Welcome to the CONTACT911 ("C911") web site (the "Web Site"). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions (the "Terms"). If you do not agree with these Terms, please do not use this Web Site


USER AGREEMENT  By testing, registering, subscribing or using the CONTACT911("C911") systems and services (the "Service"), you and your organization/corporation agree to be bound by all of the terms and conditions set forth herein.

 

TERMS OF USE   Your use of the Service is subject to the terms and conditions of this User Agreement ("Terms of Use"). By agreeing to these Terms of Use and subscribing to the Service, you may notify and communicate with the individuals you designate ("Your Contacts"). C911 reserves the right to modify the terms and conditions of this User Agreement, and any such modification(s) are effective immediately upon being posted on the C911 web site. You are responsible for reviewing these Terms of Use regularly and your continued use of the C911 Service shall be deemed to be your acceptance of all Terms of Use and any modifications thereto.

PROPRIETARY RIGHTS. You acknowledge and agree that the C911 Service and any related software or technology is owned by C911. You shall not modify, reverse engineer, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any part of the C911 Service. C911, the C911 logo and other C911 logos, product and service names are trademarks, service marks or other intellectual property of C911 (the " C911 Marks") and you agree not to display or use the C911 Marks in any manner without the prior written permission of C911. With your written or verbal consent, [C911 shall have the right to refer to you in any marketing, advertising, press releases or public statements including generic press releases and/or generic web site references.]

REGISTRATION INFORMATION. You agree to provide C911 with accurate and complete information when subscribing to the C911 Service, and to update and maintain such information. You shall be solely responsible for identifying and providing C911 with Your Contacts and all related information. C911 has the right to suspend, restrict or terminate your use of the C911 Service if, in its sole discretion, C911 believes that you have failed to provide complete and accurate information.

UNLAWFUL OR PROHIBITED CONDUCT. You agree and warrant to C911 that you will not use the C911 Service for any purpose that is unlawful or prohibited by this User Agreement. Specifically, you represent and warrant to C911 that you shall not:

violate any applicable laws or regulations in connection with your use of the C911 Service, including but not limited to laws relating to surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, any duplicative or unsolicited messages (commercial or otherwise), or applicable international export, privacy laws, or other laws regarding the transfer and/or transmission of data;

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

Publish, post, upload, distribute, or disseminate any (i) inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information; or (ii) topic, name, material or information that incites discrimination, hate, or violence towards one person or a group because of their belonging to a race, a religion, or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes;

Upload files, programs, or devices that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, trap or back door, or any other similar software or programs that may damage, delete, disable, or otherwise harm the operation of another's computer, software, data, system or property of another;

Damage, impair, disable, or overburden the Service, interfere with C911 's rights, interfere with any other subscriber or customer's use and enjoyment of the Services, or otherwise infringe on any person's rights, whether through the sending of spam or otherwise;

Impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with C911, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message; and

Collect or store information about the Service, other customers, or other customers' contact list information, including contact information without consent.

YOUR CONTENT. C911 does not guarantee the accuracy, integrity, quality, or appropriateness of Your Contacts, or any messages, communications, information, data, text, or other materials ("Content"), whether publicly posted or privately transmitted by you through the Service. You acknowledge that the Service simply acts as a passive conduit for the distribution and transmission of information and that C911 has no obligation to screen, preview, or monitor such Content. You agree that you are solely responsible for evaluating the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the Service, including Content that may be offensive, indecent, or objectionable. Under no circumstances will C911 be liable in any way for Content sent, accessed, posted, or otherwise transmitted via the C911 Service.

NO SPAM. C911 will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to C911 (and its customer base) by damaging the C911 brand name and reputation, its customers and Service Providers. Because these damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay C911 liquidated damages for each piece of spam or unsolicited message transmitted from or otherwise connected with your phone number or account, otherwise you agree to pay C911's actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL PRACTICES. You acknowledge and agree that C911 may establish general practices and limits, which may not be published, concerning the use of the C911 Service, including without limitation the maximum time that messages will be retained, the number of messages that may be sent, the length of message sent and the number of times and duration for which you may access the Service. You also acknowledge that C911 reserves the right at any time to limit access to, modify, change or discontinue the C911 Service, or any part thereof, with or without notice. You agree that C911 shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the C911 Service and any change in practices or modification to the Service is subject to this User Agreement and all the terms and conditions contained herein.

MAINTENANCE. C911 reserves regularly scheduled maintenance windows in order to maintain and upgrade C911's infrastructure. Regularly scheduled maintenance may occur between 1 AM and 6 AM Eastern Standard Time. C911 reserves the right to provide urgent maintenance or upgrades outside these regularly scheduled maintenance windows.

SERVICE DISCLAIMER; CRITICAL APPLICATIONS. C911 does not make any warranty or representation regarding the Service; and you agree that you shall not hold C911 responsible for, or liable for your inability to use the Service for any reason whatsoever. You agree that C911 and the Service Providers shall have no responsibility, obligation or liability for any consequences resulting from any failure in transmission or communications, whether such consequences include death, illness, personal injury, or exacerbation or deterioration of any emergency or routine situation or event, and that you shall not hold C911 liable for any acts or omissions of the Service Providers.

