IncidentSmart Terms of Service
By using the IncidentSmart.com web site ("Service"), or any other Service of IncidentSmart, you are agreeing to be bound by the following terms ad conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICE THROUGH YOU ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
Violation of any of the terms below will result in termination of your Account. While IncidentSmart prohibits such Conduct and Content on the Service, you understand and agree that IncidentSmart cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such material. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must provide your name, a valid email address, and any other information requested to complete the sign-up process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. IncidentSmart cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- You many not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdictions.
- The Service is billed in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial years of service, or refunds for years unused with an open account. In order to treat everyone equally, no exceptions will be made.
Cancellation and Termination
- You are solely responsible for cancelling your account. You can cancel your account at any time by contacting IncidentSmart via phone. Accounts will stay active through the end of your current subscription unless otherwise requested.
- Failure to renew IncidentSmart prior to the end of your current subscription period will result in account cancellation. IncidentSmart will send a renewal reminder in advance of the end of the current subscription period.
- All of your Content will become unavailable following Cancellation or Termination.
- IncidentSmart provides no guarantee that Content will be preserved following Cancellation or Termination. IncidentSmart users have a responsibility to maintain backups of their data. IncidentSmart will make a reasonable effort to provide digital backups of data upon request, given 30 days notice prior to cancellation, or following account termination.
Modifications to the Service and Prices
- In an effort to maintain and upgrade the Service, IncidentSmart reserves the right to at any time and from time to time modify or discontinue, temporarily or permanently, parts of the Service with or without notice.
- Prices of all Services are subject to change at any time. The effects of the pricing change will not affect current subscriptions, but will be effective for all new subscriptions, accounts and renewal of your subscription.
- IncidentSmart shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the service.
Copyright and Content Ownership
- IncidentSmart claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
- IncidentSmart does not pre-screen Content, but IncidentSmart and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend IncidentSmart against any claim, demand, suit or proceeding made or brought against IncidentSmart by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify IncidentSmart for any damages finally awarded against, and for reasonable attorney's fees incurred by, IncidentSmart in connection with any such claim, demand, suit or proceeding; provide, that IncidentSmart (a) promptly give You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You man not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases IncidentSmart of all liability); and (c) provides to You all reasonable assistance, at Your expense.
Feature Requests and Bug Reports
- You agree that by providing IncidentSmart with Feature Requests and Bug Reports ("Idea"), you acknowledge and agree that any such Idea is non-confidential, and that IncidentSmart has no obligation to return anything submitted, respond to, or confirm receipt of your Idea.
- You warrant that no other person or corporation has a property interest in the submitted Idea.
- You understand and acknowledge that IncidentSmart may itself be developing or creating similar Ideas, and/or that IncidentSmart may have received or may someday receive similar Ideas from others, and that existing or planned products and services independently developed without use of your Idea may contain Ideas or concepts similar or identical to those you submit.
- You agree that IncidentSmart shall be free to use any Idea that you submit on a perpetual, royalty-free basis, for any purpose whatsoever, including use, modification, display, and distribution, and/or in the development, manufacture, marketing, and maintenance of IncidentSmart products and services without any obligation to you.
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
- Support for IncidentSmart services is only available in English, via email.
- You understand that IncidentSmart uses third party vendors and hosting to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or IncidentSmart.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by IncidentSmart.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates and party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any IncidentSmart customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- If your bandwidth or storage usage significantly exceeds the average bandwidth usage (as determined solely by IncidentSmart) of other IncidentSmart customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- IncidentSmart does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (ii) 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 Service will be corrected.
- You expressly understand and agree that IncidentSmart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including by not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if IncidentSmart 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; (v) or any other matter relating to the service.
- The failure of IncidentSmart to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and IncidentSmart and govern your use of the Service, superseding any prior agreements between your and IncidentSmart (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under New York State law.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org