Terms of Use

1. DEFINITIONS.

2. CHANGES TO THE TERMS OF SERVICE.

3. TRANSLATION.

4. USING THE SITE OR MOBILE APPLICATIONS.

  1. Eligibility.
  2. Permission to Use the Site and Mobile Applications
  3. Site or Mobile Applications' Availability.
  4. User Accounts
  5. Communications from ALERTNEST and Other Users

5. CONTENT.

  1. Responsibility for Your Content
  2. Our Right to Use Your Content
  3. Ownership.

6. Advertising.

  1. Content Feeds
  2. Content Feeds
  3. RESTRICTIONS

7. GUIDELINES AND POLICIES.

8. ALERTNEST ADVERTISING.

9. SUGGESTIONS AND IMPROVEMENTS.

10. THIRD PARTIES.

11. INDEMNITY.

12. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

13. CHOICE OF LAW AND VENUE.

14. TERMINATION.

15. GENERAL TERMS.

Privacy Policy.

16. INFORMATION WE COLLECT.

17. DATA RETENTION AND ACCOUNT TERMINATION.

NOTE: We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our use of your information and is located on this page . If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Privacy Policy

Additional Provisions regarding Noonlight Services

    1. Ownership; Proprietary Rights

    2. Company End User Content and Data

    3. Warranty Disclaimer

    4. Limitation of Liability and Damages

    5. Restrictions

Terms of Use

Last Updated on February 19thth,2020

These terms and conditions (the "Terms") govern your access to and use of ALERTNEST, INC.,'s websites and Mobile Applications ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with ALERTNEST, INC., a Delaware corporation ("ALERTNEST"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

1. DEFINITIONS

A. Parties "You" and "your" refer to you, as a user of the Site. A "user" is someone who uses the Site or Mobile Applications in any way. "We," "us," and "our "refer to ALERTNEST, INC., a Delaware corporation.

B. Content "Content" means alerts, emails, texts, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site or Mobile Applications, such as suggestions, recommendations, opinions, user name, pictures, images or any other information that you publicly display or is displayed in your account profile. Your Content does not include other personally identifiable information you provide to establish your ALERTNEST account ("Account")."User Content" means Content that users submit or transmit to, through, or in connection with the Site or Mobile Applications. "ALERTNEST Content" means Content that we create and make available in connection with the Site or Mobile Applications. "Third Party Content" means Content that originates from parties other than ALERTNEST or its users, which is made available in connection with the Site or Mobile Applications. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and ALERTNEST Content. "Mobile Content" means all of the Content that is made available in connection with the Mobile Applications, including Your Content, User Content, Third Party Content, and ALERTNEST Content.

2. CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made; as well as within the Mobile Applications when new versions are downloaded/installed from the application stores. You should revisit these Terms on a regular basis, because revised versions will be binding on you. Any such modification will be effective when we post the new Terms to our Site or Mobile Applications. You understand and agree that your continued access to or use of the Site or Mobile Applications after any posted modification to the Terms indicates your acceptance of the modification.

3. TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with ALERTNEST and any inconsistencies among the different versions will be resolved in favor of the English version.

4. USING THE SITE OR MOBILE APPLICATIONS

Eligibility

To access or use the Site or download the Mobile Applications from the requisite application stores, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site nor download the Mobile Applications if we have previously banned you from the Site or closed your account.

Permission to Use the Site and Mobile Applications

We grant you permission to use the Site and Mobile Applications subject to the restrictions in these Terms. Your use of the Site and the Mobile Applications is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Site or Mobile Applications' Availability

The Site or Mobile Applications may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

User Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site and Mobile Applications. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account and your use of the Site or Mobile Applications. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any reason or no reason. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site and Mobile Applications. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your posts, use the same account information on other sites or allow other sites to share information about you with ALERTNEST. Please read our Privacy Policy (below) for more information.

Communications from ALERTNEST and Other Users

By creating an account, you agree to receive certain communications in connection with the Site and/or Mobile Applications. For example, you might receive public safety alerts, and notifications from other sources or users on the site, among others. Message & data rates may apply. You may also receive our newsletter or other types of communication from us. You can opt-out of non-essential communications by modifying your account settings at any time.

