Society Shield USA

Terms of Service, Privacy Policy, Support and Others

INTRODUCTION

Thank you downloading Society Shield!! Society Shield (and associated “shield” products) is an APP service provided by SHIELD USA INC. (“SHIELD”, “we”, “us”), a Florida Based Corporation located in Jupiter Florida. Your use of the Society Shield is subject to certain Terms of Service outlined below.
Before you start to read our Terms of Service, we’d like to point out a few basics about us and the Society Shield APP:

We are a company comprised of people, just like you, who want to see a change in society whereas a solution is made available that will empower all of us with a tool we can use during active shooter and domestic terrorist events, natural catastrophe’s, fires and public venue incidents. We, like you, are tired of the debates and the lack of action on the behalf of our leadership.
We are also users of Society Shield. We are bound by the same Terms of Service you are.
Society Shield is a free APP. TOTALLY FREE. There are no paid subscriptions and we will never show ads. No other 3rd party has access to our technology infrastructure and ecosystem.
Society Shield APP DOES NOT use data for any other purposes outside of the functionality relating to its products. Meaning, we do not use or aggregate ANY of your data, or ours’ unless it’s during an active event. The information you (and we) provide is only used by authorized parties such as police, first responders, gov’t agencies (FBI) etc. during an active event. As a matter of fact, the APP runs idle unless activated during an event we happen to be in.
As outlined below, we are not to be held liable for disruption of service of any kind for any reason, and we are not liable for injury or loss of life. By continuing to register and load the app on to your device, you explicitly acknowledge to hold harmless SHIELD USA and all associated subsidiaries, employees, contractors etc. from any liability or legal exposure in the event of a failure (partial or full) of the app, or injuries or deaths during an active event. You also acknowledge that all events may not be shielded by the Society Shield and as mentioned previously, you expressly and explicitly acknowledge to hold Shield USA harmless.

TERMS OF SERVICE (TOS)

The following Terms of Service (the "Agreement", “TOS”) set forth the terms and conditions of your use of SOCIETY SHIELD and related services ("Services"). In this Agreement "You" and "Your" refer to you as the user of Our Services, or any person authorized to act on your behalf. "We", "us" and "our" refers to SHIELD USA INC., as well as its subsidiaries, its services and products. This TOS explains our obligations to you, and explains your obligations to us for the various services or products offered by SHIELD USA INC. (“Services”). When you use your Society Shield account or permit someone else to use it or otherwise acquire access to our services or to cancel your Services (even if we were not notified of such authorization), YOU EXPLICITLY ACKOWLEDGE AND SIGNIFY YOUR AGREEMENT with ALL OF THE TERMS OF SERVICE associated with any and all services or products offered by SHIELD USA INC.

MODIFICATION

You agree that SHIELD USA INC. may modify this Agreement and the Services it offers at any time. You agree to be bound by any changes SHIELD USA INC. may reasonably make to this Agreement when such changes are made. If you do not agree with any of the changes, you may cancel your account at any time. THIS IS YOUR ONLY RECOURSE. It is not the responsibility of SHIELD USA INC. to determine if you agree to the changes. If you not agree, please delete your account. In addition, the terms and conditions of this Agreement shall continue in full force and effect as long as keep your account active (deleting the Society Shield APP alone does not excuse you from these terms. You must contact the company and cancel your account). By continuing to use the Services after any revision to this Agreement or change in services, you acknowledge and agree to be bound by any and all such revisions or changes.

