TriCon Environmental Inc. is providing users (“User”) with access to its telephone messaging services and web site, (911messages) subject to the terms and conditions of this User Agreement (the "Terms of Use"). Any new features, changes, updates or improvements of the 911messages Service, and the availability of new 911messages services, shall be subject to the terms of this User Agreement unless explicitly stated otherwise.
Please read the User Agreement carefully before using or registering for the 911messages. By using or registering for the 911messages, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use the 911messages.
We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the 911messages.com web site.
Unless explicitly stated otherwise, any new features that augment or enhance the current 911messages, including the release of new 911messages properties, shall be subject to the User Agreement. You understand and agree that the 911messages is provided "AS-IS" and that 911messages assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information.
You are responsible for reviewing these terms and conditions regularly. Your continued use of the 911messages shall be deemed to be your conclusive acceptance of all modifications to the User Agreement.
By using or registering for the 911messages you acknowledge that you have read and accept the 911messages Privacy Statement. Before using or registering for the 911messages, please carefully read the 911messages Privacy Statement. A link to the 911messages Privacy Statement is on the bottom of each page of 911messages.com.
911messages has implemented this privacy policy to ensure that personal information (specifically set forth below) pertaining to our clients is kept private and secure subject to the Terms & Provisions of the 911messages User Agreement. 911messages will not distribute any of the information we receive from you while using the 911messages voice broadcasting service. Financial information and other information deemed critical by 911messages will be exchanged over a secure connection and encrypted within our database.
911messages does not currently have any relationships with third parties that would want or require your personal information. If any aspect of this privacy policy changes, it will be updated on both our website and our User Agreement. If 911messages deems the change particularly important, we will also notify clients via email.
During our registration process prior to using the site, 911messages requires that you supply your name, e-mail address, phone number, and other identifying information. This information is used to establish your 911messages account, and so that we may contact or identify you for support purposes.
During our ordering process, 911messages requires that you provide us with payment for contract rates or a credit card number and other associated information. This information will be encrypted and stored so that we my process future orders and subscription renewals.
Phone numbers and other optional information stored with 911messages on our system will not be shared with any third parties, pursuant to this privacy policy and the 911messages User Agreement.
911messages will record your voice inputs (messages) in order to transmit them to the phone numbers you provide. 911messages reserves the right to review these messages at any time and for any reason, particularly if we have reason to believe that messages are in violation of the 911messages User Agreement.
911messages employs cookies to recognize you and your access privileges on our site, as well as to track site usage. Subscribers who do not accept cookies cannot use the 911messages voice broadcasting service. We do not use cookies for any reason other than to help the 911messages website easy for you to use.
911messages logs IP addresses for systems administration and troubleshooting purposes. We do not use IP address logs to track your session or your behavior on our site.
911messages will use the email address you provide at registration as the primary method for communicating account-related information with you.
To prevent unauthorized access, maintain data accuracy, and ensure the use of information, we have put in place appropriate physical and electronic procedures to protect the information we collect online.
911messages does not currently have any relationships with any third parties that may want or require your personal information. Therefore, you will not receive marketing messages from any company other than 911messages.
911messages may, from time to time, choose to send email to our users in the form of a newsletter or special offer. Should we decide to send an email to our users, it will be sent ONLY to account owners and individuals that have a login to the 911messages website.
At the end of your broadcast messages, 911messages may give call recipients the option to press a number to hear more about 911messages. If your recipients select this option, they may hear a brief marketing message in addition to instructions for removing their phone number from your calling list.
If members of your group do not wish to receive messages, they may visit our website and click ‘Do Not Call’ on the home page of the web site. Alternatively, you may notify 911messages of your request for the removal of a telephone number from a calling list by sending an e-mail to info@911messages.com or by writing to: 911messages c/o TriCon Environmental Inc. 1936 Mall Blvd, Auburn, AL 36830. If no specific calling list is specified, the number will be blocked from receiving calls from any 911messages user. Our Do Not Call list applies even if a calling list is uploaded to our system by a client and is not stored in our database.