You acknowledge and agree that the Services are not designated, intended, authorized, or warranted to be suitable for hosting life-support applications or other critical applications where the failure or potential failure of the Service can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support systems, and delays in getting medical care or other emergency services. You acknowledge and agree that use of the Service to support such applications is fully at your own risk and that you assume all risk arising out of such use.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless C911, its officers, directors, owners, employees, agents, service providers, vendors, or customers from and against all actions, suits, losses, liabilities, claims, expenses, damages, and costs of every kind and description including, but not limited to, reasonable attorneys' fees, arising out of or in connection with your use of the Service and any breach of these Terms of Use. You agree and C911 reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIABILITY DISCLAIMER. THE C911 SERVICE IS PROVIDED "AS IS." NEITHER C911 NOR ANY THIRD PARTY VENDORS, TELECOMMUNICATION OR OTHER SERVICE PROVIDERS MAKES ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, QUALITY OF INFORMATION, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE OR NON-INFRINGEMENT, REGARDING THE SERVICE OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, NEITHER C911 NOR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR GUARANTY AS TO THE SEQUENCE, ACCURACY, ADEQUACY, TIMELINESS OR COMPLETENESS OF THE SERVICE OR ANY INFORMATION FURNISHED HEREUNDER OR THAT ANY SUCH INFORMATION OR DATA DISSEMINATED MAY BE RELIED UPON FOR ANY PURPOSES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF C911, ITS AFFILIATES, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AND EMPLOYEES FOR ANY DAMAGES INCURRED BY SUBSCRIBER EXCEED THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE TIME AT WHICH THE DAMAGES AROSE, REGARDLESS OF THE FORM OF ACTION.

DAMAGES EXCLUSION. YOU EXPRESSLY AGREE THAT C911 (AND ITS SERVICE PROVIDERS OR ANY OTHER THIRD PARTY) SHALL NOT BE LIABLE FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM (i) ANY USE OR INABILITY TO USE OR ACCESS THE SERVICE; (ii) ANY TERMINATION OF THIS AGREEMENT OR THE SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; AND (iv) ANY OTHER MATTER RELATING TO THE C911 SERVICE, WHETHER ANY SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT FORESEEABLE, EVEN IF C911 HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

OTHER LIMITATIONS. Under no circumstances shall any other person or entity besides you be considered a third party beneficiary of this Agreement or otherwise be entitled to any rights under this Agreement. You shall have no rights or remedies against C911 except as specifically provided under this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the C911 Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

CHOICE OF LAW. The User Agreement and the relationship between you and C911 shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. The User Agreement governs your use of the C911 Service and constitutes the entire agreement between you and C911.

SECURITY. To prevent unauthorized access, maintain data accuracy, and ensure the use of information, C911 has put in place reasonable physical and electronic procedures to protect the information C911 collects in order to support the Service. You acknowledge that the portion of the locations (of C911 or its service providers) through which content will pass and the servers on which content will be stored will not be segregated or in a separate physical location from servers on which C911's or its service providers' other customers content is or will be transmitted or stored.

EMAIL NOTIFICATION. You agree that C911 may communicate any notices to you, including notices of changes to the User Agreement, through e-mail, regular mail or by posting of those notices on the web site or through the C911 Service.

CONFIDENTIALITY OF SUBSCRIBER DATA. C911 will not intentionally disclose any confidential Subscriber information (including but not limited to Contact Lists containing personnel information), to any third party (other than government and law enforcement officials when it is required by law (e.g., in compliance with a subpoena or court order) or if C911 believes in good faith that such action is appropriate and necessary to protect and defend the rights of C911, or to protect the safety of C911 users and the general public, including lists, contacts, phone numbers, text messaging devices, etc. transmitted or disclosed by Subscriber to C911 within the course of an Agreement period. To prevent unauthorized access and maintain data accuracy, C911 has in place industry standard physical and electronic procedures to protect the information we collect in order to support the Service. C911 will never sell, lease, barter or share any identifiable (names, addresses, and contact device identifiers) information from any account and safeguards the privacy of each or every Subscriber.

NON-DISCLOSURE OF SUBSCRIBER COMMUNICATIONS. C911 will not use or disclose any of the communications Subscriber sends through C911 or other information Subscriber provides to C911 including but not limited to the names and other contact information of the senders or recipients of those communications, and will limit such use or disclosure even within C911's own organization, except as necessary to perform the Service.

GENERAL USE PROVISIONS  All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by C911 or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of C911 and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of C911 or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without C911's prior express written permission.


Except where expressly provided otherwise by C911, nothing on this Web Site shall be construed to confer any license under any of C911's or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by C911. C911 does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by C911.

 

C911 hereby grants you permission to display, copy, distribute and download C911's Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

LINKS TO THIRD PARTY SITES  This Web site may contain links to web sites controlled by parties other than C911. C911 is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. C911 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by C911 of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

 

THIRD PARTY PUBLICATIONS  C911  has not co-authored, ratified, endorsed or adopted the information contained in any publications referenced on this web site by publishing it herein.

 

SUBMISSIONS   Except where expressly provided otherwise by C911, all comments, feedback, information or materials submitted to C911 through or in association with this Web Site ("Submissions") shall be considered non-confidential and C911’s property. By providing such Submissions to C911, you agree to assign to C911, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. C911 shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not C911, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

 

DISCLAIMER   EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY C911, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND C911 HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. C911 MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

 

LOCAL LAWS; EXPORT CONTROL   C911 controls and operates this Web Site from its headquarters and various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from C911, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

 

GENERAL   This Web Site may include inaccuracies or typographical errors. C911 and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. C911 may periodically make changes to the Web Site.  These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. C911 has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by C911.