Contractual Relationship Created
These Terms and Conditions govern your access or use of the applications, websites, content, products, and services (hereinafter the “Services”) made available by Precise Protective, and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively “Precise Protective”). Please read the Terms and Conditions carefully, as acceptance of the Terms and Conditions constitutes a legally binding agreement between you and Precise Protective.
By using the Services provided by Precise Protective, you agree to be legally bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you will be denied access or use of any Services provided by Precise Protective. These Terms and Conditions supersede any prior agreement or contractual relationship between you and Precise Protective. Precise Protective reserves the right to immediately terminate these Terms and Conditions or any Services it offers to any user at any time and for any reason. You acknowledge and agree that Precise Protective is not a party to any agreements with Users made outside of these Terms and Conditions, and entering into any outside agreement my void or terminate the relationship between you and Precise Protective.
The Services provided by Precise Protective comprise mobile applications and related services, which allow businesses and proprietors to hire qualified security guards on-demand. Security guards can be requested by users in real-time or on a short-term basis for temporary shift cover. Precise Protective’s platform connects businesses with a nationwide network of licensed security guards. You acknowledge that your ability to obtain the Services provided through Precise Protective’s platform does not establish Precise Protective as a provider of security services, and that you agree that Precise Protective does not supervise, direct or control a licensed security guard’s work.
User/Client Responsibilities and Conduct
The Services provided by Precise Protective may only be used by authorized users that have agreed to these Terms and Conditions and have created a Client Account. Users are not allowed to authorize any third-party access to Services provided by Precise Protective. Users may not assign or transfer in any manner the Client Account to another person, entity, or any third-party. You agree that access and use of the Client Account is only for lawful purposes, regardless of whether you understand whether the purpose is lawful or unlawful, and you agree to comply with all applicable laws and regulations when using or accessing Services provided by Precise Protective. You agree that you may be denied access to your Client Account or any Services provided by Precise Protective due to any violation of applicable laws and regulations, or violations of any Terms and Conditions. Further, you acknowledge and agree that the Services provided by Precise Protective cannot be used by you for the purposes of harassment, assault, battery, or any form of civil or criminal wrongdoing. You are responsible at all times for the activity that transpires under your User Account, regardless of whether you are aware of activity taking place under your User Account.
Precise Protective grants you a limited, non-transferable, revocable license to access and use any content, information or any materials that may be made available to you through Services provided by Precise Protective through the website or Precise Protective’s mobile platform. Any license granted under these Terms and Conditions is issued solely for a your personal, noncommercial use. Precise Protective and its licensors reserve any rights not expressly granted herein under these Terms and Conditions.
Restrictions On Access and Use
In accessing or using the Services provided by Precise Protective, you agree to comply with these Terms and Conditions as well as all applicable laws, regulations, and rules. This website and mobile platform provided by Precise Protective are protected by applicable copyrights, and other proprietary and intellectual property rights. This website and mobile platform may only be used as permitted by law, and Precise Protective reserves the right to immediately suspend or terminate access to the website if it believes a user is not complying with the Terms and Conditions or any applicable policies.
In addition, Users may not engage in conduct, but not limited to, listed as follows: violate any copyrights, or other proprietary or intellectual property rights on this website or mobile platform, engage in any data mining, or use “bots” or similar data gathering and extraction tools or methods in connection with this website or mobile platform, transmit, post, or otherwise make available any content that is unlawful, false, inaccurate, harmful, obscene, or otherwise objectionable, make available any advertising or promotional materials, “spam”, or any other form of solicitation, misrepresent your affiliation with or impersonate any person or entity, interfere with or disrupt this website or mobile platform or attempt to circumvent any security features associated with said website or mobile platform, or misrepresent the content of this website or mobile platform.
In order to use the Services provided by Precise Protective, you must register for and maintain an active personal Client Account. To obtain a Client Account, you must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (if different than 18). Client Account registration requires you to submit to Precise Protective certain personal information, such as your name, birth date, email address, phone number, business name (if applicable), as well as at least one valid payment method supported by Precise Protective. You agree to maintain accurate, complete, and up-to-date information in your Client Account. Your failure to maintain accurate, complete, and up-to-date Client Account information may result in your inability to access or use the services provided by Precise Protective. Only approved Client Accounts will be able to request Services provided by Precise Protective. In addition, identification may be requested by Precise Protective to ensure the integrity of its Services, and any refusal by you to present the requested identification may lead to a denial of access to Precise Protective’s Services.
Network Access and Devices
By accepting these Terms and Conditions, you agree that you are responsible for obtaining the data network access necessary to use the Services provided by Precise Protective. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Precise Protective does not guarantee that the Services provided, or any portion thereof, will be compatible or function on any particular hardware or devices. In addition, Services provided by Precise Protective may be subjected to errors and interruptions that are inherent in the use of the Internet and electronic communications.
By accepting these Terms and Conditions, you agree that Precise Protective or the contracted security guard may contact you on your mobile device through Precise Protective’s mobile platform at the phone number or contact information listed in your Client Account. You agree that Precise Protective may contact you through the e-mail address or phone number provided in your Client Account for business or marketing purposes.
By agreeing to these Terms and Conditions, you agree and understand that use of the Services provided by Precise Protective will result in charges for any Services you receive. Charges shall include any applicable taxes where required under law, in addition to any applicable fees, surcharges, booking fees, and/or processing fees. Payment for Services provided by Precise Protective shall be charged to the applicable payment method as listed in your Client Account, and you will receive a receipt of any charges or payments received to the e-mail account listed in your Client Account. Failure to maintain an active payment method or up-to-date payment information in your Client Account will result in a denial of access to any Services provided by Precise Protective.
