Symposium Technologies Peabody Fire Alert Terms of Service Agreement
Date of Last Revision: September 6th, 2013
Peabody Fire Alert IS A SERIES OF COMPUTER-BASED SERVICES OWNED BY STI AND MADE AVAILABLE TO SUBSCRIBERS AND PUBLIC SAFETY AGENCIES THROUGH THE Peabody Fire Alert WEBSITE AND DATABASE, AND INCLUDING A VARIETY OF SOFTWARE, DATA, AND OTHER CONTENT AND PRINTED AND ELECTRONIC DOCUMENTATION MADE AVAILABLE THROUGH THE Peabody Fire Alert WEBSITE AND DATABASE. UNLESS EXPLICITLY STATED OTHERWISE, ANY NEW FEATURES PROVIDED BY STI THAT AUGMENT OR ENHANCE THE CURRENT Peabody Fire Alert SERVICES SHALL ALSO CONSTITUTE "SERVICES" AND SHALL BE SUBJECT TO THESE TERMS OF SERVICE. Peabody Fire Alert ENHANCES THE PUBLIC'S ABILITY TO COMMUNICATE AND RELAY IMPORTANT RESPONSE INFORMATION TO PUBLIC SAFETY AGENCIES BY PERMITTING INDIVIDUALS TO DETERMINE IN ADVANCE THE IMPORTANT RESPONSE INFORMATION THEY WOULD LIKE TO HAVE COMMUNICATED TO PUBLIC SAFETY AGENCIES IN CASE OF AN EMERGENCY OR OTHER INCIDENT, AND IN TURN MAKING THIS INFORMATION AVAILABLE TO PUBLIC SAFETY AGENCY PERSONNEL IN A QUICK AND ORGANIZED FASHION WHEN A CALL FOR SERVICE IS RECEIVED. Peabody Fire Alert ALSO MAKES IT POSSIBLE FOR PUBLIC SAFETY AGENCIES AND OTHER CLIENTS TO SEND ALERTS TO SUBSCRIBERS, AND TO RUN QUERIES ON THE Peabody Fire Alert DATABASE FOR THE PURPOSES OF STATISTICAL ANALYSIS, PLANNING, AND OTHER ACTIVITIES RELATED TO ENHANCING EMERGENCY RESPONSE IN THEIR AREAS OF JURISDICTION.
AS USED HEREIN, THE TERMS "You", "Your", "Yours", "Yourself", "User", "Users", "Subscriber" and "Subscribers" SHALL MEAN ANY SUBSCRIBER TO THE Peabody Fire Alert SERVICES.
THE TERMS "STI", "Company", "We", "Our", AND "Us" SHALL MEAN SYMPOSIUM TECHNOLOGIES INCORPORATED.
THE TERM "Agreement" MEANS THE SYMPOSIUM TECHNOLOGIES Peabody Fire Alert TERMS OF SERVICE.
THE TERM "Alert" or "Alerts" SHALL MEAN ALERTING CAPABILITY PROVIDED AS PART OF THE SERVICES, AND DELIVERED VIA SMS TEXT MESSAGE, EMAIL, INTERACTIVE VOICE RECORDING ("IVR") AND OTHER MEDIA OF COMMUNICATION. ALERTS ARE INITIATED BY PUBLIC SAFETY AGENCIES AND SENT TO SUBSCRIBERS AND OTHERS, VIA CONTACT COORDINATES SUCH AS PHONE NUMBERS AND EMAIL, ENTERED BY SUBSCRIBERS INTO THEIR Peabody Fire Alert ACCOUNT INFO. ANY SUCH ALERT MAY BE INITIATED BY A PUBLIC SAFETY AGENCY OR OTHER CLIENT AT THEIR DISCRETION. ONCE A PUBLIC SAFETY AGENCY INITIATES ANY SUCH AN ALERT, YOU MAY ATTEMPT WHERE APPROPRIATE TO REPLY.
THE TERM "Database" SHALL MEAN THE Peabody Fire Alert RELATIONAL DATABASE CONTAINING ALL SUBSCRIBER ACCOUNT DATA AND SUBSCRIBER ACCOUNT INFO.
THE TERMS "Extended Access Options" SHALL MEAN THE OPTION OF SUBSCIBERS TO ASSENT TO ENABLING Peabody Fire Alert TO PROVIDE PUBLIC SAFETY AGENCIES WITH NON-EMERGENCY-BASED ACCESS TO THEIR SUBSCRIBER ACCOUNT INFO FOR THE PURPOSES OF STATISTICAL ANALYSIS, PLANNING, AND OTHER ACTIVITIES RELATED TO ENHANCING EMERGENCY RESPONSE IN THEIR AREAS OF JURISDICTION.