5. CONTENT

Responsibility for Your Content

You alone are responsible for Your Content, and once posted or published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by ALERTNEST. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it on news broadcasts, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against ALERTNEST and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

Ownership

You own Your Content. We own the ALERTNEST Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site and Mobile Applications excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the ALERTNEST Content, the Site, and Mobile Applications which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the ALERTNEST Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights. And, all rights in and to the Site, Mobile Applications and the ALERTNEST Content are retained by us.

Advertising

ALERTNEST and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Content Feeds

We make some of the Site and Mobile Applications' Content ("Feed Content") available via Real Simple Syndication, Atom feeds or other types of methods ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on ALERTNEST's websites, and attributes ALERTNEST as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that ALERTNEST promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden ALERTNEST's systems. ALERTNEST reserves all rights in the Feed Content and may terminate the Feeds at any time.

The Website and mobile applications rely upon publicly available data from multiple sources that do not always agree. Our affiliate crime data may not reflect the actual address where the crime occurred. ALERTNEST hereby disclaims any and all representations and warranties with respect to the Website, mobile applications, including accuracy, fitness for use, reliability, completeness, and non-infringement of third party rights. ALERTNEST continues to pursue credible sources of information and may change sources without notification.

These terms and conditions are subject to change. Your use of the Website constitutes your acceptance of these terms and conditions and any future modifications thereof.

Content Feeds

User Content does not necessarily reflect the opinion of ALERTNEST. We reserve the right to remove, screen, edit or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a post if we believe it violates our guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

6. RESTRICTIONS

A. We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

B. Certain areas of ALERTNEST allow for users to post comments and pictures. ALERTNEST is not responsible for this content. Visitors and members agree to not hold ALERTNEST liable for this content. Information reported to ALERTNEST as objectionable will be reviewed and may be removed at the sole discretion of ALERTNEST.

C. You also agree not to, and will not assist, encourage, or enable others to:

i. Violate the Terms;

ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, Site Content or Mobile Applications' Content (other than Your Content), except as expressly authorized by ALERTNEST;

iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site, Site Content, Mobile Applications and Mobile Applications' Content;Reverse engineer any portion of the Site or Mobile Applications;

iv. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or Mobile Applications on any materials printed or copied from the Site or Mobile Applications;

v. Record, process, or mine information about other users;

vi. Access, retrieve or index any portion of the Site or Mobile Applications for purposes of constructing or populating a searchable database of business reviews;

vii. Reformat or frame any portion of the Site or Mobile Applications;

viii. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on ALERTNEST's technology infrastructure or otherwise make excessive traffic demands of the Site;

ix. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

x. Use the Site, Site Content, Mobile Applications or Mobile Applications' Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

xi. Use any device, software or routine that interferes with the proper working of the Site, or Mobile Applications; or otherwise attempt to interfere with the proper working of the Site or Mobile Applications;

xii. Use the Site or Mobile Applications to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site, Site Content, Mobile Applications, or Mobile Applications' Content;

xiii. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site or Mobile Applications that prevent or restrict the use or copying of Site Content or Mobile Applications' Content; or features that enforce limitations on the use of the Site or Mobile Applications;

xiv. Post false or defamatory comments;

xv. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

xvi. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

xvii. Promote a business or other commercial venture or event, or otherwise use the Site or Mobile Applications for commercial purposes, except as expressly permitted by ALERTNEST;

xviii. Engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third-party website;

xix. Solicit personal information from minors, or submit or transmit pornography; or

xx. Violate any applicable law.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

7. GUIDELINES AND POLICIES

Content Guidelines. You represent that you have read and understood our Terms of Service.

Privacy. You represent that you have read and understood our Privacy Policy (see below). We may investigate and disclose information from or about you to third parties if we have a good faith belief that such investigation or disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms Of Use and Privacy Policy; (iii) to help prevent, investigate or identify possible wrongdoing in connection with the Site or Mobile Applications; (iv) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site and/or our Mobile Applications outside of the United States, you consent to having your personal data transferred to and processed in the United States.

8. ALERTNEST ADVERTISING

If you create a business owner's account on the Site and/or Mobile Applications, and purchase advertising from ALERTNEST, then the ALERTNEST Advertising Terms will apply. In the event of any conflict between the ALERTNEST Advertising Terms and these Terms, the ALERTNEST Advertising Terms will prevail.

9. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

10. THIRD PARTIES

The Site and Mobile Applications may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third-Party Site or Mobile Applications. You agree that we are not responsible for the availability or contents of such Third-Party Sites or Mobile Applications. Your use of Third-Party Sites or Mobile Applications is at your own risk.

11. INDEMNITY

You agree to indemnify, defend, and hold ALERTNEST, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "ALERTNEST Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site or Mobile Applications, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site or Mobile Applications, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. ALERTNEST reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ALERTNEST. ALERTNEST will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

12. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ALERTNEST AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "ALERTNEST ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

A. THE SITE AND MOBILE APPLICATIONS ARE MADE AVAILABLE TO YOU ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE AND/OR MOBILE APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK. THE ALERTNEST ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE/MOBILE APPLICATIONS, THEIR SAFETY OR SECURITY, OR THE SITE CONTENT/MOBILE APPLICATIONS' CONTENT. ACCORDINGLY, THE ALERTNEST ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF ALERTNEST.

B. THE ALERTNEST ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY. ACCORDINGLY, THE ALERTNEST ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED OR ADVERTISING ON THE SITE AND/OR MOBILE APPLICATIONS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED BY THIRD PARTIES THROUGH THE SITE AND/OR MOBILE APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK.

C. THE ALERTNEST ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED OR ADVERTISED ON THE SITE AND/OR MOBILE APPLICATIONS, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE ALERTNEST ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE AND/OR MOBILE APPLICATIONS, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND/OR MOBILE APPLICATIONS.

E. THE ALERTNEST ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE AND/OR MOBILE APPLICATIONS OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE ALERTNEST ENTITIES IN CONNECTION WITH THE SITE AND/OR MOBILE APPLICATIONS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

F. THE ALERTNEST ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

G. INFORMATION FROM EMERGENCY AUTHORITIES COMES DIRECTLY FROM THESE AUTHORITIES. ALERTNEST DOES NOT AFFECT THE TIMING NOR THE CONTENT OF THE ALERT AND ADVISORY MESSAGING. ISSUES WITH THE TIMING OR ACCURACY OF THIS INFORMATION SHOULD BE ADDRESSED WITH THE APPROPRIATE SOURCE OF THAT INFORMATION AS IDENTIFIED BY ALERTNEST EMERGENCY AUTHORITES HAVE THEIR OWN POLICIES ABOUT WHEN AND WHY THEY RELEASE OR WITHHOLD INFORMATION. ALERTNEST ABIDES BY THESE POLICIES AND SUPPORTS THEIR EFFORTS, BUT WE DO NOT CONTROL THEIR EFFORTS.

H. DO NOT RELY ON ANY ALERTNEST SERVICES FOR ANY EMERGENCY COMMUNICATION WHATSOEVER TO LAW ENFORCEMENT OR FIRST RESPONDERS. IN THE EVENT OF AN EMERGENCY, DIAL 911. ALERTNEST SERVICES ARE OFFERED AS A CONVENIENCE ONLY AND DO NOT OFFER MONITORING, ALARM OR EMERGENCY NOTIFICATION SERVICES. YOU SHOULD NOT RELY UPON ANY SERVICE PROVIDED BY ALERTNEST IN PLACE OF SUCH SERVICES. YOU ARE SOLELY RESPONSIBLE FOR PROCURING SUCH SERVICES AND ALERTNEST IS NOT RESPONSIBLE FOR, AND YOU EXPRESSLY, IRREVOCABLY, AND UNCONDITIONALLY RELEASE ALERTNEST FROM, ANY CLAIMS RELATED TO YOUR FAILURE TO INDEPENDENTLY OBTAIN OR USE SUCH SERVICES. ALERTNEST IS NOT A HEALTH CARE PROVIDER OR A BUSINESS ASSOCIATE OF A HEALTH CARE PROVIDER AND DOES NOT STORE ANY HEALTH-CARE RELATED INFORMATION.

