Terms and Conditions
SUBSCRIPTION AND SERVICES AGREEMENT
This subscription and services agreement (the “Agreement”), together with the application forms completed by the Customer, represent the entire agreement between The Guardian Canary, LLC (“Guardian”) and the Customer.
- SERVICE – The Imminent Tornado Alerting System (“ITAS”) uses Tornado Warnings issued by National Weather Service offices, federal governmental entities, as the basis of its alerts. Guardian recognizes that only the federal government may legally issue warnings to the public and will never alert customers via independent warnings generated by any other non-governmental entity. Customer acknowledges that they are advised to heed all warnings issued by the National Weather Service and follow all “call to action” statements that accompany said warnings. Alerts issued by ITAS are designed to be a secondary and accompanying alert to National Weather Service Tornado Warnings in which ITAS has identified as an impending life threatening situation based on the address provided by the customer.
- TERM & RENEWAL – This Agreement shall become effective upon the acceptance of Customer’s application and payment, and shall last for one (1) year thereafter. At the expiration of one year, the Agreement shall automatically terminate, and Customer may purchase a new subscription and enter into agreement with Guardian.
- SERVICE USAGE & HOLD HARMLESS– Customer agrees not to subscribe to ITAS for any fraudulent means or enroll anyone not wishing to receive alerts from ITAS. Customers found in breach of this section may be subject to legal action in addition to any and all other remedies afforded under this Agreement. Customer agrees to hold Guardian harmless and indemnify Guardian against any and all claims, demands, and actions arising out of Customer’s use of the ITAS and shall, at Guardian’s request, defend any and all such actions brought against Guardian which are based upon any such claims or demands.
- TERMINATION – Either party may terminate this Agreement upon thirty (30) days written notice provided by letter or e-mail to the address or e-mail address provided on the application form. No refunds shall be issued for subscriptions to ITAS. If Customer desires to change a subscription for their existing GPS coordinates, they must terminate their subscription and purchase another subscription to change the location for which they wish to be alerted. Guardian may terminate this Agreement at any time on the basis of nonpayment or material breach of this Agreement.
- DATA – Customer consents to allow Guardian to send texts, emails, and phone calls to the contact information that Customer provides at the time of sign up for ITAS. Since address conversions to GPS coordinates and text messages alerts are sent by third parties, Customer consents to that information being provided to said third parties, only for those purposes. Customer consents to Guardian’s usage of statistical analysis of Customer’s data, and Guardian’s sharing of aggregated data analysis which include Customer’s data, without identifying characteristics. Guardian agrees to never sell any Customer information to any third party. Guardian will comply with any and all laws applicable to the ITAS and Guardian’s use and retention of Customer data.
- LIABILITY – Customer and Guardian agree that each party’s total aggregate liability relating to this Agreement and the ITAS (whether in contract or tort or under any other theory of liability) shall not exceed the amount paid or payable buy Customer for the services giving rise to any such claim. Customer hereby waives any and all claims against Guardian relating to property damages, consequential and/or economic damages, personal injury, loss of life, or other damages arising out of any tornado or other weather events, or the absence of any such events; Customer acknowledges that Guardian does not guarantee accurate weather forecasts or accurate projections of danger, and disclaims any reliance upon the ITAS. Customer acknowledges that Guardian bears no responsibility for the omission of alerts to Customer from ITAS due to and failure or disruption of connection between ITAS and the National Weather Service.
- LITIGATION – This Agreement shall be governed by the laws of the United States of America and the laws of the State of Alabama. In the event of litigation over this Agreement, the services provided by Guardian, and/or non-payment or misuse of the services provided, Customer waives their right to a jury trial as to any and all causes of action, counterclaims, crossclaims, and/or defenses that may be asserted. Customer agrees that venue shall be proper only in any court of competent jurisdiction in Jefferson County, Alabama; Guardian reserves the right to bring suit against Customer in another forum. In the event of non-payment, Customer agrees to pay all costs, expenses, and attorney’s fees related to the collection of the amounts owed, notwithstanding the total liability limit established in Section 6.
- SEVERABILITY – If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified and interpreted by said court so as best to accomplish the goals of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
- INTELLECTUAL PROPERTY – This site and all of its original content, functions, features, logos, and methods are owned by Guardian and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.