1. ACCEPTANCE OF TERMS
Welcome
to SoremiAlert ("the Service"). SoremiAlert Corporation (hereafter known as "Provider")
provides this service to you subject to the following Terms of Service ("TOS"),
which we may update from time to time without notice to you. In addition, when
using particular alert system services from the Provider, you shall be subject
to any guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated by reference
into the TOS.
2. DESCRIPTION OF SERVICE
The Service provides emergency notification by SMS and email to emergency
contacts stored online. Members have the option to store additional emergency
information such as medical history and insurance details for public access in
the event of an emergency.
The Service currently provides users with the
ability to send and receive e-mail and/or mobile device text messages generated
by Provider systems. You understand and agree that the Service is provided "AS-IS"
and that Provider assumes no responsibility for the timeliness, deletion, miss-delivery
or failure to store any user communications or personalization settings.
In
order to use the Service, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem or other access device. You must also have a useable e-mail address
or own a mobile device and have invoked its ability to receive text messaging.
Provider is not responsible for your text messaging costs. You agree to pay all
text messaging costs associated with this service.
3.
YOUR REGISTRATION AND MEMBERSHIP OBLIGATIONS
In consideration
of your use of the Service, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data"). If you provide any information
that is untrue, inaccurate, not current or incomplete, or Provider has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Provider has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof). Provider
is concerned about the safety and privacy of all its users. Moreover, we support
safe driving policies and request that you only use the Service when you are not
driving a vehicle.
4. PRIVACY POLICY
Registration
Data and certain other information about you is subject to our Privacy Policy.
For more information, see our full privacy policy on this Website.
5.
MEMBER CONDUCT
You agree to not use the Service to:
a.
register any user that does not have your express permission;
b. harm minors
in any way;
c. impersonate any person or entity, including, but not limited
to, a Provider official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or
otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
e. interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
f.
intentionally or unintentionally violate any applicable local, state, national
or international law and any regulations having the force of law;
g. "stalk"
or otherwise harass another; or
h. collect or store personal data about other
users.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United Kingdom or the country in which you
reside.
7. INDEMNITY
You agree
to indemnify and hold Provider and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or make available through the Service,
your use of the Service, your connection to the Service, your violation of the
TOS, or your violation of any rights of another.
8.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
9.
GENERAL PRACTICES REGARDING SERVICE
You agree that Provider
has no responsibility or liability for the deletion or failure to send, receive
or store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that the Service reserves the right
to log off accounts that are inactive for an extended period of time or show signs
of abuse as determined by Provider. You acknowledge that you may only rebroadcast
a message sent through the Service in its exact, unmodified form and in its entirety.
Provider reserves the right to prohibit the rebroadcast of any message. If Provider
exercises this right, you may not rebroadcast any portion of such message. You
further acknowledge that Provider reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
10.
MODIFICATIONS TO SERVICE
Provider reserves the right at any
time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that Provider shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
11. TERMINATION
You
agree that Provider, in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Service, and remove and discard any Content
within the Service, for any reason, including, without limitation, for lack of
use or if Provider believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. Provider may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and acknowledge and
agree that Provider may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that Provider shall not be liable
to you or any third-party for any termination of your access to the Service.
12.
DEALINGS WITH ADVERTISERS
Currently, the Service has no advertising.
In the event that it works with advertisers, your correspondence or business dealings
with, or participation in promotions of advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Provider shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
13. LINKS
The Service may provide,
or third parties may provide, links to other World Wide Web sites or resources.
Because Provider has no control over such sites and resources, you acknowledge
and agree that Provider is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that that Provider shall
not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
14. PROVIDER PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by Provider or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
15. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A.YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B.PROVIDER
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
C.ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D.NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18.
NOTICE
Notices to you may be made via email. The Service may
also provide notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
19.
TRADEMARK INFORMATION
Provider and its respective logos, trademarks
and service marks, are trademarks of Provider. Without the prior permission of
Provider, you agree not to display or use these marks in any manner.
20.
GENERAL INFORMATION
The TOS constitutes the entire agreement
between you, and Provider, and governs your use of the Service, superceding any
prior agreements between you and Provider. You also may be subject to additional
terms and conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between you and
Provider shall be governed by the laws of Seychelles without regard to
its conflict of law provisions. You, and Provider agree to submit to the personal
and exclusive jurisdiction of the courts located within Seychelles. The
failure of Provider to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain in full
force and effect. 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 Service or
the TOS must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
21.
VIOLATIONS
Please report any violations of the TOS to Provider.