YOUR INFORMATION MUST BE AS ACCURATE AS POSSIBLE

If you elect to fill in your profile with personal information, you agree to provide and maintain accurate information to SHIELD USA INC. If you provide false data, or inaccurate medical information, it could lead to injury or death as first responders will not be able to treat you responsibly. You agree to hold harmless SHIELD USA INC. and all authorized parties (i.e.: first responders, medics, hospitals) for treatment provided to you as a result of the inaccurate information. By continuing to use the Society Shield you explicitly acknowledge you are aware of this term. YOU ALSO ACKNOWLEDGE that SHIELD USA INC. is not responsible for updating your information at any time and as such and previously mentioned, acknowledge to hold harmless SHIELD USA INC., its subsidiaries, employees, contractors and any party related to us. Additionally, if you provide any information that is inaccurate, not current, false, misleading or incomplete, or if SHIELD USA INC. has reasonable grounds to suspect that information is inaccurate, not current, false, misleading or incomplete, SHIELD USA INC. reserves the total and absolute right, in its sole discretion, to terminate its Services and close delete your account without notice.

PRIVACY

SHIELD USA INC.'s Privacy Policy, which is incorporated herein by reference, is applicable to all Services offered by our company. The Privacy Policy sets out your rights and SHIELD USA INC.'s responsibilities with regard to your personal information. As previously mentioned, SHIELD USA INC. will not use your information for any other purposes other than when the APP is in use during an active or simulated event.

You agree that SHIELD USA INC., in its sole discretion, may modify the Privacy Policy, and you further agree that, by using the services after such modifications become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement by cancelling your account and deleting the Society Shield app from your device.

ACCEPTED USE POLICY

SHIELD USA INC.’s Accepted Use Policy (“AUP”), which is incorporated herein by reference and is applicable to all Shield USA based services. You should use our services for lawful purposes only. You agree to maintain your website in full compliance with the terms and conditions set forth in the AUP. By using any of our services, you agree to:

Not to use Society Shield app to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
Not to transmit any unsolicited materials not pertaining to an active event, not to be engaged in any activity known or considered to be frowned upon.
Not to make any illegal communication to any other Society Shield member
Not to make, attempt or allow any unauthorized access to your Society Shield account or the account of any other users of the Society Shield APP.
Not to manipulate the Society Shield for personal or commercial purposes. All of the functionality of the Society Shield and future version considered proprietary intellectual property in nature; in addition you acknowledge and agree that if you attempt or are successful in manipulating the app and any service provided by SHIELD USA INC. (not limited to denial of service attacks, etc.) we reserve the rights to report you to the proper law enforcement agencies and to see damages in a court of law.
Not to forge the signature or create a fake or imposter account depicting of any other person (fictional or not) or engage in any activity to attempt to deceive other persons regarding the true identity of a Society Shield user.
Not to use SHIELD USA INC. services for any and all activity outside the scope of the stated functionality.
Not to engage in or to instigate actions that cause harm to SHIELD USA INC., its employees, subsidiaries, contractors, and any related party and this applies to all of our services and users of said services. You agree that SHIELD USA INC. has the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of our policies is found, SHIELD USA INC., under its own discretion, will take corrective action upon our own discretion and we are not under any obligation to notify you of such action. All actions are binding and final and cannot be a subject of a further change without express written permission of SHIELD USA INC. That being said, SHIELD USA INC. cannot and shall not be liable for any loss or damage arising from our actions against actions we feel could or are causing harm to SHIELD USA INC. or any of its services. We have the right to terminate each and any account at any time and by continuing to use our services, you agree to such.

OWNERSHIP

Except as otherwise set forth herein, all right, title and interest in and to all,
(i) registered and unregistered trademarks, service marks and logos;
(ii) patents, patent applications, and patentable ideas, inventions, and/or improvements;
(iii) trade secrets, proprietary information, and know-how;
(iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired;
(v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and
(vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by SHIELD USA INC., and you agree to make no claim of interest in or ownership of any such rights.

