subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. If the subscription has been made through an in-app purchase, the application store's refund policy will apply. If you wish to request a refund, you may do so by contacting the application store directly. Refunds for requested Services are non-refundable. If Member feels the service was not provided, a request for a refund may be submitted to the Company, with no guarantee request will be granted.

H.  Free Trial: The Company may, at its sole discretion, offer a subscription with a free trial for a limited period of time. You may be required to enter your billing information in order to sign up for the free trial. If you do enter your billing information when signing up for a free trial, you will not be charged by the Company until the free trial has expired. On the last day of the free trial period, unless you cancelled your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.

I.  In-app Purchases: The Application may include in-app purchases that allow you to buy other products, Services or Subscriptions. More information about how you may be able to manage in-app purchases using your device may be set out in the Application store's own terms and conditions or in your device's help settings. In-app purchases can only be consumed within the Application. If you make a n-app purchase, that in-app purchase cannot be cancelled after you have initiated its download or request. In-app purchases cannot be redeemed for cash or other consideration or otherwise transferred. If any in-app purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement in-app purchase or issue you with a patch to repair the fault. In no event will we charge you to replace or repair the in-app purchase. In the unlikely event that we are unable to replace or repair the relevant in-app purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the application store to refund you an amount up to the cost of the relevant in-app purchase. Alternatively, if you wish to request a refund, you may do so by contacting the application store directly.  You acknowledge and agree that all billing and transaction processes are handled by the application store from where you downloaded the Application and are governed by that application store's own terms and conditions. If you have any payment related issues with in-app purchases, then you need to contact the application store directly.

J.  User Accounts: When you create an account with Company, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with the Service or a Third-Party Service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username or the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

K.  Your Feedback to Us: You assign all rights, title and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.

L.  Links to Other Websites: Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

M.  Termination: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.  Member may stop using the Service at any time by contacting Company at info@secur.one.  Please refer to Company’s Privacy Policy to understand how Company treats information a Member provides to Company after a Member has stopped using the Service.

N. Effects of Termination: Provisions that, by their nature, should survive termination of these Terms shall survive termination including, without limitation, any obligation Member has to pay (Payment Terms) or indemnify (“Indemnity and Disclaimers”) Company, any limitations on Company’s liability, any terms regarding ownership or intellectual property rights (i.e. “Service Description; Grant of Limited License; Ownership of Service”), and terms regarding disputes (i.e. “Dispute Resolution”), “Member’s Representations and Warranties,” and “General.”

O. Additional fees: if, during the time that services are being rendered, additional fees required to provide services are incurred by Secur or any of its Affiliates, Contractors or Sub-contractors, Members will be billed for such fees through the payment method on file. Customer can request explanation or challenge these fees by submitting requests to info@gosecur.com Examples of such fees may include parking fees, valet fees, toll road fees, venue admission fees, travel expenses, additional service time etc.

9. Indemnity and Member Obligations

A. Dissatisfaction with theTerms: Member’s only right with respect to any dissatisfaction with any modifications to these Terms, or any policies or practices of Company or Third Party Provider, including, without limitation, (i) any change in the content of the Service, or (ii) any change in the amount or type of license fees, if any, is to terminate use of the Service. There shall be no reimbursement of fees paid prior to termination.

B. Indemnification:  To the fullest extent permitted by law, Member agrees to indemnify, defend, hold harmless and release Company from liability and shall reimburse Company for any losses incurred in connection with any claims, suits, judgments and causes of action which relate to Company’s products or services (including the Service). This duty to defend and indemnify includes, without limitation, claims brought by any third-party, including, without limitation, Member’s insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability. The duty to defend and indemnify applies even in the case of Company’s negligence or breach of warranty.  Member waives any rights that Member’s insurance carrier or others claiming through Member may have against Company or Third Party Provider, including any rights of subrogation.

C. Not Member’s Sole Means of Personal Protection: These Terms is intended only for Member’s benefit. Therefore, to the fullest extent permitted by law, Member agrees to indemnify, defend, hold harmless and release Company and Third Party Providers from liability and shall reimburse Company and/or Third Party Provider for any losses incurred in connection with any claims, suits, judgments and causes of action which relate to Company or Third Party Provider’s products or services (including the Service). This duty to defend and indemnify includes, without limitation, claims brought by any third-party, including, without limitation, Member’s insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability. The duty to defend and indemnify applies even in the case of Third Party Provider’s negligence or breach of warranty. 

D. 9 – 1 – 1:  Member can dial 9-1-1 at any time using Member’s mobile phone or through the app when available. The Service is not the same as dialing 9-1-1. The Member should always dial 9-1-1 if Member believes Member or others to be in serious danger or at risk of bodily harm or suspect criminal activity.

