Current member supportThese End User Terms of Use (“Terms of Use” or “Terms”) govern your use of Emergency Services Marketing Corp., Inc. d/b/a IamResponding (“IamResponding”) and its affiliates (collectively “us”, “we”, or “our”) products, services, websites, and resources identified in Master Services Agreement, Subscription Order Form, or otherwise provided to you by IamResponding (the “Services”).
USE OF THE SERVICES IS SUBJECT TO THE TERMS SET FORTH BELOW. BY USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
1. LICENSE GRANT. Subject to your strict compliance with these Terms of Use, IamResponding grants to you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Services, where use includes downloading, access, or logging in to the Services. Your license will terminate immediately when (a) the Master Services Agreement or Subscription Order Form is terminated or expires or (b) you cease to be authorized to use the Services.
2. USE RESTRICTIONS AND PROHIBITED ACTS. You may not use the Services in any manner or for any purpose other than as expressly permitted by these Terms. You agree not to: (a) use the Services for any unlawful purpose; (b) use the Services for any purpose or in any manner prohibited by the Terms; (c) engage in any conduct that IamResponding, in its sole discretion, believes is or may be harmful to IamResponding, another user or to any other party, directly or indirectly, or which infringes on the rights of another user or any third party; (d) violate any foreign, federal, state or local law or regulation, including without limitation regulations promulgated by the U.S. Securities and Exchange Commission, and rules of any national or regional securities exchange; (e) use the Services in a manner that could impair, disable, overburden or damage any IamResponding server, or the network(s) connect to any IamResponding server, or interfere with, inhibit, or restrict any other party’s use of any Services; (f) attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any IamResponding server or to any of the Services, through hacking, password mining or any other means; (g) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense any software employed in connection with Services; (h) loan, rent, lease, sublicense, distribute, sell or otherwise transfer all or any portion of the Services to third parties, and specifically shall not share the Services with any other non-subscribing entity; (i) violate any code of conduct or other guidelines which may apply to any particular Service; (j) collect information about others outside of your organization, including email addresses. All licenses granted to you in these Terms are conditional on your continued compliance with the Terms of Use, and will immediately and automatically terminate if, in IamResponding’s sole discretion, you do not comply with any term or condition of the Terms of Use. In its sole discretion, IamResponding reserves the right to review and refuse to post, remove, or edit any materials posted to the Services, whole or in part or disclose any information it deems necessary or appropriate to satisfy any applicable law, regulation, legal process or governmental request.
3. USER UPLOADED INFORMATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SERVICES FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS IAMRESPONDING AND ITS LICENSORS AND SUPPLIERS TO THE GREATEST EXTENT LAWFULLY POSSIBLE FROM ANY THIRD PARTY SUIT BASED UPON THE ACCURACY AND ADEQUACY OF THE SERVICES IN YOUR USE.
4. ACCOUNT REGISTRATION. Services may require you to register with or subscribe to the Services. You agree to provide current, complete, and accurate information as prompted by the applicable registration/subscription form(s). You are responsible for maintaining in confidence your credentials, which may include a master username, master password, username, and password (“Credentials”). If you are an authorized representative of the subscribing entity through which you access the Services, you will be solely responsible for choosing and maintaining in confidence the Credentials of your members or employees, and you are fully responsible for all activities that occur under your Credentials and the Credentials of your employees, agents or members. IamResponding shall not be responsible for unauthorized use of your Credentials, and you agree to notify IamResponding promptly of any unauthorized use of your Credentials or other breach of security.
5. PRIVACY. For information about IamResponding’s privacy practices and your obligations regarding the maintenance of current, complete, and accurate information, please read the Privacy Policy located at https://www.iamresponding.com/privacy-policy/ (“Privacy Policy”), which is incorporated into these Terms by reference. IamResponding reserves the right to update or change the Privacy Policy at any time and for any reason. All changes are effective upon posting. By continuing to use the Services, you agree to be bound by any such revisions, and therefore, you should visit and review the Privacy Policy home page periodically.