NON-EXCLUSIVE RIGHT TO USE

By downloading Society Shield (or any other product offered by SHIELD USA INC.) you agree and acknowledge that you have been given permission to use software from SHIELD USA INC. and SHIELD USA INC. grants you a limited, non-exclusive, nontransferable and non-assignable right and ability to use any and all services provided by us for such purposes as are ordinary and customary. You are free to use the software on any device, but not on two devices at the same time. As previously mentioned, you also agree to not alter or modify our software, websites, and any property owned by SHIELD USA INC. You agree that you are not authorized to combine our software with any other software program, create derivative works based upon the software, nor are you authorized to integrate any enhancement which uses or relies upon our software. As a user, you also further agree not to reverse engineer, decompile or otherwise attempt to uncover our source codes. SHIELD USA INC. reserves all rights to the Society Shield. Except as expressly provided for in this section, this Agreement does not grant you any rights in the software and all rights are reserved by SHIELD USA INC. Any and solutions and Society Shield functionality are provided to you "as is" without warranty of any kind either expressed or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

THIRD PARTY SOLUTIONS

SHIELD USA INC. uses third party applications in some cases (i.e.: Amazon Web Services, etc). You acknowledge and agree to hold any all third party solutions harmless from any down time that impacts the functionality of the Society Shield and other SHIELD USA INC. services.

TERMINATION AND CANCELLATIONS

The term of this agreement, with SHIELD USA INC., shall be begin upon commencement of the app services and shall continue unless terminated or cancelled by either party (User or SHIELD USA INC.). You may terminate your account by visiting our website and contacting us directly. Please note, deleting any APP provided by SHIELD USA INC. does not delete your account. You must manually or request to cancel your service and delete your account for accounts to be deemed “terminated.” In addition, if you violate any of these Terms, SHIELD USA INC. at any time, without prior notice, if, in SHIELD USA INC.'s judgment, terminate your account without recourse. By continuing to download and register your account, you acknowledge this term.

SOCIETY SHIELD CUSTOMER SUPPORT

SHIELD USA INC. on a best effort basis, provides customer support to its users at no additional cost. SHIELD USA INC. has the right to decide what a service related issue is, and may, at its own discretion, refuse support for non-service related issues. If you need help, please visit shieldusa.net to contact us via email or other means (if available) such as through our live chat or a support ticket through our ticket system. SHIELD USA INC. is not liable to provide customer support if it is requested in any other way apart from what has been previously stated. In addition, you acknowledge that by asking for support you are granting SHIELD USA INC. representatives to make changes to your account if necessary.

LIMIATION OF LIABILITY; WAIVER AND RELEASE

The Society Shield and other services offered by SHIELD USA INC. are being provided on an "AS IS" and SHIELD USA INC. expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, SHIELD USA INC. expressly does not warrant that our services will meet your satisfaction, or that the use of our services will be uninterrupted or error free (including beacons associated with our Live Floor plan Shield solution). You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our services is done at your own discretion and risk and that you will be solely responsible for any damages to your devices, computer systems. No advice or information, whether oral or written, obtained by you from SHIELD USA INC. shall create any warranty not expressly made herein. You agree that SHIELD USA INC. will not be liable for any (i) suspension or loss of services, except to the limited extent that a remedy is provided under these TOS; (ii) interruption of cellular or wi-fi services; (iii) access delays or access interruptions to our services; (iv) loss or liability resulting from acts of god; (v) mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of SHIELD USA INC.; (vii) the loss or liability resulting from the unauthorized use or misuse of your Society Shield account identifier or password. In addition, you specifically acknowledge and agree that in no event shall SHIELD USA INC.’s total aggregate liability exceed the total amount paid by you for the use of our services that are the subject of the cause of action. The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of the services provided by SHIELD USA INC. You also explicitly acknowledge that no waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of SHIELD USA INC..

IDEMNIFICATION

Accordingly, you AS yourself and all of your heirs, family members, acquaintances, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge SHIELD USA INC., its officers, employees, subsidiaries, contractors and related parties of SHIELD USA INC. and all affiliates of SHIELD USA INC. from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and your acquisition and use thereof, including, but not limited to, the provision of SHIELD USA INC. products and/or services. Further, You agree to defend, indemnify and hold harmless all of the aforementioned parties including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by SHIELD USA INC. or any other agreement that has been incorporated by reference herein; (ii) the services we provide or your use of the Society Shield APP; (iii) any information or data you supplied to SHIELD USA INC., including, without limitation, any misrepresentation in your account, if applicable; (iv) any negligence or willful misconduct by you, or any allegation that your account is fake or false in nature.

