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Terms and Conditions

Please read these terms and conditions carefully before using our App.

Welcome to the Suitz Security, an online subscription based service run by Battalion Protection Group, Inc. (Hereafter “Suitz Security”, “Suitz Security.com”, “we”, “our”, or “us”) By agreeing to the terms of our mobile application and webApp (“App”) you (“user”, “consumer”, “member”,“guest”, or “your”) will have access to the world’s first and only security fulfillment application. The Suitz Security app directly connects licensed security guards with business and individuals requiring security services.  (collectively the “products”, “guards”). By clicking “I agree” on the App, you agree and acknowledge that you have fully read, acknowledged and consented to be bound by all terms, conditions and facts outlined in this Terms & Conditions of Use Agreement (the “Agreement”). This Agreement, and its terms and conditions, applies to you and all registered users or guests who either (i) browse our App knowingly or unknowingly, and/or (ii) utilize our App to facilitate their needs (hiring or selling).

Suitz Security facilitates the trading (purchase, sale or hire) of credit cards and other Products between guard (“seller”) to client (“buyer”); the buyer to seller, and from Suitz Security to both consumers, and from consumers to Suitz Security. Suitz Security also hosts unique consumer outlet discount vouchers on goods and services throughout various cities, counties, and states.

 

App Services

The BPG app is free to download and register for guards for one calendar year from the date a valid guard card/drivers license and email address is registered. Thereafter an annual fee of $25.00 (twenty five dollars) per year is charged to each guard. The app is free for Clients to download and use.

You can join by registering and opening a User Account. Suitz Security maintains limited access to our App, Products and services to guests and visitors who are not registered (do not have a User Account). It is recommended that guests and visitors register a User Account for access to the App’s full benefits (buying and selling, discounts, and updates). There is no initial purchase or sale obligation for any guard to register a User Account.

 

Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the App or our services we will notify you by posting notice of the change on the App. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our App, provided that these changes will not apply to services rendered or sales purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our App and for all services rendered or items purchased after the effective date of the change. We suggest that you revisit our Terms and Conditions from time to time to ensure that you stay informed of any such notifications of changes to the App. Your use of the App after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

 

User Accounts for Guards

You may establish a user account (“User Account”) for your convenience, subject to the terms and conditions under this Agreement, by following the directions on the App for registering and opening a User Account. Your User Account shall contain your profile and other personal information. Users of the Suitz Security app are limited to ONE account per user. Users who are found to be in violation of this policy will have the account closed. Users who are found to have multiple accounts will have all known and associated accounts closed for violating the USERS’ USAGE POLICY.

Only you shall have control over your Suitz Security profile. With that entitlement it is your sole responsibility for all activities that occur under your User Account. You should keep your User Account information confidential. Under no circumstances is it appropriate, and it shall be strictly prohibited for you or anyone else to use another user’s User Account. If you feel that your profile or User Account has been compromised in any way, or if there has been any unauthorized use of your User Account, you must notify us immediately. As further set forth in this Agreement, you agree to hold Suitz Security free from any liability pertaining to any losses whatsoever that may occur in the event that any unauthorized third party shall use or access your User Account or profile in any way.

Please be aware that we reserve the right to interrupt your service, access your User Account, and/or access to the App or any services or Products we offer, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your User Account is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of the User Account, and you hereby agree to hold us irresponsible from any such losses which you may suffer as a result of or in any way related to such interruption or termination. Being a registered User of the BPG app does NOT constitute employment. Guards are independent contractors that are free to accept or deny potential assignments requested by Client Users.

 

User Accounts for Clients

You may establish a user account (“User Account”) for your convenience, subject to the terms and conditions under this Agreement, by following the directions on the App for registering and opening a User Account. Your User Account shall contain your profile and other personal information. Users of the Suitz Security app are limited to ONE account per user. Users who are found to be in violation of this policy will have the account closed. Users who are found to have multiple accounts will have all known and associated accounts closed for violating the USERS’ USAGE POLICY.

Only you shall have control over your Suitz Security profile. With that entitlement it is your sole responsibility for all activities that occur under your User Account. You should keep your User Account information confidential. Under no circumstances is it appropriate, and it shall be strictly prohibited for you or anyone else to use another user’s User Account. If you feel that your profile or User Account has been compromised in any way, or if there has been any unauthorized use of your User Account, you must notify us immediately. As further set forth in this Agreement, you agree to hold Suitz Security free from any liability pertaining to any losses whatsoever that may occur in the event that any unauthorized third party shall use or access your User Account or profile in any way.