6. OWNERSHIP. You acknowledge that the Services, including, without limitation, the software, all source, object and executable code, and all IamResponding websites are the intellectual property, trade secrets, and confidential information of and are owned by IamResponding, its licensors and/or its suppliers. The Services may be protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the countries in which it is being provided and used. You acknowledge that IamResponding, its licensors and/or its suppliers retain the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Services, and that the ownership rights of IamResponding, its licensors and/or its suppliers extend to any images, photographs, animations, videos, graphics, audio, music, text and “applets” incorporated into the Services and all accompanying online and printed materials. You will take no actions which adversely affect the intellectual property rights of IamResponding, its licensors and/or suppliers pertaining to the Services. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners’ names. Trademarks may only be used to identify printed output produced by the Services, and such use of any trademark does not give you any right of ownership in that trademark. “Emergency Responder Reply System”, “ERRS”, “IamResponding”, “IamResponding.com”, “IamResponding”, and “iamresponding” are registered or common law trademarks of IamResponding, its licensors or its suppliers. Except as expressly stated above, these Terms do not grant you any intellectual property rights in the Services. Notifications of claimed copyright infringement should be sent to IamResponding at legal@rapidsos.com.
7. UNSOLICITED IDEA SUBMISSION POLICY. IamResponding does not accept or consider unsolicited ideas, materials or work which are submitted with any expectation of fees, royalties, property interest, ownership, rights, title or interest of any manner, or of any form of compensation whatsoever, including without limitation ideas for new promotions, new products, new or enhanced services, or technologies. To avoid potential misunderstandings or disputes when IamResponding’s products or marketing strategies might seem similar to ideas, materials or work submitted to IamResponding, do not convey or send your unsolicited ideas, materials or work to IamResponding or to anyone in any manner affiliated with IamResponding if you have any expectation of receiving anything of any nature in return or exchange. If, despite our request, you still convey or send them, please understand that your ideas, materials or work will not be treated as confidential or proprietary, and we will have no obligations to you with respect to such ideas, materials or work, or their disposition. You hereby assign to IamResponding all right, title, and interest in and to the feedback, and IamResponding is free to use the feedback without payment or restriction.
8. CONFIDENTIALITY. You acknowledge and agree that the Services and related documentation constitute and contain valuable confidential/proprietary information and trade secrets of IamResponding, its licensors and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, you agree to treat (and ensure that your employees, agents and members treat) the Services and documentation as confidential, and to protect the confidentiality thereof, at all times exercising at least a reasonable degree of care in the protection of such confidential information. You shall not under any circumstances share or permit access to the Services, or provide any images of, or information about the Services to any actual or potential competitor of IamResponding.
9. MODIFICATIONS. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes via the relevant Service website or app. Modifications are effective upon publication. Continued use of our Services following such modifications will be deemed your acceptance of the modified Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that were in effect at the time the dispute arose.
10. DISCLAIMER. The Services are provided as a supplement to existing dispatch, communication, and response systems, and are not intended, and shall not be used by you, as a primary dispatch system for emergency events or situations, as a substitute for existing emergency communication systems, or as a substitute for the exercise of reasonable judgments made by you or reasonable emergency services providers. Use your good, reasonable common sense when using the Services, and do not substitute the Services for such common sense.
THE SERVICES ARE PROVIDED “AS IS”. IAMRESPONDING DOES NOT WARRANT THAT ANY ERRORS IN THE SOFTWARE AND DOCUMENTATION WILL BE CORRECTED, AND ASSUMES NO RESPONSIBILITY FOR ANY COMMUNICATIONS, WHETHER BY TELEPHONE, INTERNET OR OTHERWISE, OR FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATIONS, INFORMATION, OR SETTINGS. IAMRESPONDING MAY MAKE AVAILABLE AS PART OF THE SERVICES TOOLS AND UTILITIES FOR USE OR DOWNLOAD. IAMRESPONDING MAKES NO ASSURANCES AS TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVE FROM THE USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE AND ACKNOWLEDGE THAT IAMRESPONDING IS NOT RESPONSIBLE FOR THE SECURITY OR PRIVACY OF COMMUNICATIONS SENT VIA THE SERVICES, INCLUDING BUT NOT LIMITED TO WHERE THE SERVICES ARE BEING ACCESSED VIA WIRELESS DEVICES OR OTHER EQUIPMENT USED TO ACCESS THE SERVICES, EXCEPT FOR THE SECURITY OR PRIVACY RESPONSIBILITIES EXPLICITLY STATED IN THE PRIVACY POLICY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IAMRESPONDING, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS, HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THE SERVICES ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR HIGH RISK ACTIVITIES.
