Use of the Service
The Application and Service are intended to be used for sharing and dissemination of emergency information for preparedness or during an emergency situation. The Service is intended for use with AtHoc’s emergency notification platform that is licensed to organizations. You must connect your Service account to one or more organizations that support the AtHoc Service, and your affiliation and eligibility must be confirmed by each selected organization, in order for you to receive emergency related information from them (by way of notifications or other types of data) or share information with them (for example, by way of reporting an event or sending a request for help) via the Service. The Service may also include tools to help you connect with your family members, friends and other individuals, to share similar emergency related information with them.
Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferable license to download and install the Application to your mobile device, and to access and use the Service via the Application, solely for your own personal use or for use related to the organizations you connected with. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or the Service; or (iv) use the Application or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Downloading the Application from iTunes, Google Play or Other App Distribution Platforms
The following terms apply to any Application accessed through or downloaded from the Apple App Store, Google Play or other app store or distribution platform where the Application is made available (each a “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and AtHoc, and not with the App Provider, and that AtHoc, not the App Provider, is solely responsible for the Application and content thereof.
- Your use of the Application must also comply with the Terms of Service of the App Provider.
- The App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- With respect to the iOS version of the Application: in the event of any failure of the Application to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Application to you (if applicable), and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AtHoc.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, AtHoc will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Application, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof.
- You must also comply with all applicable third party terms of service when using the Application.
- Nothing in this section will be construed as diminishing the effect of any disclaimer or limitation of AtHoc’s liability under these Terms.
Modifications to Service
The Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Services), possibly without prior notice to you. We may decide to charge users a fee for the use of certain features, although if we do, we will provide you with prior notice before such fees take effect.
Creating an Account
Connecting to Your Organizations
You may connect your Account only to participating organizations with which you have a valid, ongoing relationship, and you authorize us to contact each selected organization to confirm your affiliation and eligibility to make the requested connection. Any disputes regarding your eligibility to connect your Account to a particular organization must be resolved solely between you and that organization.
AtHoc Service Content
As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your Account, which you may not be able to opt-out from receiving.
Third Party Content
The Service enables you to connect your Account to one or more organizations that support the AtHoc Service, so you can receive emergency related information from them (by way of notifications or other types of data) or share information with them (for example, by way of reporting an event or sending request for help). The Service may also include tools to help you connect with your family members, friends and other individuals, to share similar emergency related information with them. Content sent or shared by these organizations or their members or by your family members, friends, or other individuals (“Content”) may include information, images, graphics, videos and other content provided by others and third party services and resources. Except for sharing the Content as permitted through the Service, you may not otherwise modify, edit, copy, reproduce, distribute, create derivative works of, alter, enhance or in any way exploit the Content without the permission of the owner of that Content. The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccurate, incomplete, delayed, unreliable, offensive, or otherwise inappropriate material. We make no representations, warranties, or guarantees in connection with any Content, relating to its quality, suitability, truth, accuracy or completeness. The presence of such Content on our Service does not imply any endorsement by us of such Content. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any Content.
Your Content and Rules of Behavior
You are solely responsible for all content and information that you make post, transmit, upload, or make available through the Application or Service to other organizations or individuals. You will not provide content or information owned by others (or that is subject to others’ rights of publicity or privacy) without their permission, and you agree to indemnify us for any liability arising out of the content or information you provide. By electing to post, transmit, upload or make available any content or information to other organizations or individuals through the Application or Service, you authorize us to use, reproduce, modify, distribute, publicly display, and otherwise exploit that content and information in providing the Service.
You may not post or transmit any content which you know or have reason to believe is false or misleading (including but not limited to any falsified emergency reports or requests for assistance), or which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
You may not post or transmit any content, message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or organizations whose contact details you obtain through the Service are prohibited.
The Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) attempt to disrupt the Service or interfere with any other individual’s or organization’s access to or use of the Service; (iv) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (v) use the Service for any commercial purpose or for the benefit of any third party or in any manner not authorized by these Terms; (vi) violate any applicable law or regulation; or (vii) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You understand and agree that any alerts and information provided to you through the Service may be delayed or prevented by a variety of factors. AtHoc does its best to provide alerts and information in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert or information. You also agree that AtHoc shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert or information; for any errors in the content of an alert or information; or for any actions taken or not taken by you or any third party in reliance on an alert or information.
Our Application and Service are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge that we (or our licensors) exclusively own all right, title and interest in and to the Application and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Application or the Service (“Feedback”) will be the sole and exclusive property of AtHoc and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
If you breach any of the terms of these Terms, or if we believe in our sole discretion that such a breach has occurred or is likely to occur, we have the right to suspend or disable your access to or use of the Application and/or Service, with or without notice to you. In addition, we may terminate your Account in connection with any change or discontinuation of the Service (as permitted in “Modifications to Service,” above), or upon notice to you at any other time.
You understand and agree that the Application and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Application or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICATION AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING UNDER THESE TERMS OR RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that we (you and AtHoc) are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both of us otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless we agree otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents that we each submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “General” section below, if we change this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective” date below or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between us in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us regarding the Services, and supersede and replace any prior agreements between us regarding the Services. We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Effective: May 15, 2012