Consumer Terms of Service

Last Modified: August 7, 2017

Acceptance of the Terms

    This agreement is entered into by and between You and EmergencMe, LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of http://www.emergenc.me (the “Website”), our EmergencMe software and any updates thereto (our “Software”), and any functionality and services offered on or through our Website or Software (collectively, “Services”) whether as a guest or a registered user.

    Please read the Terms carefully before you start to use the Website. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms including our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms, you must not access or use the Website.

    The Services are offered and available to users who are 18 years of age or older, and reside in the United States. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

SERVICES ARE NOT INTENDED TO BE USED IN THE EVENT OF AN EMERGENCY.  THERE IS NO GUARANTEE EMERGENCY SERVICE PROVIDERS WILL SEE OR RESPOND TO COMMUNICATIONS POSTED ON OR THROUGH OUR SERVICES. IN THE EVENT OF AN EMERGENCY, CALL 911.  YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK.

Changes to the Terms  

    We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them on the Website or otherwise make them available through our Services, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in the section on Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted.

    Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Website from time to time so you are aware of any changes, as they are binding on you.

Software

    So long as you comply with these Terms, and subject to any limitations or restrictions in these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to download and use the Software, solely to access the Services. You may not copy, modify or reproduce any part of the Software, nor may you reverse engineer or attempt to extract the source code of the Software.  You may not distribute, sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the Software or your license to use the Software. Your use of the Software does not give you of any intellectual property rights in the Software.

Accessing the Services and Account Security

    We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services to users, including registered users.

    You are responsible for:

    To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on through the Services is correct, current and complete. You agree that all information you provide to register with us, for the Services, or otherwise, including but not limited to through the use of any interactive features in the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Servicesor portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or internet connection so that others are not able to view or record your password or other personal information.

    We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights  

    The Services and their contents, features and functionality, including but not limited to all information, including but not limited to personal information (as that term is defined in the Privacy Policy), software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or available through our Services, except as follows:

    You must not:

    You must not access or use for any commercial purposes any part of the Services or any materials accessible through the Services.

    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content accessible through the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks  

    The Company name, the terms EMERGENCME, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses  

    You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

    Additionally, you agree not to:

User Contributions  

    The Services may allow you to communicate with third-parties, including law enforcement and emergency services providers (“Emergency Service Providers”), and other interactive features (collectively, “Interactive Services”) that allow users to submit, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

    All User Contributions must comply with the Content Standards set out in these Terms.

    Any User Contribution you submit on or through the Services will be considered non-confidential and non-proprietary. By providing any User Contribution through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and Emergency Service Providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

    You represent and warrant that:

    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

     We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination  

    We have the right to:

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    However, we do not undertake to review material before it is posted on or through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards  

    These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Copyright Infringement  

    If you believe that any User Contributions violate your copyright, please contact us at support@emergenc.me. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted  

    The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

    The Services include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Services  

    We may update the content available on or through the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Use of the Services  

    All information we collect on or through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features  

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

    The Services may provide certain social media features that enable you to:

    You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services  

    If the Services contain or provide links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked on or through the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions  

    The owner of the Services is based in the state of Missouri in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Service Outages

    We will use commercially reasonable efforts to make the Services available.  However, we makes no guarantee of uninterrupted use or operation of the Services.  We may temporarily or permanently suspend the Services, in whole or in part, where required by law, in the case of security violations or threats, for service improvements, maintenance or repair, or for any other reason deemed necessary or desirable by us or beyond our control.

    You acknowledge and understand that some or all of the Services may not function in the event of power failure or internet outage, including failures or outages suffered by the Company, You, or Emergency Service Providers. Should there be an interruption in the power supply or internet outage, the Services may not function until power or internet service is restored. You acknowledge that Company or any of its service providers or third-parties, including Emergency Service Providers, are not responsible for any service outage related to the loss of electrical power, internet connectivity, or any failures resulting from local or national disasters.  You acknowledge and understand that the Disclaimer of Warranties and Limitation on Liability described below apply to any such power failures or internet outages, including but not limited to any liability for injuries suffered by You and/or Emergency Service Providers.

Disclaimer of Warranties  

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability  

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

YOU ACKNOWLEDGE AND UNDERSTAND THAT THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY INJURIES RELATED TO (I) ANY POWER FAILURE OR INTERNET OUTAGE AND ANY RESULTING FAILURE TO RESPOND BY ANY EMERGENCY SERVICE PROVIDER OR (II) ANY CLAIM OF INJURY RELATED TO ANY EMERGENCY SERVICE PROVIDER RESPONDING TO ANY ALERT OR REQUEST FOR SERVICE. 

YOU ACKNOWLEDGE AND UNDERSTAND THAT EMERGENCY SERVICE PROVIDERS MAY NOT RESPOND AND/OR TIMELY RESPOND TO ANY ALERT OR REQUEST FOR SERVICE AND THIS LIMITATION OF LIABILITY INCLUDES ANY CLAIM RELATED TO ANY FAILURE OR NEGLIGENCE ON THE PART OF EMERGENCY SERVICE PROVIDERS.

YOU ACKNOWLEDGE AND UNDERSTAND THAT USERS THAT THIS LIMITATION OF LIABILITY ALSO INCLUDES ANY CLAIM BY ANY EMERGENCY SERVICE PROVIDER RELATED TO ANY ALERT OR REQUEST FOR SERVICE, INCLUDING FALSE OR FRAUDULENT ALERTS OR REQUESTS, MADE BY ANY CUSTOMER.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification  

    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from or through the Services.

Governing Law and Jurisdiction  

    All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

    Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of Greene County, Missouri. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims  

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability  

    No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

    If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement  

    The Terms, including our Privacy Policy, constitute the sole and entire agreement between you and Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments and Concerns  

    This website is operated by EmergencMe, LLC.

    All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@emergenc.me.