You agree, as a condition of your use of the 911messages, to provide 911messages with accurate and complete information when registering for or using the 911messages, and to update and maintain such information. 911messages has the right to suspend, restrict or terminate your use of the 911messages and to refuse any future use of all or portions of the 911messages if 911messages has reason to believe that you have failed to comply with these requirements.
If you are under the age of eighteen, you are prohibited from using or registering for the 911messages. By using or registering for the 911messages, you warrant to 911messages that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the 911messages is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the 911messages is inappropriate for your child.
Access to the 911messages is achieved by dialing a toll-free number within any of the contiguous forty eight (48) states of the United States. 911messages Communications is not responsible for any charges that you may incur from dialing outside of the United States or any other connection charges that you may incur when calling the 911messages toll-free phone number, e.g., cellular, mobile, or pay phones.
Please note that 911messages delivers messages anywhere within the contiguous forty eight (48) states of the United States. Messages CANNOT be delivered to Alaska or Hawaii.
When you are registered, you will establish a 911messages ID and a PIN. You are responsible for protecting the confidentiality of your 911messages ID and PIN, and you are fully responsible for all activities that occur under your 911messages ID.
You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify 911messages of any loss, compromise or unauthorized use of your 911messages ID and PIN or any other breach of security. You may notify 911messages by sending an e-mail to info@911messages.com or by writing to 911messages c/o TriCon Environmental Inc 1936 Mall Blvd, Auburn, AL 36830 will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your 911messages ID and PIN.
You agree and consent that 911messages may record oral or voice communications, utterances, conversations or commands, made by you during the use of the 911messages. By using the 911messages, you expressly consent and grant to 911messages the right to record and use these recordings. If you do not authorize 911messages to make or use these recordings, you may not use the 911messages.
911messages is under no obligation to monitor any recordings for accuracy, completeness, or quality. User understands that recordings may or may not resemble that which User intends to record and that 911messages is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the 911messages.
You agree that 911messages may limit your use of the 911messages, including without limitation the frequency and duration for which you may access the 911messages, and that 911messages has no responsibility or liability for any unavailability or limitation on use of the 911messages. In addition, 911messages reserves the right at any time to limit: access to, modify, change or discontinue the 911messages, or any part thereof, with or without notice. You agree that 911messages shall not be liable to you or to any third party for any modification, suspension or discontinuance of the 911messages. You acknowledge and agree that 911messages may establish general practices and limits, which may not be published, concerning the use of the 911messages, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the 911messages, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that 911messages has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the 911messages. You acknowledge that 911messages reserves the right to terminate any inactive or dormant account(s). You agree and 911messages reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
As a condition of your use of the 911messages, you agree and warrant to 911messages that you will not use the 911messages for any purpose that is unlawful or prohibited by the User Agreement. You may not use the 911messages in any manner that could damage, impair, disable or overburden the 911messages, interfere in any way with 911messages’s rights, interfere in any way with any other user's use and enjoyment of the 911messages, or otherwise infringe on any person's rights.
Specifically, you agree and warrant to 911messages that:
911messages will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to 911messages (and our customer base) in numerous ways including, but not limited to, damaging the 911messages brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. 911messages retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by 911messages; then you agree to pay 911messages liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your 911messages account; otherwise, you agree to pay 911messages's actual damages, to the extent such actual damages can be reasonably calculated by 911messages.
User agrees to comply with the rules and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations along with any other similar laws that may be applicable to User’s use of the 911messages. User agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of the 911messages will not cause 911messages to violate these or similar laws.
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the 911messages will not cause 911messages to violate these or other similar laws.
User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which 911messagess will be applicable. User understands and agrees that 911messages will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the 911messages.
As part of the 911messages, 911messages may offer User access to communications, media and commerce services. 911messages does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the 911messages. You acknowledge that the 911messages simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that 911messages has no obligation to screen, preview, or monitor such Content. By using the 911messages, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the 911messages, including Content that may be offensive, indecent or objectionable. Under no circumstances will 911messages be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the 911messages.
911messages may make identifiable information available to our employees and third parties with whom we contract. In addition, 911messages may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that 911messages may make such uses of information you provide or 911messages collects.