Please be aware that we reserve the right to interrupt your service, access your User Account, and/or access to the App or any services or Products we offer, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your User Account is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of the User Account, and you hereby agree to hold us irresponsible from any such losses which you may suffer as a result of or in any way related to such interruption or termination. **SEE GENERAL LIABILITY INSURANCE PROVISIONS**

 

Registration Requirements - GUARDS

Registration and establishing a User Account is completely free. As a condition of Suitz Security.com and your use of this App, you agree that:

1 To register and use a User Account you must be at least 18 years of age;

2 You must be located within the United States;

3 You possess the authority to create a binding legal obligation.

4 You are in possession of a valid guard card and/or are a current/retired law enforcement officer

 

You may be asked to provide any or all of the following information at the time you register a User Account and/or at point of sale:

• FIRST NAME

• LAST NAME

• DATE OF BIRTH

• EMAIL ADDRESS

• GUARD CARD

• FIREARM PEMIT (IF APPLICABLE)

• USERNAME

• USER PASSWORD

• MAILING ADDRESS

• PHONE NUMBER

• BILLING ADDRESS

• A VALID SOCIAL SECURITY NUMBER & RELATED INFORMATION FOR PAYMENT

 

You agree and acknowledge that all information provided to us shall be true, accurate, current, and complete in all material ways. Suitz Security reserves the right, but has no obligation, to verify your information through whatever means it may deem reasonable. Once a User Account has been opened and registered, you agree to update any information periodically so that your User Account is accurate and current at all times. Furthermore, once a User Account has been opened and registered, in full satisfaction of all the requirements for registration, we grant you permission to access and use our App and services as set forth in this Agreement, provided your use is consistent with the intended features of the services we provide.

 

Registration Requirements - CLIENTS

Registration and establishing a User Account is completely free. As a condition of Suitz Security.com and your use of this App, you agree that:

1.To register and use a User Account you must be at least 18 years of age;

2. You must be located within the United States;

3. You possess the authority to create a binding legal obligation.

 

You may be asked to provide any or all of the following information at the time you register a User Account and/or at point of sale:

• FIRST NAME

• LAST NAME

• BUSINESS NAME (WHERE APPLICABLE)

• EMAIL ADDRESS (USER NAME)

• USER PASSWORD

• MAILING/BILLING ADDRESS

• PHONE NUMBER

• A VALID CREDIT CARD NUMBER & RELATED INFORMATION

 

You agree and acknowledge that all information provided to us shall be true, accurate, current, and complete in all material ways. Suitz Security reserves the right, but has no obligation, to verify your information through whatever means it may deem reasonable. Once a User Account has been opened and registered, you agree to update any information periodically so that your User Account is accurate and current at all times. Furthermore, once a User Account has been opened and registered, in full satisfaction of all the requirements for registration, we grant you permission to access and use our App and services as set forth in this Agreement, provided your use is consistent with the intended features of the services we provide.

 

Company Discretion to Update Policy

Suitz Security reserves the right from time to time, and in our sole and absolute discretion, to update, modify or amend this Agreement (“Changes”) with or without notice. Any Changes to this Agreement will be reflected on our App and revisions will be indicated by date. You agree to be bound to any Changes to this Agreement when you use any of our services or otherwise visit our App after any such modification is made. Our best attempts under applicable law to notify you will be made, but it is your sole responsibility to periodically review this Agreement and any Changes thereto. Any and all Changes made shall be effective when posted. Any disputes arising and brought to our attention prior to any Changes becoming effective will be rectified under the terms of this Agreement as they existed on the date the dispute arose and was brought to our attention.

 

Code of Conduct for Users

All users are expected and required to follow and adhere to the following code of conduct at all times when visiting or using our App or otherwise using any services we offer.

Some cross-promotional items require a maximum item-per-buyer limitation of one;

• Suitz Security holds the right to limit any quantities or complete any transactions, or cancel any transactions as necessary.

• Prices on the App may be considered promotional prices.

• Guards may not request payment directly from clients.

• Suitz Security is permitted to discount category prices or items further than they are currently offered.

• You may create only one account for your use;

• Clients may cancel a job/event/assignment at no charge within 6 hours of the respective event, after which an industry standard 3 hours will be billed

• Clients may only make purchase service on the App for your own use.

• You must supervise the use of your account, and ensure the safekeeping of your password; and

• Your account is your responsibility, and it is for you alone to use-the use of your account by a member of your family, friends or co-worker with or without your acknowledgement is strictly prohibited.

