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The following terms and conditions govern all use of the PhantomLink service (“Service”) available at or through the PhantomLink website (“Website”). The Website is owned and administrated by Phantom Data Services, LLC (“Phantom Data Services”), a New Mexico limited liability company. This is a legal agreement (“Agreement”) between You and Phantom Data Services for use of the Service and the Website. “You” refers to any individual who accesses the Website or uses the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity.

The Website and the Service are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Website's Privacy Policy) and procedures that may be published from time to time on this site by Phantom Data Services.

Please read this Agreement carefully before accessing or using the Website or Service. By accessing or using any part of the Website or Service, You agree to become bound by the terms and conditions of this agreement. If You do not agree to all the terms and conditions of this agreement, then You may not access the Website or use the Service. If these terms and conditions are considered an offer by Phantom Data Services, acceptance is expressly limited to these terms.

Description of Service. The Service includes, and is limited to, an access account (“Account”), granted to You by Phantom Data Services in exchange for your acceptance of this agreement, that (i) receives status data from PhantomLink devices and (ii) automatically forwards status data to the email addresses or simple messaging service (SMS) gateway addresses specified by You.

In order to utilize the Service, You must have access to the public internet, and be capable of accessing the Website either directly or through means that access web-based content. You are responsible for all service fees associated with such access. You must also provide Your own equipment necessary to connect to the public internet and provide internet access to the PhantomLink device. If You opt to receive automated email and/or text message notifications, You must provide a valid email address and/or simple messaging service (SMS) gateway address under Your control and responsibility. You are responsible for all service fees associated with email and/or text message delivery.

You understand that the Service is not an alarm installation service. The Service does not provide installation, maintenance, service, repair, alteration, replacement, or inspection of alarm systems. You are responsible for all costs associated with installing, activating, modifying, servicing, or maintaining your existing alarm system. You understand and agree to abide by all ordinances, laws, and regulations pertaining to Your alarm system. Many municipalities only permit licensed contractors to install or modify alarm systems. Many municipalities also require registration of alarm systems with a local law enforcement agency. You are responsible for all fees associated with registering Your alarm system. You are responsible for all fines, fees, and penalties assessed due to Your failure to comply with any law, ordinance, or regulation.

You understand and agree that the Service is not an alarm monitoring service. You understand and agree that the Service only serves to allow You to monitor Your alarm yourself. The Service cannot and will not notify Your local law enforcement or public safety agency if the PhantomLink device is triggered.

You understand and agree that You will affirmatively verify the validity of all PhantomLink activation events before notifying Your local law enforcement or public safety agency. Either visually verify the event yourself, or contact a neighbor to verify the event. You are responsible for all fines, fees, and penalties assessed due to false alarm calls.

PhantomLink products and services shall not be used as critical components for life support systems and/or life safety applications.

Phantom Data Services will provide the Website and Service in accordance with this Agreement. Phantom Data Services may at its sole discretion modify features of the Website and the Service without prior notice.

Neither Phantom Data Services nor its suppliers or licensors, makes any warranty that the Website or Service will be error free or that access thereto will be continuous or uninterrupted. You understand that You obtain content or services through the Website at your own discretion and risk.

Service Fees and Terms. There is no fee for utilizing PhantomLink Services. As such, You recognize that You get what You pay for, and You understand and agree that Phantom Data Services provides no guarantee of service quality or availability.

Site Security. If You create an Account on the Website, You are responsible for maintaining the security of your Account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with those activities. You must not attempt to circumvent security measures of the Website, submit fraudulent credentials, or attempt to access areas of the Website You are not authorized to access. You must immediately notify Phantom Data Services of any unauthorized uses of your account or any other breaches of security. Phantom Data Services cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

Responsibility of Account Holder. If You make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, You represent and warrant that: (i) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (ii) if your employer has rights to intellectual property You create, You have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; (iii) You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; (iv) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (v) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (vi) the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (vii) your account is not named in a manner that misleads your readers into thinking that You are another person or company. For example, your account’s username is not the name of a person other than yourself or company other than your own; and by submitting Content for inclusion on the Website, You grant Phantom Data Services a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If You delete Content, Phantom Data Services will use reasonable efforts to remove it from the Website, but You acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Phantom Data Services has the right (though not the obligation) to, in Phantom Data Services' sole discretion (i) refuse or remove any content that, in Phantom Data Services’ reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website or Service to any individual or entity for any reason, in Phantom Data Services’ sole discretion.

Responsibility of Website Visitors. Phantom Data Services has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Phantom Data Services does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Phantom Data Services disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PhantomLink links, and that link to PhantomLink. Phantom Data Services does not have any control over those non-PhantomLink websites and webpages, and is not responsible for their contents or their use. By linking to a non-PhantomLink website or webpage, Phantom Data Services does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Phantom Data Services disclaims any responsibility for any harm resulting from your use of non-PhantomLink websites and webpages.

Intellectual Property. As PhantomLink asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by PhantomLink violates your copyright, You are encouraged to notify Phantom Data Services. Phantom Data Services will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Phantom Data Services or others, Phantom Data Services may, in its discretion, terminate or deny access to and use of the Website.

This Agreement does not transfer from Phantom Data Services to You any Phantom Data Services-owned or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Phantom Data Services. PhantomLink, PhantomLink.com, the PhantomLink logo, and all other trademarks, service marks, graphics and logos used in connection with PhantomLink, or the Website are trademarks or registered trademarks of Phantom Data Services or Phantom Data Services’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants You no right or license to reproduce or otherwise use any Phantom Data Services-owned or third-party trademarks.

The Website, HTML code, backend code, and all software associated with the Service are copyrighted works of Phantom Data Services. PhantomLink is a trademark of Phantom Data Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service with the exception of software that has been released through an appropriate license authorizing such actions.

Changes. Phantom Data Services reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued access and use the Website and the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Phantom Data Services may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. Phantom Data Services may terminate your access to all or any part of the Website or Service at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or your PhantomLink account (if You have one), You may simply discontinue using the Website or Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. THE WEBSITE AND SERVICE ARE PROVIDED "AS IS". PHANTOM DATA SERVICES AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Neither Phantom Data Services nor its suppliers or licensors, makes any warranty that the Website or Service will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event will Phantom Data Services or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Phantom Data Services shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the PhantomLink Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Phantom Data Services, its contractors, and its licensors, from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between Phantom Data Services and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by Phantom Data Services, or by the posting by Phantom Data Services of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the State of New Mexico, United States of America, and that PhantomLink.com constitutes a passive website for purposes of personal jurisdiction statutes enacted by other states. You agree that the laws of the State of New Mexico will govern these terms of service irrespective of principles regarding conflicts of law, and that any dispute between You and Phantom Data Services will be resolved by a court of competent jurisdiction located in the State of New Mexico. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Phantom Data Services may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.