While 911messages is committed to protect your privacy, 911messages does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that 911messages may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of 911messages, its users or the public. 911messages does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.
As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that 911messages, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.
The basic account fees ("Service Fees") shall be provided at the rates set out in the 911messages pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. 911messages may modify subscription Service Fees at renewal periods.
Service Fees for subscription users of the 911messages will be automatically charged on the first day of each month to the credit or debit card on file for User.
If for any reason payment is not effected through User's credit or debit card and payment becomes past due, 911messages will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. User is responsible for any fees, including attorney and collection fees that 911messages may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the User. Additionally, 911messages reserves the right to immediately and without notice terminate the account of any User with a past due balance.
911messages reserves the right to change the billing process upon providing the Subscriber with 30 days notice in writing or via email.
Unlimited Usage on Subscription Accounts: You agree and 911messages retains the right, at its sole discretion, to determine whether or not User is abusing the unlimited usage privilege on a subscription account. If 911messages determines that an account is abusing the unlimited usage privilege, 911messages may restrict or terminate that account. As a guideline only, a user that creates broadcasts that result in more calls per day than the maximum number of recipients in their subscription plan will be considered in abuse of the unlimited usage privilege. Abuse may be addressed by contacting the group leader to warn of excessive usage. 911messages reserves the right to charge an additional 9 cents ($.09) per call for any excessive calls, as determined at the sole discretion of 911messages.
911messages may permit User to use the 911messages on a free trial basis. During this time, User will not incur any charges or fees for use of the service. After the expiration of your free trial, you will have the option to purchase a 911messages messaging package or subscription as described on the 911messages web-site. 911messages reserves the right to terminate the account of any free trial User at any time.
911messages subscriptions shall automatically renew on a monthly basis at the rate indicated on the pricing plans page of the 911messages.com website. Users may discontinue their subscription at any time by logging in to the website and selecting “Cancel my Subscription”, or by sending an email to info@911messages.com. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Users that have no past due balance and have paid for the current month will be able to complete broadcasts on their cancelled account until their paid subscription ends.
911messages per-call service plans will expire after one hundred eighty (180) days of inactivity or upon expiration of the contract period. Inactivity is defined to mean that User has neither purchased an additional per-call plan, nor initiated a broadcast. 911messages per-call service plans are non-refundable.
The 911messages may provide User with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the 911messages. 911messages does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. 911messages is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve 911messages.
You agree that 911messages is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.
YOU AGREE THAT:
A. IF YOU USE THE 911MESSAGES, YOU DO SO AT YOUR OWN AND SOLE RISK. THE 911MESSAGES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 911MESSAGES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR 911MESSAGES.COM MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.
B. 911MESSAGES DOES NOT WARRANT THAT (i) THE 911MESSAGES WILL MEET YOUR REQUIREMENTS, (ii) THE 911MESSAGES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 911MESSAGES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE 911MESSAGES WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR 911MESSAGES COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE 911MESSAGES AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE 911MESSAGES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM 911MESSAGES OR THROUGH OR FROM THE 911MESSAGES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT 911MESSAGES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF 911MESSAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE 911MESSAGES; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE 911MESSAGES; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE 911MESSAGES; OR (v) ANY OTHER MATTER RELATING TO THE 911MESSAGES.
You agree to indemnify, defend and hold harmless 911messages, its officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge and agree that the 911messages and any necessary software used in connection with the 911messages and Service Providers contain proprietary and confidential information that are 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 911messages or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the 911messages, except as set forth herein. 911messages, the 911messages logo and other 911messages logos, product and service names may be trademarks, service marks or other intellectual property of 911messages (the " 911messages Marks"). You agree not to display or use the 911messages Marks in any manner without the prior, express written permission of 911messages.
You agree that 911messages may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the 911messages.com web site or through the 911messages.
The User Agreement governs your use of the 911messages. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and 911messages. They supersede any prior agreements between you and 911messages. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights 911messages possesses with respect to this User Agreement.
The User Agreement and the relationship between you and 911messages shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions. 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 911messages or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with 911messages exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Auburn, Alabama. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.
Any failure by 911messages to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.