THE TERMS "Public Safety Agency", "Public Safety Agencies", "Public Safety Agency Partners", "911 Call Center", "911 Call Centers", "Client" and "Clients" SHALL MEAN ANY ORGANIZATION AND ITS AFFILIATED PERSONNEL WHICH HAS JURISDICTION TO PROVIDE EMERGENCY RESPONSE OR OTHER SERVICES FOR ANY LOCATION YOU ENTER INTO YOUR SUBSCRIBER ACCOUNT INFO, AND WITH WHICH STI CONTRACTS TO PROVIDE ACCESS TO THE Peabody Fire Alert SERVICES, DATABASE, TECHNOLOGIES, AND SUBSCRIBER ACCOUNT INFO.
THE TERMS "Service", "Services", and "Peabody Fire Alert Services" SHALL MEAN THE Peabody Fire Alert SERVICES OFFERED BY STI TO SUBSCRIBERS AND PUBLIC SAFETY AGENCIES THROUGH THE Peabody Fire Alert WEBSITE AND DATABASE.
THE TERMS "Subscriber Account" SHALL MEAN THE NON-"SUBSCRIBER ACCOUNT INFO" DATA ASSOCIATED WITH YOUR USE OF Peabody Fire Alert, INCLUDING ACCESS CREDENTIALS, ACCESS HISTORY, VERIFICATION HISTORY, AND ANY FORMAL, TECHNICAL, OR OTHER NON-SUBSCRIBER ACCOUNT INFO-BASED INFORMATION ASSOCIATED WITH YOUR USE OF Peabody Fire Alert.
THE TERMS "Subscriber Account Info" SHALL MEAN ALL THE INFORMATION YOU ENTER INTO Peabody Fire Alert WHILE LOGGED IN TO YOUR SUBSCRIBER ACCOUNT, INCLUDING INFORMATION PERTAINING TO ADDRESSES, LOCATIONS, PROPERTY, BUSINESSES, CONTACTS, PERSONS, PETS, AND ANY OTHER ENTITY THAT YOU CHOOSE TO INCLUDE OR OTHERWISE PROVIDE OR MAKE AVAILABLE TO Peabody Fire Alert.
THE TERM "Website" SHALL MEAN THE Peabody Fire Alert WEBSITE, LOCATED AT PeabodyFireAlert.com.
1. About The Terms of Service
1.1 The Peabody Fire Alert Services enhance Your ability to communicate and relay important response information to Public Safety Agencies. It does this by permitting You to determine in advance the important response information You would like to have communicated in a quick and organized fashion to Public Safety Agencies in case of an emergency or other incident, and in turn making this information available to Public Safety Agency personnel in a quick and organized fashion when a call for service is received. Peabody Fire Alert also makes it possible for Public Safety Agencies and other Clients to send Alerts to Subscribers, and run queries on the Peabody Fire Alert database for the purposes of statistical analysis, planning, and other activities related to enhancing emergency response in their areas of jurisdiction.
1.2 This Agreement advises You as to Your rights and responsibilities related to the use of the Services, along with what You can expect from the Services. YOU ARE REQUIRED TO READ, UNDERSTAND, AND AGREE TO THE AGREEMENT IN ITS TOTALITY.
1.4 If You are accepting on behalf of Your employer or another entity, You represent and warrant that: (i) You have full legal authority to bind Your employer, or the applicable entity, to this Agreement; (ii) You have read and understand this Agreement; and (iii) You agree, on behalf of the party that You represent, to this Agreement. If You don't have the legal authority to bind Your employer or the applicable entity, You and Your employer or other entity are not authorized to use the Services.
1.5 STI reserves the right to change these Terms of Service from time to time without notice by posting amended Terms of Service to the Peabody Fire Alert Website. When We do, We will also revise the "last update" date of these Terms of Service. Your continued use of the Peabody Fire Alert Services after such posting will constitute acceptance by You of such amendment.
1.6 Please note that the section headings in this Agreement are provided solely for Your convenience, and do not constitute or modify the terms and conditions of this Agreement.
2. Grant of Rights to Use Services
2.1 Subject to Your acceptance of and compliance with this Agreement, Symposium Technologies Incorporated hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right during the term of this Agreement in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement.
2.2 You may not, nor allow any third party to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever, or create derivative works of any software or information included in the Services. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. You are solely responsible for Your use of the Services. All rights not expressly granted under this Agreement are retained by STI.