I. ALERTNEST MAY DELIVER ALERTS FROM EMERGENCY AUTHORITIES. THE CONTENT OF THESE COMMUNICATIONS COMES FROM THESE AUTHORITIES. ALERTNEST MAKES REASONABLE EFFORT TO DELIVER THESE MESSAGES. ALERTNEST MAKES REASONABLE EFFORT TO FIX ISSUES RELATED TO DELIVERING THESE COMMUNICATIONS. ALERTNEST CANNOT BE HELD RESPONSIBLE FOR POTENTIAL DOWNTIME AND ISSUES RELATED TO MESSAGE DELIVERY THAT ARE OUTSIDE OF ITS DIRECT CONTROL. HOWEVER, DELIVERY MAY NOT ALWAYS BE POSSIBLE AND THERE MAY BE CELL AND INTERNET ISSUES BEYOND ALERTNEST'S CONTROL. BY USING ALERTNEST'S SERVICES YOU ACKNOWLEDGE THAT YOU WILL NOT HOLD ALERTNEST LIABLE FOR MESSAGE DELIVERY FAILURES REGARDLESS OF THE SOURCE OF THE ERROR.

J. SEX OFFENDER INFORMATION IS PROVIDED FOR GENERAL PUBLIC SAFETY. A PERSON IS AUTHORIZED TO USE THIS INFORMATION ONLY TO PROTECT HIM/HERSELF OR A CHILD WHO MAY BE AT RISK. THE RELEASE OF THIS INFORMATION TO THE PUBLIC IS MEANT TO ASSURE PUBLIC PROTECTION, NOT TO PUNISH THE OFFENDER. IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE SITE TO COMMIT A CRIME AGAINST A REGISTERED SEX OFFENDER OR TO ENGAGE IN DISCRIMINATION OR HARASSMENT AGAINST A REGISTERED SEX OFFENDER. ANYONE WHO USES THIS INFORMATION TO COMMIT A CRIMINAL ACT AGAINST ANOTHER PERSON IS SUBJECT TO CRIMINAL PROSECUTION AND/OR CIVIL ACTION.

13. CHOICE OF LAW AND VENUE.

DELAWARE LAW WILL GOVERN THESE TERMS, AS WELL AS ANY CLAIM, CAUSE OF ACTION OR DISPUTE THAT MIGHT ARRISE BETWEEN YOU AND ALERTNEST (A "CLAIM"), WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN DELAWARE.

14. TERMINATION

A. You may terminate the Terms at any time by closing your account, discontinuing your use of the Site and/or Mobile Applications, and providing ALERTNEST with a notice of termination by emailing support@alertnest.com. Please review our Privacy Policy Below for information about what we do with your account when terminated.

B. We may close your account, suspend your ability to use certain portions of the Site and/or Mobile Applications, and/or ban you altogether from the Site and/or Mobile Applications for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, the Mobile Applications, Mobile Applications' Content or any other related information.

C. In the event of any termination, whether by you or us, Sections 1, 5, 6, 10 - 14 of these Terms will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

15. GENERAL TERMS

A. We reserve the right to modify, update, or discontinue the Site and/or Mobile Applications at our sole discretion, at any time, for any or no reason, and without notice or liability.

B. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site and/or Mobile Applications.

C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

D. The Terms contain the entire agreement between you and ALERTNEST regarding the use of the Site and/or Mobile Applications, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

E. Any failure on ALERTNEST's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

F. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

G. The Terms are not assignable, transferable or sublicensable by you except with ALERTNEST's prior written consent, but may be assigned or transferred by us without restriction. Any assignment that is attempted in violation of the Terms shall be void.

H. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Privacy Policy

Last Updated on February 19thth,2020.

This Privacy Policy describes ALERTNEST's policies on the collection, use, and disclosure of your information in connection with your use of our websites, and Mobile Applications, emails, text messages and any other form of communication used by ALERTNEST ("Site" and "Mobile Applications"). The terms "we," "us,""ALERTNEST" or "Company" refer to ALERTNEST, INC., a Delaware corporation. When you use the Site and/or Mobile Applications, you consent to our collection, use, and disclosure of your information as described in this Privacy Policy.

INFORMATION YOU SUBMIT

We may store the information you submit to or through the Site and/or Mobile Applications. We use the information to fulfill your requests, provide Site and Mobile Applications' functionality, improve Site and Mobile Applications' quality, personalize your experience, display relevant advertising, provide customer support, alert you, back up our systems, allow for disaster recovery, and comply with legal obligations. Among the information you submit to or through the Site and/or Mobile Applications, please note:

A. Account Registration

You may be asked to provide a valid mobile phone number, email address, your name, a user name that you select and a password in order to sign up for an Account on the Site and/or Mobile Applications. NOTE: You cannot opt out of receiving required administrative or legal notices. If you feel that an unauthorized account has been created depicting you or your likeness, you can request its removal by emailing support@alertnest.com.