Precise Protective, at its sole discretion, reserves the right to alter, remove, revise, and establish charges and fees for Services provided by Precise Protective through its website or mobile platform. You agree and understand that charges and fees may fluctuate due to demand in your area.
Precise Protective reserves the right to charge Users a cancellation fee in order to compensate Guards for time and resources spent traveling and preparing for a User’s request for Services. If you cancel a request more than thirty minutes after it was submitted, you will be charged a small cancellation fee. Cancellation fees vary depending on your location and Services requested.
Any approved requests for refunded money will be credited back to the payment options selected by User and found in the payment information section of the User Account. Failure to maintain current, accurate payment information may result in inability to access or use Precise Protective’s mobile platform.
Suspension and Termination of Service
Precise Protective may terminate or suspend user access to our website immediately, without prior notice, for any reason whatsoever, including without limitation any user breach of the Terms and Conditions.
The website and the mobile platform provided by Precise Protective and the entirety of their combined contents and features (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned exclusively by Precise Protective and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All rights not expressly granted are reserved by Precise Protective and its licensors.
Permission is granted to electronically display and electronically copy and print hard copy portions of this website and mobile platform for your own non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of this website or mobile platform is strictly prohibited.
Any trademarks, service marks, trade names, designs, and logos (collectively “Trademarks”) associated with the website or mobile platform are owned by Precise Protective and its licensors. All other names, logos, product and service names, designs and slogans on this website or mobile platform are trademarks of their respective owners. You agree you will not refer to or attribute any information to Precise Protective or its licensors in any public medium for the purposes of advertising or promotion, or for the purpose of informing or influencing any third-party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with Precise Protective or any of its licensors.
THE SERVICES PROVIDED THROUGH THIS WEBSITE OR MOBILE PLATFORM BY PRECISE PROTECTIVE ARE PROVIDED “AS IS” AND “AS AVAILABE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. PRECISE PROTECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS WEBSITE OR MOBILE PLATFORM OR THE INFORMATION AND MATERIALS PROVIDED WITHIN. IN ADDITION, PRECISE PROTECTIVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, AVAILABILITY, OR QUALITY OF ANY SERVICES REQUESTED THROUGH THE USE OF THIS WEBSITE OR MOBILE PLATFORM PROVIDED BY PRECISE PROTECTIVE, OR THAT ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRECISE PROTECTIVE BE HELD LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF PRECISE PROTECTIVE’S SERVICES, REGARDLESS OF THE NEGLIGENCE (WHETHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF PRECISE PROTECTIVE, EVEN IF PRECISE PROTECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRECISE PROTECTIVE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES PROVIDED BY PRECISE PROTECTIVE, OR ANY TRANSACTION OR REATIONSHIP BETWEE YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF PRECISE PROTECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRECISE PROTECTIVE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PRECISE PROTECTIVE’S REASONABLE CONTROL. IN ADDITION, PRECISE PROTECTIVE IS NOT RESPONSIBE OR LIABLE IN ANY RESPECT FOR ANY USER OR THIRD-PARTY GENERATED CONTENT ON ITS WEBSITE OR MOBILE PLATFORM.
To the extent permitted by law, you agree to indemnify and hold Precise Protective, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless against any claims, losses, demands, and liabilities (including reasonable attorneys’ fees) made against Precise Protective by any third party due to or arising out of or in connection with your use of this website, mobile platform, or Services provided by Precise Protective.
Choice of Law/Forum
Any dispute between you and Precise Protective hereto concerning any matter related to these Terms and Conditions or Services provided by Precise Protective shall be submitted to arbitration for resolution. Arbitration shall be held before a single neutral arbitrator in Atlanta, Georgia. The rules of Commercial Arbitration of the American Arbitration Association in effect on the date the matter is submitted to arbitration may apply. The decision of the arbitrator shall be in writing and shall contain the findings of fact and conclusions of law on which the decision is based. Such decision shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. The arbitration award shall not include punitive or consequential damages and the arbitrator shall be so instructed. The prevailing party shall be entitled to costs of counsel, witnesses and related expenses. The costs of the arbitrator’s services shall be borne equally by both parties.
If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between the you and Precise Protective with regard to use and access of this webpage, mobile platform, or Services provided by Precise Protective, and any and all other written or oral agreements or understandings previously existing between you and Precise Protective with regards to such use are hereby superseded and cancelled.
Precise Protective reserves the right, at its sole discretion, to replace, modify, or delete any provisions or language used in these Terms and Conditions at any time for any reason. For any changes that Precise Protective deems material, thirty (30) days’ notice will be provided on the website or mobile platform for users prior to any new terms taking effect. What is deemed a material change will be determined solely by Precise Protective’s discretion.
Data collection and uses
Precise Protective collects information submitted by you through the website and mobile platform, including information provided in your Client Account that includes your name, address, e-mail address, phone number, login name and password, as well as any payment or banking information. Precise Protective also collects data and information created when you use any Services, including your location, usage and device information. Location data may be collected by Precise Protective including information and data provided through GPS, IP address and Wifi. Precise Protective also reserves the right to collection transaction information related to the use of any Services provided by Precise Protective, including Services requested and provided, fees charged, date and time of transaction, and any other related transaction details.
By utilizing Precise Protective’s mobile platform, you agree that any means of contact can be used by Precise Protective for solicitation purposes, including, but not limited to, email, contact phone number, and person of contact for the entity registered to your account.