Note: This document does not constitute legal advice. For questions specific to your situation, consult a licensed California attorney.
1. Acceptance of Terms
By accessing our website at sdsecurityguards.com, submitting an inquiry, signing a service agreement, or engaging any services provided by MT Security & Investigations ("Company," "we," "us," or "our"), you ("Client") agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our website or services. These Terms constitute a legally binding agreement between you and MT Security & Investigations.
2. Services Provided
MT Security & Investigations provides the following professional services in San Diego County, California:
- Licensed security guard services (armed and unarmed)
- Private investigation services
- Asset protection and foreclosed property security
- HOA and residential community security
- Event security services
- Corporate and commercial security consulting
All services are subject to these Terms and any additional written service agreement between the parties. In the event of a conflict, the written service agreement controls.
3. Licensing and Compliance
MT Security & Investigations holds all licenses required by the State of California for the provision of security guard and private investigation services, including a California Bureau of Security and Investigative Services (BSIS) PPO license for security services and a California PI license for investigation services. All security officers deployed by the Company hold valid California BSIS guard cards. We maintain compliance with all applicable provisions of the California Business and Professions Code, including Sections 7520–7539.2 (Private Investigators) and Sections 7580–7599.8 (Security Guard Firms).
4. No Guarantee of Results
This is a critical limitation you must understand before engaging our services.
4.1 Security Services
Security guard services and related protective measures are intended to deter, detect, and respond to security threats. However, the Company does not and cannot guarantee the prevention of all criminal activity, theft, vandalism, trespass, assault, property damage, or personal injury at any protected location. The presence of security personnel reduces risk but does not eliminate it. Crime and security incidents can and do occur even in the presence of professional security personnel.
4.2 Investigation Services
Private investigation services are performed using professional methodology, publicly available information, and lawful surveillance techniques. The Company does not guarantee specific investigation outcomes, the discovery of particular facts, the admissibility of evidence in any legal proceeding, or that findings will support any particular legal theory or claim. Investigation results reflect what was observed and documented during the engagement period and are not warranted to represent a complete or perpetual account of the subject's activities.
4.3 No Warranty
All services are provided "as is" without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW:
5.1 Cap on Damages
The Company's total cumulative liability to Client for any and all claims arising from or related to services provided — whether based on contract, tort (including negligence), strict liability, or any other legal theory — shall not exceed the total fees actually paid by Client to the Company during the three (3) month period immediately preceding the event giving rise to the claim.
5.2 Exclusion of Consequential Damages
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF REPUTATION, OR EMOTIONAL DISTRESS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 Third-Party Claims
The Company shall not be liable for any claims, damages, or losses arising from the acts or omissions of Client, Client's agents, employees, guests, or invitees, or from pre-existing conditions at any service location.
5.4 Force Majeure
The Company shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, government orders, civil unrest, labor disputes, or failure of third-party systems.
6. Client Indemnification
Client agrees to defend, indemnify, and hold harmless MT Security & Investigations, its officers, employees, agents, and contractors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- (a) Client's use or misuse of investigation results or security reports;
- (b) Client's provision of false, incomplete, or misleading information to the Company;
- (c) Client's direction to perform any service in a manner that violates applicable law;
- (d) Any claim by a third party arising from Client's own negligence or intentional misconduct;
- (e) Client's violation of these Terms or any applicable law.
7. Private Investigation — Client Obligations and Lawful Use
7.1 Lawful Purpose
Client warrants and represents that the investigation services requested are for a lawful purpose. Client agrees not to use investigation services to harass, stalk, intimidate, or harm any individual; to obtain information in violation of any applicable privacy law; or for any purpose prohibited by California or federal law.
7.2 Authority
Where Client requests surveillance of an individual in a location where a reasonable expectation of privacy exists (e.g., within a private residence), Client warrants that they have the legal authority to authorize such surveillance (for example, as a property owner monitoring their own premises, or as an employer monitoring company property with proper notice).
7.3 Use of Results
Client is solely responsible for how they use, share, or act upon information and findings provided by the Company. The Company is not responsible for any consequences, legal or otherwise, arising from Client's use of investigation results.
7.4 Legal Proceedings
Investigation findings are provided for Client's use and should be reviewed by Client's attorney before use in any legal proceeding. The Company does not provide legal advice. Whether investigation findings are admissible as evidence in any proceeding is a legal determination for Client's attorney and the applicable court.
8. California Surveillance Law Compliance
MT Security & Investigations conducts all surveillance activities in compliance with California law, including the California Invasion of Privacy Act (Penal Code §630 et seq.). All surveillance is conducted in locations where there is no reasonable expectation of privacy, or pursuant to lawful authority. The Company does not intercept private communications, conduct illegal wiretapping, or perform any surveillance activity that violates California or federal law. Any request that would require unlawful surveillance will be declined.
9. Security Services — Site Conditions and Access
9.1 Accurate Information
Client shall provide accurate, complete, and current information about the service location, known hazards, access requirements, and security concerns. The Company's ability to provide effective security is dependent on the accuracy of information provided by Client.
9.2 Safe Working Conditions
Client shall ensure that service locations are reasonably safe for Company personnel. The Company reserves the right to withdraw personnel from any location that poses an unreasonable risk to officer safety.
9.3 Pre-Existing Conditions
The Company is not responsible for security incidents arising from pre-existing vulnerabilities, structural deficiencies, or conditions at the service location that were not disclosed to the Company before the commencement of services.
10. Payment Terms
Payment terms are as specified in the applicable service agreement or invoice. Invoices are due within the timeframe stated in the agreement. Late payments are subject to a 1.5% monthly finance charge. Client is responsible for all costs of collection, including reasonable attorneys' fees, in the event of non-payment.
11. Termination
Either party may terminate services with written notice as specified in the applicable service agreement. The Company reserves the right to immediately terminate services without notice if Client requests unlawful activity, creates unsafe conditions for Company personnel, or materially breaches these Terms.
12. Dispute Resolution
12.1 Good Faith Negotiation
In the event of a dispute arising from these Terms or any service engagement, the parties agree to first attempt resolution through good faith negotiation. Either party may initiate this process by providing written notice to the other party describing the dispute.
12.2 Mediation
If good faith negotiation fails to resolve the dispute within 30 days, the parties agree to submit the dispute to non-binding mediation through a mutually agreed mediator in San Diego County, California before initiating arbitration or litigation.
12.3 Binding Arbitration
If mediation is unsuccessful, any remaining dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the arbitration conducted in San Diego County, California. The arbitrator's decision shall be final and may be entered as a judgment in any court of competent jurisdiction.
12.4 Class Action Waiver
All disputes shall be resolved on an individual basis. Neither Client nor the Company may bring claims as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
12.5 Governing Law
These Terms and all service agreements shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Diego County, California.
13. Statute of Limitations
Any claim or cause of action arising from or related to services provided by the Company must be filed within one (1) year of the date on which the claim or cause of action first arose, regardless of any longer period permitted by applicable law. Claims not filed within this period are permanently barred.
14. Entire Agreement / Severability
These Terms, together with any written service agreement signed by both parties, constitute the entire agreement between Client and the Company with respect to the subject matter hereof, superseding all prior negotiations, representations, or agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
15. Modification of Terms
The Company reserves the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Continued use of our website or services after any modification constitutes acceptance of the updated Terms.
16. Contact
For questions about these Terms, contact:
MT Security & Investigations
123 Worthington St #201, Spring Valley, CA 91977
Phone: (619) 765-2222 | Email: info@sdsecurityguards.com