B. Contacts

You can invite your friends to join the Site and/or Mobile Applications by providing their contact information. If you invite a friend to join the Site and/or Mobile Applications, we may use and store your friends' contact information long enough to process your requests.

C. Messaging

If you exchange messages with others through the Site and/or Mobile Applications, we may store these messages in order to deliver them and allow you to manage them. If we send information from the Site and/or Mobile Applications to your phone via SMS text message, we may log your phone number, phone carrier, and the date and time that the message was processed. Message & data rates may apply. Carriers may charge recipients for texts that they receive. You may change your Account preferences to select the way in which you prefer to receive alerts.

D. Credit Card Purchases

If you purchase business advertising or other ALERTNEST products or services online, we utilize a third-party PCI-compliant processor, who may collect and store billing and credit card information; and encrypts the information using PCI-compliance industry standard technology. ALERTNEST does not store PCI-information.

INFORMATION WE COLLECT

In addition to the information you submit to or through the Site and/or Mobile Applications, we also collect and store information from and about you in the course of your use of the Site and Mobile Applications. We use this information to analyze and track user behavior, personalize your experience, associate it with other information about you, provide enhancements to the Site and Mobile Applications' functionality, improve the quality of the Site and Mobile Applications, and may use it to display relevant advertising. For example:

A. Location

We may collect and store information about your location if you enable your computer or mobile device to send us location information. You can opt-out via your computer or mobile device in providing us this information.

B. Activity

We may collect and store information related to you and your use of the Site and/or Mobile Applications, such as your browser type, IP address, unique device identifier, the phone numbers and names of businesses that you contact through the Site and/or Mobile Applications, requested URL, referring URL, browser language, the pages you view, and the date and time of your visit.

C. ALERTNEST Cookies

We may use cookies, web beacons, local shared objects (sometimes called "flash cookies"), and similar technology in connection with your use of the Site ("Cookies") and/or Mobile Applications. Cookies may have unique identifiers, and reside, among other places, on your computer, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Site and/or Mobile Applications, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on and the date and time of your use. You can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the Site and/or Mobile Applications.

D. Third Parties

We do not rent, share, sell or trade personally identifiable information with third parties for their direct marketing purposes. Except for the exclusions specified in this Privacy Policy, we do not provide the personally identifiable information that you have provided to us to third parties unless you give us permission or direct us to do so. That said, we work with third parties and they may have access to some of your information in an anonymized fashion:

E. Advertising

We allow third parties who provide advertising services to use Cookies, as defined above, in connection with your use of the Site and/or Mobile Applications. As a result, they may collect and store the same type of information and use it for the same type of purposes as described for ALERTNEST Cookies above, and they may be able to associate the information they collect with other information they may have about you. We do not necessarily have access to or control over the Cookies they use. Nevertheless, you may be able to opt-out of some of their practices by visiting the following links: Network Advertising Initiative, Omniture, Aperture, and Privacy Choice. Please note that opting out does not prevent you from receiving advertisements.

F. Service Providers

We outsource some of our technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services to third parties. We may share information from or about you with them so that they can perform their services.

G. Aggregate Information

We may share user information in the aggregate and anonymized with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.

H. Business Transfers

We may share information from or about you with subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires ALERTNEST, or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.

I. Investigations

We may investigate and disclose information from or about you to third parties if we have a good faith belief that such investigation or disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) to help prevent, investigate or identify possible wrongdoing in connection with the Site and/or Mobile Applications; (iv) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site and/or Mobile Applications outside of the United States, you consent to having your personal data transferred to and processed in the United States.

J. Links

The Site and Mobile Applications may contain links to unaffiliated third-party websites. Except as set forth herein, we do not share your personal information with them, and we are not responsible for their privacy practices. We suggest you read the privacy policies on all such third-party websites.