11. DISPATCH DATA. If you import, or arrange for the import of, dispatch data from your dispatch center to the Services, and if you or your members choose to have that information relayed via email, pager, text message, push notification, or otherwise, it is understood by you that this functionality is dependent upon the technology capabilities of your dispatch center; this specific functionality will not work with all dispatch center systems; and no guarantees or warranties are made concerning this functionality. It is further understood by you that IamResponding cannot control the timing, speed or reliability of the delivery of the dispatch information to your members once the information has been transmitted by IamResponding to your internet service providers, push notification services and/or cellular telephone providers. Therefore, it is specifically understood that this specific functionality is NOT to be relied upon under any circumstances as a primary means of notification for emergency events, and should only be utilized as a non-emergent, secondary means of notification. Certain cellular providers and push notification services may limit the number of characters permitted per message, and therefore it is also understood that certain transmitted messages may omit or delete information if the message exceeds the character length of the members’ notification provider.
Broadcast, written or transmitted notifications of incidents and/or incident locations provided through the Services are not intended, and shall not be used by you, as a substitute for emergency incident notifications provided directly to you by your dispatcher, PSAP or other emergency communications center through methods, means and/or systems other than the Services. Such notifications provided through the Services are intended, and shall be used by you, only as supplemental, rather than primary, notifications.
Alerts and audible tones associated with the Services are not designed or intended to alert you to the occurrence of an emergency incident requiring your services, and shall not be relied upon by you to awake or arouse you with respect to an emergency incident. Again, the Services are intended and shall be used by you only as a supplement to other, existing alerting and emergency communication systems.
To the greatest extent permitted by law, in consideration of the provision of the Service, you release IamResponding, its licensors and suppliers from any and all claims and liabilities of any nature whatsoever associated with any transmission of dispatch information.
You shall not under any circumstances cause dispatch information to be transmitted, re-transmitted, or forwarded, whether directly or indirectly from your IamResponding system, manually or automatically, to any servers, server networks, or mobile applications (“Apps”) other than those exclusively controlled and maintained by IamResponding, excepting only Internet Service Providers (ISP’s) and telephone network carriers necessary to the minimal extent possible to permit the direct relay of dispatch information from IamResponding.com to your personal/work email inbox(s) and personal/work mobile device(s). These limited and minimal exceptions (ISP’s and telephone network carriers) are further limited to only those which simply pass through the dispatch information, without opening, manipulating, utilizing, converting, applying or modifying the information in any manner whatsoever. IamResponding, its licensors and suppliers, are not, and shall not in any circumstance be responsible or liable for any transmission, transmission delay, failed transmission, or altered transmission of dispatch data in violation of this paragraph.
12. MAPPING SERVICES. The Services may include certain mapping, directions and routing features (collectively “Mapping Services”) that display content which may be provided under license to IamResponding by third parties. Mapping Services content is provided solely by third parties, and not IamResponding. By accessing or utilizing any of the Mapping Features, you consent to be subject to, bound by, and comply with, any and all of the terms and conditions of third party providers.
You are solely responsible for your own conduct when using the Mapping Services. You acknowledge that directions may be inaccurate, incomplete, dangerous, or prohibited, traffic data is not real-time, and location accuracy cannot be guaranteed. Map data, traffic, directions, and related Mapping Services content are provided for planning purposes only. Mapping Services are subject to errors and mistakes, and must not be substituted by you for the exercise of your common sense, logic, knowledge, reason and other available mapping resources.
Certain Mapping Services may require you to enable location services within your web-access computer or device in order to receive full functionality. IamResponding or third parties may collect, use, and share precise location data, including the real-time geographic location of your computer or device, or personal information, to provide and improve location-based products and services. Information which is part of, overlayed, embedded within, or attached to the Mapping Services in any manner, including but not limited to hydrant locations and information, drafting sites, fill sites, buildings or other structures, premises history or plans, emergency property information and any other such data is not, and will not be, verified by IamResponding in any manner for reliability or accuracy; is provided for planning purposes only; is not to be relied upon by you during an emergency event; and may be shared or made available to any authorized user of the Services, including users in other subscribing entities. You should independently verify the accuracy of any mapping information within the Mapping Services and make any necessary or applicable corrections to such information. Even if mapping irregularities or inaccuracies are reported to IamResponding, IamResponding does not warrant that such irregularities or inaccuracies will be corrected, and you should assume that they will not be.
The Mapping Services may extract certain data from dispatch messages provided through the Services in an attempt to identify the location of a reported incident. You are solely responsible for verifying that the address extracted and mapped is the correct incident address, and you should not rely on the Services and Mapping Services for this information.