 

Prohibited Uses

We expect you to use the Suitz Security app for its intended function and in conformity with this Agreement.

It is strictly prohibited to sell or offer for sale any property and/or Products that are not owned by the seller or that the seller does not have the absolute legal right to sell. Any criminal act, any act of fraud, and any intention or attempt to commit a criminal act or fraud is strictly prohibited. Any claims of criminal acts, fraud or misconduct, or intention to commit a criminal act, fraud or other misconduct, will be subject to investigation and may lead to the notification of appropriate law enforcement agencies. Criminal and/or fraudulent activities include, but are not limited to, the following with regard to any Products sold to Suitz Security, its affiliates, or to any of their members, users, and/or guests: (i) use of a guard in a manner that diminishes the value represented and (ii) sale of a Product to multiple parties.

Furthermore, all of the following are strictly prohibited:

• Any use of Suitz Security App other than its intended function.

• Any use of Suitz Security App that could damage, disable, overburden, or impair our App or any service we offer.

• Any use of Suitz Security App that could interfere with any other party’s use and enjoyment of Suitz Security App services.

• Any use of Suitz Security App’s copyrights, patents, trademark, and legal rights without the express written consent of BPG Inc.

• Any attempt to gain unauthorized access to any member’s personal information, personal profile, or personal User Account.

• Any attempt to gain unauthorized access to Suitz Security.com, including but not limited to Suitz Security’s accounts, computer systems and/or networks systems, through any means, including use of a proxy server.

• Any violation of the restrictions in any robot exclusion headers on this App or any bypassing or circumventing of other measures employed to prevent or limit access to this App;

• Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure as determined in our sole discretion.

• Aggregating any live or post-feature content or other information from the App (whether using links or other technical means or physical records associated with purchases made through this App) with material from other Apps or on a secondary App without our express written permission.

• Deep-linking to any portion of this App (including, without limitation, the purchase path for any voucher) without our express written permission;

• Acting illegally or maliciously against the business interests or reputation of Suitz Security, our Merchants or our services; or

• Hyperlinking to the App from any other webApp without our initial and ongoing consent.

• Interfering with Suitz Security’s and/or its App’s operations through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your identity for causes needed to secure the authenticity of your profile, and/or to remove yourself from any illegitimate acts or intentions.

 

Prohibited Conduct

As a condition of using or accessing the App or any services or Products offered by or through Suitz Security, you hereby agree and acknowledge that all of the following conduct is strictly prohibited:

• Uploading or submitting copyrighted material you do not own or have the legal right to distribute, display, and otherwise make available to others.

• Misrepresenting or misleading others or Suitz Security in information you provide.

• Selling, offering for sale/hire, or redeeming property you do not hold the legal rights to.

• Copying, distributing, or disclosing any part of the service in any medium, including without limitation by any automated or non-automated means or methods such as “robots,” “spiders,” “readers”, etc., to gain access to our service or any parts thereof.

• Soliciting of any kind that Suitz Security does not approve, including but not limited to chain letters and spam.

• Interfering with Suitz Security, its services and its security.

• Accessing any information prohibited and/or not made available for public observation, any material that is restricted, and/or any material that is personal and private.

• Impersonating another person or accessing another user’s account without that person’s permission.

• Making unsolicited offers, advertisements, proposals, or sending junk mail to other users;

• Uploading images that are or may be considered offensive.

• Uploading materials that are irrelevant to the product in question.

• Uploading materials that may be misleading in any way.

• Using techniques to avoid or circumvent applicable commissions, fees, or other charges for use of Suitz Security.

• Using Suitz Security and its services for any illegal, unethical, or objectionable purpose as determined in our sole and absolute discretion.

• Harassing, threatening, or defrauding BPG Inc. and/or its customers or users.

• Making any claims that you are attempting to gain or have successfully gained any access, which is prohibited under this Agreement.

 

 

PAYMENT

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, Suitz Security will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Suitz Security. Suitz Security will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. **Client is responsible for all and any charge backs from fees due to unpaid credit cards**

All Charges are due immediately and payment will be facilitated by Suitz Security using the Stripe.com method designated in your Account, after which Suitz Security will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Suitz Security may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Suitz Security, Suitz Security reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Suitz Security's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Suitz Security will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Suitz Security may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider within 4 hours of Third Party Provider's arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services provided. Except with respect to other services requested through the Application, Suitz Security does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Suitz Security (on Suitz Security's web/App, in the Application, or in Suitz Security's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Suitz Security provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

 

Right of Acceptance. In order to ensure the integrity of the Suitz Security, we reserve the right to reject any card or cards that we believe, in our sole discretion, may be fraudulent or stolen, or which may have come from an unauthorized source, or which otherwise may pose a financial risk to us, our users, or merchants and credit card issuers. You agree that until the buyer receives all Credits Cards associated with a Sale Transaction, you remain liable for all risk of loss. Listing a Credit Card or Credit Cards on the Suitz Security for sale in no way obligates Suitz Security to purchase such Credit Card or Credit Cards.

