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.