1. Introduction
These Terms of Service ("Terms") govern your access to and use of the facility security staffing assessment application ("Application") provided by Alevaris Group, LLC ("Company," "we," "our," or "us"). By accessing or using the Application, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Application.
2. Service description
The Application provides recommendations and assessments regarding physical security staffing needs for hospitals and other facilities. The Application offers analytics, planning tools, and guidance to help facility managers make informed decisions about security personnel deployment. The Application is intended as an advisory tool only and does not provide actual security services, personnel, or physical protection.
3. Account registration
3.1. You must register for an account to use the Application. You agree to provide accurate, current, and complete information during the registration process.
3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.3. You must notify us immediately of any unauthorized use of your account or any other breach of security.
4. Acceptable use
4.1. You agree to use the Application only for lawful purposes and in accordance with these Terms.
4.2. You shall not:
- Use the Application in any way that violates any applicable federal, state, local, or international law or regulation;
- Use the Application to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Application;
- Attempt to gain unauthorized access to the Application, user accounts, or computer systems or networks connected to the Application;
- Use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application;
- Use any robot, spider, or other automatic device to access the Application;
- Use the Application to transmit any material that is unlawful, threatening, abusive, defamatory, or otherwise objectionable;
- Attempt to decompile, reverse engineer, or disassemble any portion of the Application.
4.3. You acknowledge that you are solely responsible for implementing any security staffing recommendations provided by the Application.
4.4. You are responsible for ensuring that your use of the Application and implementation of any recommendations comply with all applicable laws, regulations, and industry standards.
5. Proprietary rights
5.1. The Application, including all software, content, and materials, is owned by us or our licensors and is protected by intellectual property laws.
5.2. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Application for its intended purpose in accordance with these Terms.
5.3. You retain all rights to your data submitted to or processed by the Application, subject to our rights to use such data as described in our Privacy Policy.
6. User data and privacy
6.1. Our collection and use of personal information in connection with the Application is governed by our Privacy Policy, which is incorporated by reference into these Terms.
6.2. You represent and warrant that you have all necessary rights and permissions to submit any data to the Application.
6.3. We may collect and use anonymized or aggregated data derived from your use of the Application for improving our services, generating industry benchmarks, or other business purposes.
7. Advisory nature of services
7.1. You acknowledge and agree that the Application provides recommendations and assessments regarding security staffing needs based on the information you provide and general industry standards.
7.2. You acknowledge that the Application is an advisory tool only and does not guarantee the safety or security of any facility, personnel, patients, visitors, or assets.
7.3. You understand that our recommendations are based on algorithmic analysis of the information provided and may not account for all unique circumstances, emerging threats, or unforeseen situations at your facility.
7.4. You agree that the implementation of any recommendations provided by the Application is entirely at your discretion, and we have no control over how or whether you implement such recommendations.
8. Disclaimer of warranties
8.1. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.2. We do not warrant that the Application will be uninterrupted, error-free, or completely secure.
8.3. We do not warrant that the Application will meet your specific requirements or achieve any particular results.
8.4. We explicitly disclaim any warranty regarding the accuracy, completeness, reliability, or effectiveness of the security staffing recommendations provided by the Application.
8.5. We do not guarantee that following the recommendations provided by the Application will prevent security incidents, criminal activity, violence, or any other adverse events at your facility.
8.6. We make no representations or warranties regarding the qualifications, trustworthiness, or performance of any security personnel hired based on recommendations from the Application.
8.7. We make no representations that the Application complies with any industry standards, regulations, or frameworks unless explicitly stated.
9. Limitation of liability
9.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION.
9.2. You understand and agree that we are not responsible for:
- Any criminal acts, security breaches, violence, property damage, personal injury, or any other incidents that occur at your facility, regardless of whether you followed our recommendations;
- Acts or omissions of any third parties, including but not limited to security personnel, contractors, patients, visitors, or criminals;
- Any delays, inaccuracies, errors, or omissions resulting from the use of the Application or any information provided through the Application;
- Your implementation or non-implementation of any recommendations provided by the Application;
- Any inadequate security measures at your facility;
- Any force majeure events, including but not limited to natural disasters, acts of terrorism, civil unrest, pandemics, or other circumstances beyond our reasonable control;
- The performance, actions, or omissions of any security personnel hired or deployed based on recommendations from the Application.
9.3. You assume all risks associated with the operation and security of your facility, including all risks associated with implementing or not implementing any recommendations provided by the Application.
9.4. You acknowledge that security threats, risks, and challenges are inherently complex and unpredictable, and that no staffing plan or recommendation can guarantee complete security or safety at any facility.
10. Indemnification
10.1. You agree to defend, indemnify, and hold harmless our company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Application.
10.2. This indemnification includes, but is not limited to, any claims arising from:
- Your implementation or non-implementation of any recommendations provided by the Application;
- Any security incidents, breaches, violence, personal injury, property damage, or other adverse events that occur at your facility;
- Any acts or omissions of security personnel hired or deployed based on recommendations from the Application;
- Any violations of applicable laws, regulations, or third-party rights related to your use of the Application or the security of your facility;
- Any information or data you submit to the Application.
10.3. You agree to cooperate fully with us in the defense of any claim that is subject to indemnification under these Terms.
11. Term and termination
11.1. These Terms will remain in effect until terminated by either you or us.
11.2. You may terminate these Terms by discontinuing use of the Application and deleting your account.
11.3. We may terminate or suspend your access to the Application immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
11.4. Upon termination, your right to use the Application will immediately cease.
11.5. 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.
12. Modifications to the terms or application
12.1. We reserve the right to modify these Terms at any time. We will provide notice of any material changes through the Application or by other means.
12.2. Your continued use of the Application after such modifications constitutes your acceptance of the revised Terms.
12.3. We may update, modify, or discontinue the Application or any features thereof at any time without notice.
13. Governing law and dispute resolution
13.1. These Terms shall be governed by and construed in accordance with the laws of Alabama, without regard to its conflict of law principles.
13.2. Any dispute arising out of or relating to these Terms or the Application shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
14. Third-party services and content
14.1. The Application may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
14.2. We do not warrant or endorse any third-party security providers, products, or services recommended through the Application.
14.3. We are not responsible for the performance, quality, actions, or omissions of any third-party security personnel, providers, or services, even if they were identified or recommended through the Application.
15. Compliance with health and safety regulations
15.1. Our Application does not guarantee compliance with The Joint Commission, the Centers for Medicare and Medicaid Services (CMS), or any other regulatory body's requirements regarding healthcare facility security.
15.2. You are solely responsible for ensuring that your facility's security measures comply with all applicable laws, regulations, and accreditation requirements, regardless of any recommendations provided by the Application.
15.3. The Application is not designed to satisfy any specific regulatory requirement unless explicitly stated, and we make no representations that use of the Application will ensure regulatory compliance.
16. General provisions
16.1. These Terms constitute the entire agreement between you and us regarding the Application and supersede all prior agreements and understandings.
16.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
16.3. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
16.4. You may not assign these Terms without our prior written consent, but we may assign these Terms without restriction.
16.5. Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and us.
17. Contact information
If you have any questions about these Terms, please contact us at:
Alevaris Group, LLC
1 Perimeter Park South, Ste. 100N
Birmingham, AL 35243
[email protected]
+1 (205) 567-0203