We receive and may keep information you gave us because you contact us through our Digital Services to request additional information from us. This information may include:
Information may also include any other personal information or unique preference information you choose to provide to us in your communication.
If you engage us to provide services to you, we may request and you may provide the following information (either through our Digital Services or through other communications means):
We want you to be aware that certain tools exist to help us service and recognize you. For your convenience, to help us personalize your experience or better serve your needs, we may receive and store certain types of information when you use our Digital Services. You may be familiar with the term “cookies”, which are unique alphanumeric identifiers. We may place cookies on your computer when your web browser accesses our web sites. We use this information to educate us on things such as how you navigate to and around our web sites, browsing and accessing content. If you choose, there are utilities available for purchase from independent software providers to install on your computer as well as tools/preferences you can choose through most web browsers to make web site visits anonymous. Of course, cookies let you have a more satisfying web site experience, so we recommend that you leave them turned on. We may also collect mobile device and app analytic data, subject to your applicable privacy and sharing settings on your mobile device(s).
Generally, we use the information you provide us to perform the services for which such data was collected. Accordingly, we may use your information for a number of purposes including but not limited to the following:
We may share information we collect from all points of contact within our organization (including any affiliates or subsidiaries). The information you give us and information about you may be combined with other personally identifiable information available from our records and other sources. We may share information with our service providers (including third party processors) operating on our behalf to provide services to our customers.
Should the Company choose to sell or transfer business assets, or to engage in a transaction where it is required to share or transfer your information, it is possible that the information we possess may be transferred as part of that transaction. We may decide to retain a copy of the information post sale or transfer.
Aside from the sharing and disclosures set forth above, we will not share your personally identifiable information with any third parties without your consent.
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2017 will receive information regarding 2016 sharing activities). To obtain this information from us, please send an email message to email@example.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing (if any) will be included in our response.
Our Digital Services do not respond to “do not track” requests.
Access to and use of the Pro-Vigil, Inc. (“Pro-Vigil”) website at https://www.pro-vigil.com (the “Website”) is provided subject to the following terms and conditions (“Terms and Conditions”). BY USING THE WEBSITE, YOU, THE WEBSITE USER (INCLUDING, WITHOUT LIMITATION, ANY INDIVIDUAL VISITING OR EXPLORING THE WEBSITE ON YOUR BEHALF) (INDIVIDUALLY AND TOGETHER, “USER”), ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY AGREE TO WAIVE ANY AND ALL RIGHTS OR CLAIMS AGAINST PRO-VIGIL. If User does not want to agree to these Terms and Conditions, User must not access or use the Website.
CHANGES TO TERMS AND CONDITIONS
Pro-Vigil may revise and update these Terms and Conditions from time to time in Pro-Vigil’s sole discretion. All changes are effective immediately when posted. User’s continued use of the Website following the posting of revised Terms and Conditions means that User accepts and agrees to the changes. User is expected to check this page frequently so that User is aware of any changes, as they are binding on User.
USE OF MATERIALS
All materials, including, without limitation, information, artwork, images, pictures, text, video, audio, programs, and media files contained on the Website (the “Materials”) are protected by copyright laws. User may access and use the Materials for personal and non-commercial purposes only. Any modification or use of the Materials for any other purpose without Pro-Vigil‘s express prior written consent is strictly prohibited. Except as expressly provided herein, any reproduction, republishing, posting, transmission, modification, creation of derivative works or distribution of any Material on the Website is strictly prohibited.
COPYRIGHT & TRADEMARK
This Website (including all content) is copyright© Pro-Vigil (including, without limitation, parent companies and subsidiaries) and/or its licensors, all rights reserved. All trademarks, designs, slogans, service names and logos contained in any and all materials and information on the Website are the property of their respective owners. Use of such trademarks, designs, slogans, service names and logos are strictly prohibited without the express prior written permission for use from the rightful owners.
PRINTING OF MATERIALS
Pro-Vigil authorizes the printing of Materials found on the Website for personal or educational purposes only; provided that any and all copyright notices originally included with the Materials are included in any and all copies. If User prints, copies, modifies or downloads any Materials in breach of the Terms and Conditions, User’s right to use the Website will stop immediately and User must, at Pro-Vigil’s option, return or destroy any copies of the Materials User has made. No right, title, or interest in or to the Website or any content on the Website is transferred to User, and all rights not expressly granted are reserved by the Pro-Vigil. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Any computer software downloadable or otherwise available from the Website is licensed subject to the terms of the applicable license agreement. User understands that Pro-Vigil cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. The downloading of software is at the downloader’s own risk. User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Pro-Vigil’s site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, PRO-VIGIL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO USER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
User may use the Website only for lawful purposes and in accordance with these Terms and Conditions. User agrees not to use the Website:
CHANGE OF WEBSITE AND MATERIALS.
Pro-Vigil reserves the right to withdraw or amend the Website, and any Materials on the Website, in Pro-Vigil’s sole discretion and without notice. Pro-Vigil will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Pro-Vigil may restrict access to some parts of the Website, or the entire Website, to Users.
Any site linked from the Website is not under Pro-Vigil’s control, and Pro-Vigil does not assume and expressly disclaims any and all responsibility or liability for any communication, software, or material available at such linked sites. Links on the Website are not referrals or endorsements of the linked entities, and such links are provided for convenience and/or information purposes only. If User decides to access any of the third-party websites linked to the Website, User does so entirely at User’s own risk and subject to the terms and conditions of use for such websites. Pro-Vigil disclaims any and all liabilities for any representations or warranties made by the individuals and/or entities of such linked sites.