SERVICE INTERUPPTIONS

SHIELD USA INC. makes no claim or warranty to third party connectivity (i.e.: cellular, Wi-Fi, or similar.) As such, SHIELD USA INC. will use its best efforts to maintain a full time Internet presence for your “shield.” You hereby acknowledge that third party network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. You explicitly acknowledge that SHIELD USA INC. shall under any circumstances be liable to you for any damages resulting in any failure or interruption of our services. You also expressly acknowledge and agree that you will not blame, defame, slander or post, for example, on social media or email exchange, that SHIELD USA INC. is liable in any way shape or form and that if you violate this term, SHIELD USA INC. reserves the right to determine damages and seek relief for the same.

AGE RESTRICTIONS

In order to use Society Shield or any other services offered by SHIELD USA INC., you must register your app and provide applicable contact information, subject to age restrictions. That said, while services provided by SHIELD USA INC. are meant for all members of society, our company takes privacy of one’s information and children based identities and data very seriously and we safeguard it as best anyone can in the world. However, and when it concerns users under the age of 13, PARENTS ARE THE ONLY PARTIES ALLOWED TO REGISTER AND ALLOW THEIR CHILD TO PARTICPATE IN OUR SERVICES. Parents will be, for example, invited by their respective school districts to register their child with Society Shield through one or various authentication methods.

COOPA

In accordance with state and federal regulations (visit https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule for more information) and consistent with the Children's Online Privacy Protection Act of 1998 ("COPPA"), we will never knowingly request personally identifiable information from anyone under the age of 13 without first requesting parental consent. In addition, our Society Shield APP and other services are only intended for use by people over the age of 13. By using our Services, you are representing to us that you're over 13 years of age, or have been granted approved access to our Services by your school or parents.

HIPPA

In accordance with state and federal regulations (visit https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html for more information) and consistent with HIPPA compliance put forth by the U.S. Department of Health & Human Services, Society Shield is disclosing to you that we will safeguard any and all medical related information you provide to SHIELD USA INC. and this information will be used for the sole purpose of helping first responders, medics, hospitals and the like to help you securely through, for example, our Society Shield APP. As previously mentioned in this TOS, you acknowledge you can either delete or opt out of this information being made available during an active event. Furthermore, in April of 2019, HHS issued FAQ’s that clarify that once protected health information has been shared with a third-party app, as directed by the individual, the HIPAA-covered entity will not be liable under HIPAA for subsequent use or disclosure of electronic protected health information, provided the app developer is not itself a business associate of a covered entity or other business associate.” In addition, if you are considered a minor outside of the United States, you must have your parent or legal guardian register you and accept out TOS. You must comply with any additional age restrictions that might apply for the use of services provided by SHIELD USA INC.

NO EXPRESSED RELATIONSHIP BEYOND THE TERMS OF SERVICE

Nothing contained in this Agreement shall be construed as creating any affiliation, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

ENFORCABILITY

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. SHIELD USA INC. will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

SERVICE AND APP ACCESS

You may download Society Shield to any device that supports Android and Apple but you will need to use a device that meets the minimum system and compatibility requirements for our APP and services. SHIELD USA INC. makes no representations or warranties as to the functionality of our APP and overall service when your devices do not meet these requirements.

ASSIGNMENT AND SALE

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You ALSO agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit our services or app’s for any commercial purposes any of the Services (or portion thereof) without SHIELD USA INC.'s prior express written consent.