IamResponding, its licensors and suppliers shall have no liability whatsoever to you or any third-parties for any mistakes, errors or delays of any nature whatsoever relating to the Mapping Services. By utilizing the Mapping Services, you agree (on your own behalf and on behalf of the subscribing entity with whom you are affiliated) to defend and indemnify, to the greatest extent permitted by law, IamResponding, its licensors and suppliers with respect to any claim of any nature whatsoever asserted by any person or entity arising by, through or as the result of your use of the Mapping Services.
13. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE CONSIDERATION WHICH IAMRESPONDING MAY CHARGE FOR SUBSCRIPTIONS AUTHORIZING THE USE OF THE SERVICES DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY IAMRESPONDING OF THE RISK OF YOUR CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. ACCORDINGLY, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IAMRESPONDING, ITS LICENSORS OR ITS SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUES, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, TO THESE TERMS, TO ANY SUBSCRIPTION AGREEMENT, OR TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, EVEN IF IAMRESPONDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY (CONTRACT, WARRANTY, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH WITHIN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF CONSIDERATION LEVIED IN CONNECTION WITH THE SUBSCRIPTION AUTHORIZING YOU TO ACCESS AND USE THE SERVICES, AND THAT WERE IAMRESPONDING TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, SUCH CONSIDERATION WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER. IN ANY CASE, THE ENTIRE, COLLECTIVE LIABILITY OF IAMRESPONDING, IT LICENSORS, SUPPLIERS AND DISTRIBUTORS, AND YOUR EXCLUSIVE REMEDY, UNDER ANY PROVISION OF THESE TERMS OR ANY SUBSCRIPTION AGREEMENT SHALL BE, AT IAMRESPONDING’S SOLE OPTION, EITHER (A) RETURN OF THE SUBSCRIPTION PRICE PAID FOR ANY REMAINING PORTION OF THE TERM OF THE SUBSCRIPTION OR (B) $250.00 USD.
14. TERMINATION. These Terms of Use will continue for the duration of your use of the Services unless earlier terminated as provided in these Terms. IamResponding may terminate your license immediately without notice to you for your failure to comply with any of the terms set forth herein. Upon termination, you must immediately cease use of the Services.
15. NO THIRD PARTY BENEFICIARIES. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.
16. ASSIGNMENT. You may not assign these Terms or your license to the Services without IamResponding’s prior written consent. IamResponding may assign these Terms, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns.
17. WAIVER. The failure by either party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the party’s right to enforce the provision later. All waivers by a party must be in writing.
18. SEVERABILITY. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, then the remaining provisions of these Terms will nevertheless be given full force and effect.
19. GOVERNING LAW. To the extent not prohibited by law, the validity, interpretation, construction and performance of these Terms shall be governed by the laws of the State of New York without giving any effect or regard to its conflict of law provisions. The New York state courts in and for Onondaga County, New York (or, if there is exclusive federal jurisdiction, the United States District Court for the Northern District of New York) shall have exclusive jurisdiction and venue over any dispute arising out of these Terms, and you hereby consent to the personal and subject matter jurisdiction of such courts and waive any objection as to venue in such jurisdiction.
COPYRIGHT NOTICE.
Copyright ©2007-2024 Emergency Services Marketing Corp., Inc., Post Office Box 93, Dewitt, New York 13214-0093, USA. All rights reserved.
Any rights not expressly granted herein are reserved. Send your questions to legal@rapidsos.com
Last modified: March 27, 2024.
Previous Modification: September 27, 2023.
Previous Modification: December 5, 2016. Section modified: Entire Agreement (The paragraph entitled “Entire Agreement,” not the actual entire agreement!)
Previous Modification: May 9, 2016. Section(s) modified: Conditions and Restrictions on Use; Copyright Notice.
Previous modification: March 29, 2013. Section(s) modified: Introduction, Acceptance of Terms and Conditions, Conditions and Restrictions on Use, Title and Intellectual Property Rights, Trademarks, Dispatch Data, Registration and Privacy, Disclaimer of Warranty, Confidentiality, Use of Services, Services not a Substitute, Services and Software Available on this Website, Reverse Engineering, Links to Third-Party Sites, Indemnity and Release, Miscellaneous, Limitation of Liability, Other Restrictions, Injunctive Relief, Equipment Required and Optional, No Third Parties, Entire Agreement, Statute of Limitations. Section(s) added: Mapping Services.
Previous modification: January 28, 2013. Section(s) modified: Dispatch Data; Copyright Notice
Previous modification: November 18, 2010