E. Limited to English Language:  Member acknowledges that although Company is using reasonable efforts to expand languages supported by the Service, it does not currently support any language other than English. Member’s only right with respect to dissatisfaction with Company, including languages supported by the Service, is to terminate use of the Service.

F. User Authentication; Interaction with other Users: Company cannot and does not represent that any Member is the person who he or she claims to be. Member’s interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between Member and such organizations and/or individuals and at Member’s own risk. Member should make whatever investigation Member feels necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Member agrees that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

H. Certain Liability Exclusions:

1.  Member acknowledges that neither Company nor the Related Parties is an insurer of or against any potential or actual loss or damage to person or property that may occur.  Member acknowledges and agrees that it is extremely difficult to calculate the actual damages, if any, which may result from Company’s alleged failure to perform the Service(s) due or from the operation of its products, due to, among other things, the: (a) uncertain and/or unknown pecuniary value of any injury, damage or loss involving Member or their property; (b) uncertain and/or unknown response times of Third Party Providers or emergency responders; (c) inability to ascertain what portion, if any, of an alleged injury was proximately caused by the Company or Third Party Provider’s alleged failure to perform the service(s) or failure of the product(s); and (d) the general nature of the Services. 

2.  Member further acknowledges that the payments Member makes under these Terms are not related to the net worth, value or earning capacity of the Member or their property, but rather are based on the cost of the Services, and specifically take into consideration the legal protections afforded to Company under these Terms.  Therefore, Company expressly denies and disclaims all liability for any loss or damage which may occur prior to, at or after Member agrees to these terms, including liability based on contract, tort, negligence or any degree, warranty (including merchantability and fitness for a particular purpose) and all other theories of liability.

3.  Company shall not be liable for any use of or reliance on the Service under any circumstances, or for any interruption, unavailability of or error in the Service or any information made available through the Service, even if caused by Company’s negligence and/or failure to issue alerts or notices. Company will not be liable for any failure or delay in performance directly or indirectly caused by acts or omissions of the Member (or any other Member’s affiliated or associated with Member’s account) or any other Third Party. Member agrees to assume all the risks in using the Service, whether known or unknown, including without limitation, the risk that the service or the information made available through the Service will be interrupted, unavailable, inaccurate or incomplete. Company makes no warranty, representation or guarantee that Member will be contacted by any Third Party Provider or governmental authority, or that if contacted, the information provided will be accurate. Company reserves the sole right to modify or discontinue the Service at any time, with or without notice to Member.  Company will not be liable to Member or any third party should Company exercise such right. Member acknowledges that Company has no control over the conduct of any Third Party Provider, governmental authority or other third parties for the accuracy of their notifications. Company shall not be liable for the accuracy or delivery time or content of notifications. To the fullest extent permitted by law, Company shall have no liability whatsoever for third parties who are not Members.

4. If Company or any of its Related Parties are found liable for any loss or damage due to its or their negligence, the failure to perform its or their obligations under these Terms in any respect at all, breach of warranty, or product failure, the maximum liability (including joint and several liability) will be $2500.00 US. This amount is the agreed upon damages, is not a penalty and shall be the Member’s exclusive remedy. This limitation of liability specifically covers liability for: (1) lost profits; (2) lost or damaged property; (3) governmental fines and charges; (4) claims of third parties; and (5) any and all types of damages including; direct, indirect, special, incidental, consequential and punitive.

5.  Member acknowledges and agrees that Company shall not be responsible or liable regarding any in-person services (a) unless and until the Third Party Provider of the in-person service has arrived at Member’s location and made direct contact with Member or (b) at any time after the in-person Third Party Provider has completed the engagement and left Member’s location. For avoidance of doubt, in-person services shall not include, and Company shall have no responsibility or liability for, any services that are the same or as similar to any in-person services offered by Company (including without limitation, bodyguard or personal protection services) but which are provided pursuant to an arrangement made directly between Member and the Third Party Provider of such services, outside of the Company-provided Service.

10. Limitation of Liability Generally

A.  In no event shall either party be liable concerning the subject matter of these Terms for any (a) matter beyond its reasonable control (including without limitation any error or damage attributable to any network, system, acts of God or acts of governments), (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services, or (c)indirect, punitive, incidental, reliance, special, exemplary or consequential damages of any kind including, but not limited to, loss of business, revenues, profits or goodwill. these Terms

B.  The limitations and exclusions set forth in the proceeding paragraph shall apply regardless of the form of any claim or actions (whether in contract, tort, strict liability or otherwise), even if the party against whom damages are sought has been advised of the possibility of such damages. These limitations are independent from all other provisions of these Terms and shall apply notwithstanding the failure of any remedy provided herein. Notwithstanding anything to the contrary, nothing in this section shall limit a party’s liability for damages arising from personal bodily injury (including death), willful misconduct or fraud, any breaches of “restrictions on use; prohibited uses” or “fees,” or any exclusion or limitation of liability that is void, prohibited or unenforceable by applicable law.

