IMPORTANT: NOT A REPLACEMENT FOR 911. The EmergenSee App and related service are not a replacement for 911. If you are in immediate danger, are suffering a medical emergency or are the victim of a crime, CALL 911 and/or the appropriate authorities and do not rely on this service. Even if your mobile device and the EmergenSee App has connectivity, EmergenSee does not guarantee and has no control over whether your messages will be delivered real-time, immediately accessed by or responded to by any recipient or emergency responder.
The following terms and conditions shall apply for the use of the EmergenSee Messaging Service [including all relates services, components and features, and, if applicable, monitoring], EmergenSee Command, and the related web site(s) (“Messaging Service”).
A. NO UNLAWFUL OR HARMFUL USE OF THE MESSAGING SERVICE
You will not use the Messaging Service in any way that is unlawful or harms any person, customer, the Company or any affiliates, as determined in the Company’s sole discretion. The Company may inform you about certain specific harmful uses in notices provided from time to time through the Messaging Service, but has no obligation to do so. You may not use the Messaging Service in any way that breaches any notice applicable to the Messaging Service.
B. YOU ARE RESPONSIBLE FOR CONTENT YOU TRANSMIT AND RECEIVE
You specifically agree not to use the EmergenSee Messaging Service:
(1) to send content to another person that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, infringing, or racially, ethnically or otherwise objectionable;
(2) to send content that is harmful to minors in any way;
(3) to impersonate any person or entity, including, but not limited to, a Company official, officer, employee, representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any identity used to transmit message through the Messaging Service to another;
(5) to send content to others that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(6) to interfere with or disrupt the Messaging Service or servers or networks connected to the Messaging Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Messaging Service;
(7) to intentionally or unintentionally violate any applicable federal, state, local, national or international law;
(8) to stalk or otherwise harass another;
(9) to harvest or otherwise collect or store personal data about other users; or
(10) to play pranks on, falsely report events, harass or otherwise mislead any recipient or third party emergency responder.
You agree that the Messaging Service allows for, upon activation, the notification via text messages to and from cell phones and other devices that are listed in your profile, as well as emergency responders (to the extent applicable). You also agree that, from time to time, the Company may notify you through the Messaging Service, to provide you with information regarding or related to the App or the Messaging Service.
You understand that the technical processing and transmission of the Messaging Service, including your provided information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You also understand that some or all of the transmissions may not be encrypted or protected.
C. SPAM IS PROHIBITED AND CAUSES DAMAGE
D. DEALINGS WITH RECIPIENTS IS YOUR RESPONSIBILITY
Your communications through the Messaging Service are solely between you and the directed recipient(s). You agree that the Company, its affiliates and/or third-party monitoring company(ies) are not insurers and shall not be responsible or liable for any loss, personal harm, or damage of any sort incurred as the result of any such communications, the delivery or failure thereof, or any response or lack thereof by the recipients or emergency responders.
The Messaging Service may provide, or third parties may provide, links to certain service providers, such as emergency responders, campus security, etc., when your mobile device appears within their geographic zone. Because the Company does not have control over all service providers necessary to the Messaging Service and the connectivity between your mobile device and/or the Company servers and the service providers, you acknowledge and agree that the Company is not responsible for the availability of and communications to all such service providers, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials available from all such service providers. You further acknowledge and agree that the Company 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 from or through any such service providers outside of the control of the Company.
E. YOU AGREE TO SUPERVISE THE USE OF THE MESSAGING SERVICE BY YOUR CHILDREN
EmergenSee is concerned about the safety and privacy of all its users, particularly children. Children under the age of eighteen (18) years old are not permitted to use the Messaging Service with permission from their parents or guardians. You warrant that, if you are under the age of eighteen (18) years old, that you have received the permission of your parents or guardians to use the App and the Messaging Service.
F. MANAGEMENT OF AMOUNT OF MESSAGES IS YOUR RESPONSIBILITY
You understand and agree that management of the amount of messages transmitted through the Messaging Service is your own responsibility. The Company may, at its sole discretion, provide a mechanism for opting out of the Messaging Services, such as by removing the phone numbers for all your contacts, including emergency responders, in the profile page of the App (which will prevent them from receiving any text messages in case of activation of the App).
G. YOU MAY BE CHARGED A FEE FOR MESSAGE DELIVERY BY YOUR NETWORK OPERATOR
You understand and acknowledge that your use of the Messaging Service, such as from your mobile device, is subject to any agreements with your network service provider and any fees they may charge, including but not limited to the fees for access or Content delivery.
H. ACCESS FROM OR DELIVERY TO MOBILE NETWORK IS NOT GUARANTEED
You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control and influence of the Company and, if applicable, its third-party monitoring company(ies), and that the Company and, if applicable, its third-party monitoring company(ies), may not be able to assist in resolution of such problems. You agree that the Company and, if applicable, its third-party monitoring company(ies), are not responsible for your use of the service outside of the servers of the Company and, if applicable, its third-party monitoring company(ies), and is not responsible or liable for problems arising in the network outside of its/their respective servers. The Company’s sole responsibility is to use commercially reasonable efforts to maintain the servers and the software, if any, for providing Messaging Service and, if applicable to your License, to use commercially reasonable efforts to provide commercially reasonable monitoring as part of your Messaging Service.
I. YOUR MESSAGING SERVICE MAY BE LIMITED BY YOUR OPERATOR OR YOUR DEVICE
You agree and accept that your use of the Messaging Service may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device. The SMS messaging services is only available in the United States and only if your mobile plan provides for text messages and the required mobile coverage. You are responsible for checking to see if your mobile plan includes SMS text messaging.
J. MOBILE NETWORK OPERATORS MAY NOT SUPPORT PREPAID USERS
You acknowledge that certain operators of prepaid mobile plans do not support or offer certain mobile network services, such as delivery of messaging and mobile Internet access, to users of their prepaid services. You understand and agree that the Messaging Service and/or the EmergenSee App may not, in whole or in part, be available to you if you have such prepaid service and your mobile network operator does not support required mobile network services required for the Messaging Service.
K. COURT TESTIMONY
In the event that either EmergenSee or, if applicable, its third-party monitoring company(ies) are required to testify in court or in a related deposition in connection with an incident you submit through the EmergenSee App and/or the Messaging Service, EmergenSee and, if applicable, its third-party monitoring company(ies) reserve the right to charge you their then current fees in connection with such services.
EMERGENSEE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE EMERGENSEE APP, THAT THE FUNCTIONS CONTAINED IN THE EMERGENSEE APP OR THE EMERGENSEE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE EMERGENSEE APP OR EMERGENSEE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE EMERGENSEE APP OR EMERGENSEE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMERGENSEE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE EMERGENSEE APP OR EMERGENSEE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Valley Forge Professional Center, 1260 Valley Forge Road, Suite 103, Phoenixville, PA 19460.
If you have any questions about your mobile device or your cellular or data service, please contact the applicable third party.
Updated July 2014