CUSTOMER ACKNOWLEDGES THAT ANY MENTION OF NON-PRO-VIGIL PRODUCTS OR SERVICES BY PRO-VIGIL, ANY THIRD PARTY ENTITY RELATED TO PRO-VIGIL (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR PRO-VIGIL‘S EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND/OR SUBSIDIARIES, IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY PRO-VIGIL OR THE INDIVIDUALS AND ENTITIES LISTED IN THIS SECTION. PRO-VIGIL DISCLAIMS ANY AND ALL LIABILITIES FOR ANY REPRESENTATION OR WARRANTY MADE BY THE VENDORS OF SUCH NON-PRO-VIGIL PRODUCTS AND/OR SERVICES.
INFORMATION ABOUT USER AND USER YOUR VISITS TO THE WEBSITE
DISCLAIMER USER’S USE OF THE WEBSITE, THE MATERIALS, ANY SERVICES, INFORMATION, AND DATA OBTAINED THROUGH THE WEBSITE (COLLECTIVELY THE “INFORMATION”) IS AT USER’S OWN RISK. THE INFORMATION IS MADE AVAILABLE ON THE WEBSITE ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PRO-VIGIL MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION ON THE WEBSITE, OR THAT THE INFORMATION IS RELIABLE FOR ANY REASON. PRO-VIGIL MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. TO THE FULLEST EXTENT PROVIDED BY LAW, PRO-VIGIL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PRO-VIGIL, ITS PARENT COMPANIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE MATERIALS, ANY OTHER CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
FURTHER, PRO-VIGIL WILL HAVE NO LIABILITY FOR:
User agrees to protect, defend, hold harmless, and indemnify Pro-Vigil, any third party entity related to Pro-Vigil (including, without limitation, third party vendors), and Pro-Vigil‘s executives, directors, officers, managers, employees, consultants, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from User’s use of the Website (including User’s use of any Materials or other content).
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
MEDIATION AND ARBITRATION
Any dispute arising out of or related to the Website and these Terms and Conditions, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination that cannot be resolved between Pro-Vigil and User shall first be submitted to mediation in San Antonio, Texas. The mediator shall be a retired judge or an attorney of ten (10) years or more of experience. If the parties cannot agree upon a mediator, the parties shall ask the American Arbitration Association to appoint a mediator. If the mediation is unsuccessful, then the dispute shall be submitted to final binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law. The Arbitration shall be held in San Antonio, Texas. The arbitrator shall be a retired judge or an attorney of ten (10) years or more of experience. If the parties cannot agree upon an arbitrator, the parties shall ask the American Arbitration Association to appoint an arbitrator. During the arbitration, the parties shall each pay their share of the expenses and fees of the arbitrator. The arbitrator shall be entitled to award attorney’s fees and costs in such amounts and in such proportions as the arbitrator determines. The decision of the arbitrator shall be final and binding and judgment thereon may be entered in any court with jurisdiction.
WAIVER AND SEVERABILITY
No waiver by Pro-Vigil of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pro-Vigil to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
The Company’s contact information, should you need to contact the Company for any reason, is:
4646 Perrin Creek, Suite 280, San Antonio, TX 78217.
The time required for a video event to begin initial review will take no longer than thirty (30) seconds from the time it is received (except during Maintenance Windows). Any breach by Company of this guarantee will be referred to as a “Queue Time Interruption.”
Company’s monitoring platform will be operational 99.999% of the time (except during Maintenance Windows). Any breach by Company of this guarantee will be referred to as a “Monitoring Platform Interruption.”
The time required to notify Client if 50% or more of their onsite equipment becomes inaccessible will take no longer than one hour (except during Maintenance Windows). Any breach by Company of this guarantee will be referred to as a “Critical System Interruption.”
The duration of (a) Queue Time Interruption, (b) Video Uptime Interruption, or (c) Critical System Interruption will be measured from the time Company, in its sole discretion, determines that the Interruption began until the time that Company, in its sole discretion, considers the Interruption ended.
For each continuous thirty-minute (a) Queue Time Interruption, (b) Monitoring Platform Interruption, or (c) Critical System Interruption, Company will credit Client’s account five (5) percent (each an “SLA Credit”) of Client’s Four Week Billing amount, up to 100% of such invoices. Interruptions lasting less than thirty continuous minutes will not qualify for SLA Credits.
To receive an SLA Credit, Client must submit an SLA Ticket through https://portal.pro-vigil.info within seven (7) days of an Interruption.
Client’s SLA Ticket must contain:
Company will determine, in its sole discretion, the validity of each claim. For each valid claim Company will issue an SLA Credit within thirty (30) days of its determination that the claim is valid.
Client may qualify for SLA Credits for more than one type of guarantee, but the total SLA Credits given in any one Four Week Billing Period cannot exceed 100% of Client’s invoice for Video Monitoring Services in the Four Week Billing Period the Service Interruption occurred.
SLA Credits will only be paid as a credit toward Client’s account and will not be paid in cash.
SLA Credits are limited by this Agreement.
SLA Credits may not be issued, and any applicable SLA Credits may be forfeited, if:
If Company determines that the issues identified in an SLA Ticket were the result of Client’s action or inaction, Company’s support required to repair these actions taken (or by another person authorized to access Client’s account) will be billed to Client as additional support at Company’s then current rate.
“Maintenance Windows” include both Scheduled Maintenance Windows (for example, Client received prior notice) and Emergency Maintenance Windows (for example, because of immediate threats to Company’s systems or to Client’s equipment, Client received no prior notice).
This SLA provides Company’s only liability for malfunctions of, defects in, or any other performance-related issues associated with a particular Service. Client’s sole and exclusive remedy against Company for failure to meet the metrics set out in the SLA shall be the remedies set out in this document.
Company reserves the right to Modify this SLA at its sole discretion.