C.  Member must bring any claim arising out of these Terms or related to the products or services (including the Services) provided by Company within one (1) year after the date on which the claim arose or the shortest duration permitted under applicable law if such period is greater than one (1) year. If Member does not, Member waives, to the extent permitted by law, all rights Member may have with respect to such claim and Company shall not have any liability to Member relative to that claim.

11. Dispute Resolution- Arbitration Provisions

PLEASE READ THIS SECTION CAREFULLY. THE ARBITRATION CLAUSE, JURY WAIVER, SEVERABILITY PROVISION AND THE REST OF THIS SECTION ARE IMPORTANT PARTS OF THE AGREEMENT BETWEEN MEMBER AND COMPANY.

A. If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

B.  These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of law’s provisions thereof. Any and all disputes, claims, or controversies arising out of or relating to these Terms between Member and Company shall be finally determined by arbitration administered by JAMS: (1) pursuant to the JAMS Streamlined Arbitration Rules and Procedures then in effect; (2) in the United States in the Member’s state of residence; (3) at Company’s expense to the extent required by law and JAMS policies; (4) in which the language of arbitration is English; (5) pursuant to the Federal Arbitration Act; (6) by one arbitrator who shall: (a) be selected from the appropriate list of JAMS arbitrators in accordance with such Rules; (b) have sole authority to decide any question concerning the scope, applicability, enforceability, revocability, and/or validity of this arbitration agreement; and (c) be barred from presiding over any class, collective, or representative action, consolidating multiple claimants’ cases or awarding any non-individualized relief (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Any arbitration will take place on an individual basis. Class arbitrations, class actions, representative actions, any other form of collective action or consolidated proceedings are not permitted. MEMBER UNDERSTANDS AND AGREES THAT BY ENTERING INTO THESE TERMS, MEMBER AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the above Class-Action Waiver is found to be unenforceable or invalid, any class or representative claims would proceed exclusively in state or federal courts located in San Antonio, Texas, as provided herein. Under no circumstances shall any class or representative claims proceed in arbitration. To the extent the Class Action Waiver is valid, claims subject to the Class Action Waiver shall go forward in individual arbitration (as described above) and any such claims shall be stayed pending resolution of the individual arbitration.

C.  For European Union (EU) Users:  If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

D.  ​United States Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

E.  Severability and Waiver

1. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

2. Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

​F.  Translation Interpretation:  These Terms  may have been translated if we have made them available to you through the Service. You agree that the original English text shall prevail in the case of a dispute.

G. These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Bexar County, Texas or the United States District Court for the Western District of Texas, for any actions not subject to the arbitration or waiver provisions of this Section 11.

12.  "As Is" and "As Available" Disclaimer

​The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and Third Party Providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the Third Party Providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

13. General - These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and Company, and supersedes all prior agreements, whether written or oral. these Terms Member may not assign, delegate or transfer these Terms of Use or his or her rights or obligations hereunder in any way (by operation of law or otherwise) without Company’s prior written consent. Company may transfer, assign, or delegate these Terms of Use and Company’s rights and obligations without consent. Member understands and agrees to be responsible for any additional charges, including false alarm fines or fees, telephone signal transmission or mobile data, and other services.

A. Legal Compliance by Member

1. The Service is operated from and designed for use in the United States. Member is responsible for compliance with the laws, rules and regulations of the jurisdiction in which it is located. In no event shall Member use the Service in any location where such use is prohibited or restricted by local law or where Third Party Provider would incur a tax or fee obligation that would not be paid by Member. In the event such a tax or fee is incurred by Third Party Provider, Member agrees to reimburse Company for such tax and fee. Member may not use or export the Service or the products thereof in violation of United States laws and regulations, including, without limitation, Export Administration Regulations. these Terms

B. Use By Children

1.  The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. Anyone may download the application at no charge, but Third Party Provider implements reasonable age-screening to prevent children under 13 from registering for the Services.The services are intended only for individuals over age 13. Third Party Provider does not knowingly collect or solicit personally identifiable information from a child under 13.If Member believes that a child under 13 has provided Company or a Third Party Provider with personal information , please contact Company at info@gosecur.com

14.  Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, SECUR will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Services.

15.  Contact Us

If you have any questions about these Terms of Use, you can contact us by email: info@gosecur.com