IMPORTANT - READ CAREFULLY: The Emergency Reporting request form (the "Service") is owned and operated by Reporting Systems, Inc, ("RSI"), a Washington State corporation, and is provided to you ("You") under the terms and conditions of these Reporting Systems, Inc. Terms of Service ("Terms"), which include Reporting Systems, Inc.'s Privacy Policy and Registration Form, available through the hyperlinks set forth below and incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.
1. DESCRIPTION OF SERVICE
The Service provided by RSI allows You remote access to Your computer as determined and designated by You.
2. REGISTRATION
To use the Service, You must submit a complete RSI Emergency Reporting registration form, which is available at https://www.Emergency Reporting.com (the "Registration Form"), on Your behalf. As part of the registration process for the Service, You agree to: (1) provide certain limited information about You as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If RSI discovers that any of Your Registration Data is inaccurate, incomplete or not current, RSI may terminate Your right to access and receive the Service immediately upon notice. RSI will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. RSI may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. RSI reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. RSI need not provide a reason for its rejection. If RSI rejects Your application, then You may reapply and RSI will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to RSI, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with RSI and will become a subscriber to the Emergency Reporting Service.
3. SERVICES
4. USER CONDUCT AND PROPRIETARY RIGHTS
5. PRIVACY
RSI will not sell or rent Your personally identifiable information to anyone unless You expressly consent to disclosures of Your personal identification and other personal information to third parties. We may send personally identifiable information about You to third parties when: a) We have Your consent to share the information or b) We find that Your actions on our Web site violate this Terms of Service or c) We respond to subpoenas, court orders or legal processes which require us to disclose Registration Data or any information about You to law enforcement or other government officials as RSI, in its sole discretion, believes necessary or appropriate. More information on RSI's current privacy policy for Emergency Reporting can be found at https://www.Emergency Reporting.com.
6. MODIFICATIONS
RSI may amend these Terms at any time by (i) posting a revised Terms of Service document on https://www.Emergency Reporting.com and/or (ii) sending information regarding the Terms amendment to the email address You provide to RSI. You are responsible for regularly reviewing the https://www.EmergencyReporting.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, RSI reserves the right to modify or discontinue the Service with or without notice to You. RSI shall not be liable to You or any third party should RSI exercise its right to modify or discontinue the Service.
7. PASSWORDS AND SECURITY
As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to this account and to Your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify RSI of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.
8. TERMINATION
RSI may immediately terminate Your membership and right to use the Service if (a) You breach these Terms; (b) RSI is unable to verify or authenticate any information You provide to RSI; (c) such information is inaccurate; or (d) RSI decides, in its sole discretion, to discontinue offering the Service. RSI shall not be liable to You or any third party for termination of the Service. You may terminate Your Account and end Your use of the Service at any time, for any reason or for no reason. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page. Upon termination of Your account, You shall remain liable for all fees incurred or accrued by You and any fees you may have paid in advance are nonrefundable. Upon expiration or termination for any reason, You are no longer authorized to use the Service or Software. When this Agreement is terminated and/or Your Account is canceled, You will no longer have access to data and other material You have stored on the Site and that material may be deleted by RSI.
9. MAINTENANCE AND UPDATES
You understand that RSI may update the Software at any time, but is under no obligation to inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation. To the extent that RSI supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless RSI indicates otherwise. RSI reserves the right to charge fees for any future versions of, or updates to, this Software.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. RSI 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. RSI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES RSI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN 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 SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RSI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL RSI OR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF RSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RSI'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNITY
You hereby agree, at Your expense, to indemnify, defend and hold RSI harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against RSI arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
13. GENERAL TERMS
These Terms are governed in all respects by the laws of the State of
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service.