FORCE MAJEURE

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over SHIELD USA INC., or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party. In addition, we reserve the right to express “limitation.” Limitation includes any Service interruption deriving from failure or deficiency of SHIELD USA INC. service, app or program related infrastructure and equipment may not be eligible if caused or associated with such things as but not limited to:

any denial of service attacks orchestrated by third parties on our technological infrastructure;
third-party software failures;
your misrepresentations or use of a “fake profile” or issues arising from errors or omissions made by you;
interruptions caused by you manipulating our source code(s) as the direct result of, for example, custom scripting, coding or interruptions caused by your device or, for example, your cellular provider;
network conditions across the internet (outside of our services), such as between your ISP and our servers during an active event;
device caching or memory issues or lack of memory issues.
outages related to the reliability of certain office, workspace and programming environments.
any and all “other” circumstances beyond our control or that are not reasonably foreseeable.
any and all remedies are at the discretion of SHIELD USA INC., based on our investigation of any issue that is covered by this section.

If SHIELD USA INC. provides a remedy as described above for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with the Society Shield and any other service we offer. By agreeing to these TOS, you explicitly acknowledge to us that SHIELD USA INC. shall not be liable for any consequential or indirect loss or damage, injury or death caused by the failure of the Society Shield APP and other services.

THIRD PARTY DATA WAIVER

In some cases, you may be sent url’s to third party websites or video platforms that are outside of the Society Shield APP or other services provided by SHIELD USA INC. during an active event by, for example, a first responder. In this example, a first responder or medic may send you a You Tube based video showing you how to apply a tourniquet, or aid in a medical related event. You explicitly acknowledge that you will hold harmless SHIELD USA INC. and all related relationships previously mentioned in this TOS for any data received by a first responder that originates OUTSIDE of our APP’s or services.

OPT-OUT POLICY

We give users the option to opt out of:

The option to not register to receive our electronic newsletters or other communication;
The option to not participate in certain events or be alerted during an event.
In addition, you, as a user, will be provided the opportunity to erase all of your medical data or other personal information you provided to SHIELD USA INC. for any of its services such as with the Society Shield APP. You may also, in the future, opt out of providing your information to certain parties during an active event. Until this opt in is available, we suggest you do not leave any information on your account you do not want other party to see or use to help you or others during an active event.

YOUR CONSENT TO DATA SHARING

By using our services, specifically the Society Shield APP, you consent to the collection and use of any and all information sent by you through the app during an active or simulated event. This data is NOT USED and not disseminated to any party not authorized as previously outlined (i.e.: police, location administrator, medic, etc.). This data is collected and used for investigative purposes only and is meant to help speed up the timeline of same said investigations.

YOUR CONSENT FOR REMOTE ACCESS

By using our services, moreover the Society Shield, you acknowledge and agree to allow SHIELD USA to remotely activate and deactivate certain device functions during an active event. Example of remote access would be turning on or off Bluetooth, turning on or off video and camera, restricting third party app use (such as SKYPE) to assure timely communications between users and first responders.

PERSONAL INFORMATION POST ACCOUNT TERMINATION

When Your SHIELD USA INC. account is cancelled (either voluntarily or involuntary through methods previously mentioned in this TOS) all of your personally identifiable information is archived and placed in "deactivated" status within our secure corresponding databases for a period of 12 months in case you decide to reactivate your account. No third party, with any data, shall have access to your data. You will also no longer receive any communications from SHIELD USA INC.

THIRD PARTY FEES

You acknowledge that you are solely responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use of Society Shield and other services provided by SHIELD USA INC.

GOVERNING LAW AND JURISDICTION

Your rights and obligations and all actions contemplated by this TOS shall be governed by the laws of the United States of America and the State of Florida. You agree that any action to enforce this agreement or any matter relating to your use of our services must be brought exclusively in Palm Beach County.

NOTICES

You agree that any notices required to be given under this Agreement by SHIELD USA INC. to you will be deemed to have been given if delivered in accordance with the account or information you actually provided. You acknowledge that it is your SOLE responsibility to maintain current contact information in your account.

FINAL AGREEMENT

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and SHIELD USA INC., and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both SHIELD USA INC. By applying for SHIELD USA INC.’s services or by using SHIELD USA’s services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

CONTACT US

If You have questions or concerns regarding this statement, you can contact SHIELD USA INC. at [email protected].

END OF AGREEMENT


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