 

Credit Card Sale Guidelines.

The following sale guidelines ("Credit Card Sale Guidelines") list the minimum requirements that Suitz Security sets forth in connection for any Sale Transaction of Credit Card on or through the Suitz Security. Suitz Security may, at any time and in its sole discretion, update, modify, add or delete the requirements set forth in these Credit Card Sales Guidelines.

 

 

PAYMENT

Payment of Guards Assignments, Suitz Security will pay the requested amount subject to the following:

• Payment by ACH or Check will be honored at no additional charge

• Requests for payment by next-day ACH Direct Deposit are considered a mean of expediting payment, and a $50 fee will be charged for the convenience.

• Check Policies/Fees

• All Checks will be sent to the address listed as the billing address for Guards registered address on file;

• Requests to mail checks to an address other than the credit card billing address will only be honored if the Seller provides a copy of a valid driver’s license within 24 hours of the end of an assignment;

• A $30 fee will be assessed to reissue a check, and this fee will be waived if the user maintains a bulk seller account in good standing;

• Each Guard may make one payment request per event.

• All payment requests will be processed once per business day at 12:01am PST.

• Any payment requests received after 12:01am PST will be processed on the following business day.

 

Removal of Listed Credit Cards. All sales are final in the Suitz Security App; however, Suitz Security strives to protect you as a Client from a loss resulting from purchasing an invalid, fraudulent or stolen Credit Card. Notwithstanding anything to the contrary contained herein, Suitz Security’s liability to you for any loss, damage or injury suffered by you in any way related to the App or any Products or services used or purchased by you, or for any breach of any term or condition of this Agreement, or for any Damages, regardless of the form of action, will at all times be limited to the LESSER of the following:

1 the sum total of all purchases made by you during the thirty (30) day period prior to the date you notify us that you have suffered a loss or injury of any kind;

2 two hundred and fifty ($250) dollars; or

3 the Lost Value of the credit card, coupon or other Product that was purchased and is the subject of a claim for loss, provided, however, that we can reasonably determine the Lost Value and you fully cooperate in our investigation regarding the Lost Value.

 

 

Disputes

It is imperative that you use and express discretion when using our App or any App that may be similar in the service provided. Suitz Security.com acts as a broker to unite users to engage in the purchase or selling of Credit Cards, Merchandise Credits, and other similar Products. Despite any attempt to ensure your satisfaction, we cannot prevent every act or intention to commit fraud by scamming or other illegitimate means. Please follow the following terms and conditions in the event you have a dispute regarding the purchase or sale of any Product you have made through the use of our App.

• Notify Suitz Security via email at Support@SuitzSecurity.com or via toll free number at (877) 515-4827 about the complaint you may have.

• Suitz Security reserves all rights to conclude and offer, if warranted and applicable, a reasonable remedy for your complaint. In the event your complaint violates the Usage Policy, the Terms & Conditions for our webApp, any other policy not herein, or any and all applicable state and federal laws, we will dismiss your complaint and take reasonable action to procure a judgment against you.

• Suitz Security reserves the right to cancel any order at any time for any reason, per our discretion

 

Suitz Security will review your complaint and notify you in the event that we shall require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the complaint resolution process. In the event you fail to respond to any request we may make in relation to a complaint within five (5) days, we reserve the right to close the complaint and take no further action in the matter, in which event it shall conclusively be presumed that your complaint has been resolved to your satisfaction. Furthermore, in the event you have not notified us for any reason of a complaint within thirty (30) days after purchase of the Product, unless the product cannot be used within a thirty (30) day period after purchase, in which event within thirty (30) days of the first day on which the Product can be used, you hereby agree that all rights to receive any compensation from Suitz Security (as set forth under the sections labeled Suitz Security “Clients Protection”) shall be waived and forfeited and we shall have no further liability or obligation with regard to such claim. We reserve the right to refer any complaint to the proper authorities for investigation or review.