K. Facebook and Twitter

You can connect your ALERTNEST account to your accounts on third party services like Facebook or Twitter, in which case we may collect and store information identifying your account with the third-party service. We use the information to help you connect and share public content with your friends and followers.

L. Controlling Your Personal Data

Other users may be able to identify you, or associate you with your user account if you include personal information in your Public Content. You can reduce the risk of being personally identified by using a pseudonym when accessing the Site. Please also note that the messages you send or receive using the Site and/or Mobile Applications are only private to the extent that you and the sender/recipient keep them private.

DATA RETENTION AND ACCOUNT TERMINATION

The information we obtain from or about you may be processed and stored in the United States of America. We may keep it as long as is permitted or required under the law. If you terminate your account, we will remove your Public Content from the Site, but may retain your data for a period of 5 years (or longer if required by law) in our active systems in order to ensure our ability to satisfy the authorized uses under this Privacy Policy. For example, we may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the Site and/or Mobile Applications or to comply with legal obligations. Please note that information may exist in backup storage even after it has been removed from our active databases. You can request that your account be terminated by emailing support@alertnest.com.

A. Children

The Site is intended for general audiences and is not directed to children under 18. We do not knowingly collect personal information from children under 18. If you become aware that a child has provided us with personal information without parental consent, please contact us at support@alertnest.com. If we become aware that a child under 18 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.

B. Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

C. Dispute Resolution

If you believe that ALERTNEST has not adhered to this Privacy Policy you may write to the ALERTNEST Privacy Director at the following address:

ALERTNEST

Attn: Privacy Director

9205 W Russell Road, Suite 240
Las Vegas, Nevada 89148

United States of America
Email - support@alertnest.com

D. Modifications To This Privacy Policy

We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our use of your information and is located on this page . If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Privacy Policy.

ADDITIONAL PROVISIONS REGARDING NOONLIGHT SERVICES

ALERTNEST has contracted with Noonlight, Inc., a Delaware corporation ("Noonlight") to permit our Users to access Noonlight's personal safety technologies and related services, including emergency dispatching services, provided by Noonlight (the "Noonlight Services"). By accessing such Noonlight Services you expressly agree to each of the following additional terms:

1. Ownership; Proprietary Rights. Noonlight retains all right, title, and interest in and to the Noonlight Services. Noonlight reserves all rights not expressly granted the terms of service.

2. Company End User Content and Data. Each user who accesses the Noonlight Services through our site and who has not signed the TOU (each, a "Company End User") represents and warrants that they own all right, title, and interest in and to the date, content, or other materials that such Company End User uploads through or to the Noonlight Services ("Company End User Content"). By uploading Company End User Content or allowing Noonlight to access such Company End User Content, each Company End User hereby grants and will grant Noonlight a nonexclusive, worldwide, royalty free, fully paid up, transferable, and sublicensable license to use, copy, display, upload, perform, distribute, store, modify, and otherwise use the Company End User Content in connection with the operation of the Noonlight Services.

3. Warranty Disclaimer. ALERTNEST makes no warranties on behalf of Noonlight and hereby includes Noonlight in each of ALERTNEST's warranty disclaimers as set forth in Section 12, above. Further, ALERTNEST specifically disclaims on behalf of Noonlight, all warranties, including implied warranties, with respect to the Noonlight Services.

4. Limitation of Liability and Damages. Noonlight shall not be liable for any damages (including, but not limited to consequential damages or lost profits) arising from or related to any use of the Noonlight Services and specifically disclaims Noonlight's direct liability to any Company End User.

5. Restrictions. Company End Users will not engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by Noonlight or Company to access the Noonlight Services; (ii) circumvent, disable, or otherwise interfere with security-related features on the Noonlight Services; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Noonlight Services; (iv) access or use the Noonlight Services in any manner that may damage, disable, unduly burden, or impair any part of the Noonlight Services, or any servers or networks connected to the Noonlight Services; (v) post information or interact with the Noonlight Services in in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Noonlight Services for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Noonlight Services; (viii) interfere or attempt to interfere with the Noonlight Services provided to any user or network, including, without limitation, via means of submitting a virus to the Noonlight Services, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Noonlight Services, or copy or create any derivative work of the Noonlight Services; (x) use the Noonlight Services in any way that infringes or misappropriates any third party's rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; or (xi) use the Noonlight Services for the benefit of any third party.