Terms and Conditions
Last updated: August 5th, 2021
Please read these Terms and Conditions carefully before using our Website or App (the “Service”) operated by CentrAlert, Inc (the “Company”, “We” or “Us”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of the Terms and Conditions, then you may not access the Service.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- App refers to the Know NOW! App made available as an iOS app through the Apple App Store and as an Android app through the Google Play Store.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to CentrAlert, Inc, 3090 Harrodsburg Road, Lexington, KY, 40503.
- Country refers to: United States
- Service refers to the Website or the App.
- Terms and Conditions (also referred to “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Website refers to the Know NOW! App website, accessible from https://www.knownow.app.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company, through which you can buy, get, license, rent or subscribe to content, groups, and other in-app services (collectively, “Content”). Content may be offered through the Service by the Company or a third party. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the App or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Prohibited Conduct
Without limiting other restrictions contained in these Terms and Conditions, You agree that You will not, under any circumstances, (i) post objectionable material, such as material that is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful or offers for adult services, or material inciting or advocating terrorism or violence (ii) gain or attempt to gain unauthorized access to any part of the Services, including the accounts of other members (such through the use of bots or other automations as well as the unauthorized use of legitimate member credentials); (iii) interfere with, disrupt, or damage our Services or attempt to do the same (such as by posting viruses, instigating a denial of service attack, or spamming members); (iv) attempt to gain access to or tamper with non-public areas of the Services, our computer systems, and any technical delivery systems of our providers; (v) attempt to prove, scan, or test the vulnerability of our systems, networks, or Services, or breach any security or authentication measure; (vi) conduct facial recognition or other biometric analysis of any Content posted on the Service; (vii) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins, and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; or (viii) otherwise access or use the Services in an unlawful or unanticipated manner.
We may limit the distribution of or remove Content that we determine violates these Terms and Conditions. We reserve the right to proactively moderate Content, although we expressly disclaim any obligation to do so, and we can remove Content, suspend, delete, or deactivate Your account, limit account privileges, or otherwise refuse service to You, if You violate these Terms and Conditions, or our other policies, or if You infringe intellectual property, or otherwise engage in behavior that we think may harm the Service or a member of the Service.
Disputes Between Members – Waiver of Claims Against the Service
If You have a dispute with another member, we hope that You will be able to work it out amicably. However, if You can’t, please understand that the Service is not responsible for the actions of our members. Each of our members is solely responsible for their own actions and behavior. Accordingly, You agree that the Service has no responsibility for the conduct of members or other third parties and, to the maximum extent permitted by applicable law, You hereby release the Service from losses, liabilities, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes involving You and other Members. If You are a California resident, You hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”
Products or Services
You can acquire products or services on the Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and the Company, and/or you and the entity providing the Content on the Service. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, product pricing, service, or service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. All Transactions are final. If technical problems prevent or unreasonably delay delivery of the product or service, your exclusive and sole remedy is either replacement of the product or service or refund of the price paid, as determined by the Company. From time to time, the Company may refuse a refund request if We find evidence of fraud, refund abuse, or other manipulative behavior that entitles the Company to a corresponding counterclaim.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.
Member Content
You shall at all times retain ownership of Your Content. You hereby grant to the Company and its executives, employees, affiliates, related companies, agents, licensees, sublicensees, brand partners, production partners, social media platforms, contractors, successors, legal representatives, assigns, third-party service providers and their respective brand partners, marketing or public relations agencies and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right and license to use, publish, broadcast, transmit, distribute and re-post (i) Your Content and (ii) your username, name, voice, image, likeness or other identifying information (“Name and/or Likeness”) as the same appears in connection with Your Content, in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.
The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit Your Content in any manner in their sole discretion, with no obligation to you whatsoever. No use of the Your Content or Your Name and/or Likeness related to Your Content need be submitted to You for any approval for use by the Licensed Parties. The Licensed Parties may offer products or services containing, or derived from, Your Content to another member or a third party, for free or for a charge, and proceed fulfilling such Transaction.
Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by You. The Licensed Parties may choose to use, use and stop using, reuse or not use Your Content or Name and/or Likeness at any time. The Licensed Parties’ use of Your Content or Your Name and/or Likeness does not imply any endorsement of or any affiliation with You. You hereby waive any right to inspect or approve any use of Your Content or Name and/or Likeness by the Licensed Parties as permitted hereunder.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made at the Service. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed.
Subscription Terms
Your subscription begins as soon as Your initial payment is processed. Your subscription will automatically renew each month without notice until You cancel. You authorize us to store Your payment method(s) and to automatically charge Your payment method(s) every month until You cancel. We will automatically charge You the then-current rate for Your plan, plus applicable taxes (such as sales tax, VAT or GST if the rate does not include it), every month upon renewal until You cancel.
We may change Your plan’s rate each monthly renewal term, and we will notify You of any rate change with the option to cancel. If the applicable sales tax, VAT or GST rate (or other included tax or duty) changes during Your one-month term, we will accordingly adjust the tax-inclusive price for Your plan on Your next billing date.
If Your primary payment method fails, You authorize us to charge any other payment method in Your account. If You have not provided us a backup payment method(s) and You fail to provide payment, or if all payment methods in Your account fail, we may suspend Your subscription.
Cancellation Terms
You can cancel Your subscription anytime via the Website for the Service. If You cancel within 24 hours of Your initial order, You’ll be fully refunded. Should You cancel after 24 hours, Your payment is non-refundable, and Your service will continue until the end of that month’s billing period.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website or App are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered, owned, controlled or licensed by the Company.
You may not copy, reproduce, republish, display, transmit or distribute in any way to any other computer, server, website, apps or other medium for publication or distribution without the Company’s express prior written consent.
Links to Other Websites or Apps
Our Service may contain links to third-party websites 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 websites 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.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. For clarity, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever relating to failure of the Service to send a notification or for failure of a member’s device to receive a notification.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Indemnity
You agree to indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses (including attorneys’ fees) brought by any third party arising from or related to Your use of the Service.
“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 service 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 company’s provider 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.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Dispute Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
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.
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.
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.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect 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.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. We will notify You of any changes by posting the new Terms and Conditions on this page and updating the “Last updated” date. These changes are effective immediately after they are posted on this page.
By continuing to access or use Our Service 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 Service.
Contact Us
If You have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]
- By phone number: 859.224.1047
- By mail: 3090 Harrodsburg Road, Suite 202, Lexington, KY, 40503, United States