You understand and agree that Suitz Security may, without further notice or warning and in our sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes and for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Suitz Security, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

 

Payment Requirements and Late Fees

We require payment in full at the conclusion of the job/event. We recommend that you review your account once the auto-generated invoice is received.

If your account becomes past due, in addition to owing late fees, your account may be suspended for nonpayment, and you may be responsible for collection and related legal costs. For accounts more than 30 days past due, action may include deducting the amount owed from your payment method. We may report information about your account to credit bureaus, so late payments, missed payments, or other defaults on your account may be reflected in your credit report.

In the event your account is suspended for any reason, any amount due on your account will be immediately become due and payable. You are responsible for paying all fees by the payment due date. We reserve the right to immediately charge any amount you have not previously disputed to the payment method that you have on file.

 

Adjustments

If (a) a job/event is cancelled for any reason; (b) you engage in any activity prohibited under this Agreement; (c) we reasonably believe that you have committed fraud or any other illegal act or omission during any buying or selling activity; (d) subject to the exceptions set forth in “Credit Card Authorization” Section 4.8, you aren’t able to produce the exact credit card that you have listed on the App or send the credit card on or before the expected date or you otherwise fail to fulfill the sale or your credit cards; (e) you send incorrect, misrepresented, invalid, fraudulent, or counterfeit credit cards for any sale or portion of a sale; (f) you resell, invalidate, or change a credit card; (g) you otherwise owe Suitz Security a specific amount, then you authorize Suitz Security to withhold payment or charge your payment method any amount you owe us and all costs Suitz Security incurs due to your conduct, including but not limited to: a late shipment fee or late delivery fee, reissue fee, shipping rerouting charges, the of replacement credit cards and other costs required to compensate the buyer for his or her bad experience. We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts.

 

REPAIR FEES.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider equipment and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Suitz Security in Suitz Security's reasonable discretion, Suitz Security reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Suitz Security to the applicable Third Party Provider and are non-refundable.

 

Termination of Service

Your account with Suitz Security and any access to the products, services and/or any portion of our App is and shall remain at the sole and absolute discretion of Suitz Security. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any Products, services and/or any portion of our App for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of this Agreement at all times during any suspension or termination of your User Account or access to any Products, services or any portion of our App.

 

Disclaimers

Suitz Security has no special relationship with or fiduciary duty to you. You acknowledge that Suitz Security has no control over, and no duty to take any action regarding which users gain access to the App and the authenticity of any claims made by users of the App. You release Suitz Security from any and all liability for your having acquired or not acquired any App Content through the App. The App may contain, or direct you to webApps containing information that some people may find offensive or inappropriate. Suitz Security makes no representations concerning any content contained in or accessed through the App, and Suitz Security will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the App. Suitz Security is an online security fulfillment service that provides users access to promotions offered by third parties that are in no way affiliated with Suitz Security. As an intermediary, we are not responsible for the creation or redemption of promotions provided by third parties, nor can we be held responsible for transactions on third party webApps. Use of third party logos and trademarks in no way constitutes an affiliation between Suitz Security and a third party.

 

Links to Other WebApps

Suitz Security may redirect you to other webApps in order to provide for convenience on promotions and 3rd party hosted deals. We are not responsible for the content on other Apps or the accuracy of materials, or privacy practices of those Apps. If you decide to access webApps maintained by other parties, you do so at your own risk.

 

Disclaimer of Warranty

YOU AGREE THAT YOU ARE USING THE APP AND ANY SERVICES OFFERED BY US AT YOUR OWN RISK. THE PRODUCTS (EXCEPT AS EXPLICITLY SET FORTH UNDER THE SECTION LABELED “GUARDS PROTECTION”), APP CONTENT, APP AND ANY SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, SUITZ SECURITY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE PRODUCTS, INFORMATION, OR SERVICES PROVIDED ON THIS APP (EXCEPT AS EXPLICITLY SET FORTH UNDER THE SECTION LABELED “BUYER’S PROTECTION”). BY USING THIS APP, YOU ACKNOWLEDGE THAT SUITZ SECURITY IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF OR INABILITY TO USE THE APP OR PRODUCTS; (2) DOWNLOADING INFORMATION CONTAINED ON THE APP; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF APP CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY APP CONTENT FROM THE APP, INCLUDING BUT WITHOUT LIMITATION TO HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) APP CONTENT POSTED IN ANY COMMUNITY AREA OF THE APP; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED APP CONTENT.

