Section 1. Definitions
"we" "us" or "our" shall mean AlertSense, Inc. and any current or future successors and/or assigns;
"Alert Sense™" shall refer to the free service offered by AlertSense that allows users to receive automated messages relating to certain emergency events or disasters via e-mail or other medium, including any upgrades, downgrades or modifications as AlertSense may decide to implement in its sole discretion;
"Content" shall mean any text, software, database, format, graphic, photographic and/or written content and/or all other material developed by or on behalf of AlertSense which are on or form part of AlertSense™;
"Intellectual Property Rights" shall mean (i) copyright, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or not); (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world;
"you" or "your" shall mean each individual user of AlertSense™.
Section 2. Access to AlertSense™
2.1 AlertSense™ is provided as a free service to the public by our service provider on behalf of AlertSense.
2.2 By enrolling as a user of AlertSense™, you agree that you will employ its contents solely for your own personal use.
2.3 Except as expressly permitted by applicable law, you may not copy (except to the extent required in order to use AlertSense™ in accordance with the Policy), store in any medium (including in any other web site), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the content of AlertSense™ or systematically extract material from AlertSense™ or any document available through it or in any other way exploit commercially AlertSense™ or any information available through it without our prior written permission.
2.4 Access to AlertSense™ shall be provided to you subject to the Policy. We cannot guarantee that AlertSense™ will operate in accordance with your expectations or will be error-free. If you become aware of any operational problem or error relating information contained in AlertSense™ , you may contact us by submitting a support ticket and we will endeavor to correct it.
2.5 AlertSense™ distributes information that we gather from a variety of sources, both private and public. We have no control over the accuracy of such information or the delivery of such information to us, and do not guarantee the accuracy of any information that is provided to you by AlertSense™ .
2.6 Certain governmental agencies or quasi-governmental agencies have direct access to AlertSense™ and the capability to provide information to you. Anyone who has the proper credentials and access codes provided to the agencies by us may access AlertSense™ and disseminate messages on the system to you. We have no control over the information transmitted by such agencies or whether they will use AlertSense™ for its intended purpose. Certain employees may not have learned the protocols for the AlertSense™ system and therefore information could be improperly disseminated to you or not disseminated at all.
2.7 AlertSense™ will endeavor to transmit information it receives to you by the medium you have chosen (for example, by e-mail or a cell phone text message). However, we use the internet to transmit such information to cell phone service providers and e-mail hosts and have no control over whether such providers or hosts will complete the transmission of the information in a timely fashion or at all. We have no control over whether a provider will elect to block the transmission of high volumes of text messages or e-mail deliveries or whether the providers or hosts or servers in your area will be capable of processing the volume of messages that we transmit to you and other individuals in your area. In addition, the servers we use to transmit information could fail or be taken off-line so that we are unable to complete transmissions of data. Therefore, we cannot and do not guarantee that you will receive information from AlertSense™ in a timely fashion or at all.
2.8 You are responsible for all telecommunications charges relating to your use of AlertSense™ , including but not limited to any charges for pages or text messages that are sent to you by AlertSense™ . We are not responsible if the contact information you have provided us is incorrect or if the information from AlertSense™ does not reach you due to your communication device being turned off or out of coverage range or cell tower range.
2.9 We reserve the right to update, modify, restrict access to or close the AlertSense™ service at any time without notice or cause.
Section 3. Intellectual Property Rights
As between us and you, we (or our suppliers) own all Intellectual Property Rights in AlertSense™ and you do not acquire, by virtue of your use of AlertSense™ and your acceptance of the Policy, any right, title or interest in any of them. If third-party software is required in order for you to use AlertSense™ , you will obtain the license to use such software at your expense.
Section 4. No Warranties
No representation, warranty or condition, express or implied, statutory or otherwise, as to condition, satisfactory quality, performance, fitness for purpose or otherwise is given by us in respect of AlertSense™ and all such representations, warranties and conditions are excluded except to the extent that their exclusion is prohibited by law.
Section 5. Limitations and Exclusions of our Liability
5.1 Subject to Section 5.5, our liability to you under or in connection with the AlertSense™ service, whether arising from negligence, breach of contract or otherwise shall be to take such actions as are reasonably required at our sole and exclusive discretion in order to either remove or delete data transmitted in error, or correct data transmitted to you in error.
5.2 We will not be liable to you for any loss of profits, business or data or for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise regardless of whether it was foreseeable or not.
5.3 We will not be liable to you for any direct or indirect, special, incidental or consequential losses or damages arising out of the use or misuse of any aspect of AlertSense™ .
5.4 We will not be liable for any damage or loss that may be caused to any equipment or software due to any virus, defect or malfunction in connection with the access or use of AlertSense™ .
5.5 Nothing in the Policy excludes or limits our liability for an event arising from our negligence or that of our agents or subcontractors or for any other matter in respect of which it would be unlawful or in breach of regulation to limit or exclude liability.
Section 6. General Provisions
6.1 We reserve the right to vary or amend the Policy from time to time. We will notify you of any such amendment by posting the relevant amendment to the AlertSense, Inc. web site. Any changes shall take effect as of the time and date the amendment is posted on the AlertSense, Inc. web site.
6.2 Our rights under the Policy may be exercised as often as necessary; are cumulative and not exclusive of rights or remedies provided by law; and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any such right is not a waiver of that right.
6.3 If a provision of the Policy is or becomes illegal, invalid or unenforceable in any jurisdiction that will not affect: the legality, validity or enforceability in that jurisdiction of any other provision of the Policy; or the legality, validity or enforceability in other jurisdictions of that or any other provision of the Policy.
6.4 A person who is not a party to the Policy may not enforce any of the terms under any applicable law or jurisdiction.
6.5 A waiver (whether express or implied) by either AlertSense, Inc. or you of any of the provisions of the Policy or of any breach of or default by the other of us in performing any of the provisions of the Policy will not constitute a continuing waiver and that waiver will not prevent the waiving party from subsequently enforcing any of the provisions of the Policy not waived or from acting on any subsequent breach of or default by the other party under any of the provisions of the Policy.
Section 7. Governing Law
The Policy in its entirety shall be governed by and interpreted in accordance with applicable United States federal law and the laws of the State of Idaho, and you and we agree to submit irrevocably to the exclusive jurisdiction and venue of the United States federal and Idaho State courts in connection with any dispute or claim arising under the Policy.
Section 8. Policy Effective Date
The Policy is effective as of June 1, 2007 and revised on June 1, 2014. The reproduction or retransmission of the contents of the AlertSense, Inc. web site without the prior written consent of AlertSense, Inc. is prohibited. The host servers for the AlertSense, Inc. web site are located in Denver, Colorado and Ashburn, Virginia.