FURTHERMORE, UNDER NO CIRCUMSTANCE IS SUITZ SECURITY (EXCEPT AS EXPLICITLY SET FORTH UNDER THE SECTION LABELED “BUYER’S PROTECTION”) OR ANY OF ITS MANAGERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR ATTORNEYS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (collectively “Damages”) RESULTING FROM ANY USE, FAILURE TO USE, INABILITY TO USE OR MISUSE OF ANY PRODUCTS OR SERVICES OFFERED BY OR THROUGH SUITZ SECURITY.

The limitations contained in this section shall survive any failure of any exclusive or limited remedy. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights. Users who reside in California waive California Civil Code, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

 

LIMITATION OF LIABILITY.

SUITZ SECURITY SHALL NOT BE 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 THE SERVICES, EVEN IF SUITZ SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUITZ SECURITY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SUITZ SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUITZ SECURITY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SUITZ SECURITY'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY SECURITY PROVIDERS PROVIDING SECURITY SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER PEER-TO-PEER SECURITY SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SUITZ SECURITY'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

SUITZ SECURITY'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SUITZ SECURITY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

Indemnity

You agree to defend, indemnify and hold harmless Suitz Security, its subsidiaries, its affiliates, their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of content you submit to the App, post or make available through any service or webApp offered by Suitz Security, your use of such service, App or webApp, and your violation of any terms or conditions under this Agreement. Notwithstanding the foregoing, Suitz Security reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under this Agreement. You further agree to cooperate, at your expense, with Suitz Security’s defense of such claims. Suitz Security will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

You shall indemnify and hold Suitz Security and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest, and expenses (including reasonable attorneys’ fees) incurred by Suitz Security that arise out of any third party of governmental claim that involves, relates to, or concerns and federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order, or decree. You agree to provide Suitz Security with your Social Security Number or tax ID if necessary for Suitz Security to provide information to the Internal Revenue Service related to payments you receive from us and further authorize Suitz Security to release that information to the IRS or other competent governmental body.

You agree to indemnify and hold Suitz Security and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Suitz Security’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

 

Intellectual Rights and Property

The contents on the App (“App Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to Suitz Security and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. App Content includes, without limitation, all source code, databases, functionality, software, webApp designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Suitz Security in the United States and/or as part of domain names, in connection with any Product or service in any manner and may not be copied, imitated or used, in whole or in part, without the prior written permission of Suitz Security.

By posting or uploading any information, content or material to Suitz Security’s App, you hereby agree to the following, subject to the Privacy Policy in place from time to time:

• You hereby grant to Suitz Security an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said information, content or material and to authorize sub-licenses of the foregoing.

• You hereby grant Suitz Security all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the information, content or material by any party for any purpose.

 

Notice and Procedure for Making Claims of Copyright Infringement

BPG Inc. respects the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and you believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Suitz Security’s Copyright Agent with the following information in writing (pursuant to 17 U.S.C. 512(c)(3)):

• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the App;

• Your address, telephone number, and email address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

 

   Please note that this procedure is exclusively for notifying Battalion Protection Group Inc. that your copyrighted material has been infringed.

 

Arbitration

We will make every reasonable effort to resolve any disagreements that you have with Suitz Security. If those efforts fail, by using this App you agree that any claim, dispute, or controversy you may have against Suitz Security arising out of, relating to, or connected in any way with this Agreement, this App, or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Suitz Security; (b) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Suitz Security’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Suitz Security will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Suitz Security shall be entitled to arbitrate their dispute.

 

Governing Laws / Exclusive Jurisdiction

Any claim relating to use of the App and/or Product or services we offer shall be governed by the laws of the State of California without regard to any conflicts of laws provisions. The federal and state courts of the state of California and LA County shall have exclusive jurisdiction to adjudicate any dispute arising out of use of this, or in any way relating to this App and/or Product or services we offer. By using this App and/or Product or services we offer you expressly consent to: (i) the personal jurisdiction and venue of the courts of California and (ii) service of process being effected upon you by registered mail or electronic communication if we do not have a postal address for you.

Miscellaneous Provisions

To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. The section headings used herein are for convenience only and shall be of no legal force or effect. This Agreement is not assignable, transferable or sub-licensable by you except with Suitz Security's prior written consent. Suitz Security may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Suitz Security in any respect whatsoever. Any notice to the App that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to Legal@SuitzSecurity.com , when delivered in person by nationally recognized overnight courier, or when mailed by first class, registered or certified mail, postage prepaid, to

Battalion Protection Group Inc.

Attention: Legal

2461 Santa Monica Blvd, Ste 412.

Santa Monica, CA 90404