3. User Responsibilities Regarding Your Subscriber Account and Your Subscriber Account Info
3.1 You understand and agree that the sole means for entering, updating, changing or modifying Your Subscriber Account and Subscriber Account Info is via the screens provided through Your Subscriber Account on the Peabody Fire Alert Website, and that You are the only person authorized to input or modify Subscriber Account Info, unless You have authorized another person to use Your Subscriber Account to enter or modify the Subscriber Account Info associated with Your Subscriber Account on Your behalf.
3.2 You understand and agree that You are personally responsible for any Subscriber Account Info entered into and saved in the Database via Your Subscriber Account, including, without limitation, any data, text, images, or content contained therein, as well as all traffic originating from Your Subscriber Account, including, without limitation, any data, text, images or content contained therein.
3.3 You understand and agree that You bear the sole and entire responsibility for keeping Your Subscriber Account Info accurate, up-to-date, and current in the Database, and that You are responsible for making sure that Your Subscriber Account Info is current and accurate at all times.
3.4 YOU AGREE TO ONLY INCLUDE SUBSCRIBER ACCOUNT INFO ABOUT LOCATIONS, ADDRESSES, BUSINESSES, PROPERTIES, CONTACTS, PERSONS, INDIVIDUALS, PETS, AND OTHER ENTITIES FOR WHOM YOU HAVE APPROPRIATE LEGAL RESPONSIBILITY OR APPROPRIATE PRIOR CONSENT. YOU TAKE FULL LEGAL RESPONSIBILITY FOR INCLUDING OR NOT INCLUDING ANY INFORMATION ABOUT ANY AND ALL SUCH ENTITIES IN YOUR SUBSCRIBER ACCOUNT INFO, AS WELL AS THE ACCURACY AND SUFFICIENCY OF YOUR SUBSCRIBER ACCOUNT INFO.
3.5 You understand and agree that You are STRICTLY FORBIDDEN from providing Subscriber Account Info about any locations, addresses, businesses, properties, contacts, persons, individuals, pets, or other entities unless You have the appropriate express prior permission to do so.
3.6 You understand and agree You have full control over the Subscriber Account Info You share with Public Safety Agencies, and that You will only share the information You want Public Safety Agencies to be able to access.
3.7 You understand and agree that Public Safety Agencies may rely upon Your Subscriber Account Info when responding to a 911 call, planning for an emergency, or in other different ways, and that providing intentionally incorrect or misleading Subscriber Account Info or any other intentionally misleading information is potentially a crime and is grounds for termination of the Services.
4. Subscriber Account and Password Security
4.1 You authorize STI and Peabody Fire Alert to release any or all of the Subscriber Account Info and other information associated with Your Subscriber Account to any person to whom You have provided a Username and Password associated with Your Subscriber Account.
4.2 You understand and agree that You are responsible for keeping Your Password secure, and it is solely Your responsibility to take appropriate precautions to ensure that the Username and Password for Your Subscriber Account are not accessible to any unauthorized persons.
4.3 You understand and agree that actions taken under Your Subscriber Account using Your account credentials shall be deemed to be actions taken by You, with all consequences including service termination, civil and criminal penalties.
5. Account Verification and Accuracy of Subscriber Account Info
5.1 You understand and agree that about once every six months from the date You verify Your Subscriber Account Info, You will receive a message at the email address You used to register Your Subscriber Account with Peabody Fire Alert reminding You to review and update as required Your Subscriber Account Info, and to re-verify Your Subscriber Account. You must review Your Subscriber Account Info within seven days of receipt of the message and confirm that it is accurate. If You do not review and re-verify Your Subscriber Account Info within that time period, it may become inaccessible to Public Safety Agencies until such time as You review and re-verify it.
5.2 You understand and agree that in order to ensure the accuracy of information in the Database and help protect Your privacy, Peabody Fire Alert and Public Safety Agencies reserve the right to verify Your Subscriber Account Info through means of their own choosing, and may contact You at the phone, email or other contact coordinates You have provided to verify Your Subscriber Account Info.
5.3 Peabody Fire Alert and Public Safety Agencies reserve the right, but shall have no obligation, to verify through the exchange of information with third parties, the physical addresses You provide as part of Your Subscriber Account Info. This exchange of information may include the descriptive (often referred to as the "civic" or "mailing") address, associated geographic coordinates, and maps associated with the provided addresses or geographic coordinates.
5.4 YOU UNDERSTAND AND AGREE THAT NEITHER Peabody Fire Alert NOR ANY PUBLIC SAFETY AGENCY SHALL HAVE ANY DUTY OR OBLIGATION TO UNDERTAKE TO VERIFY OR UPDATE YOUR SUBSCRIBER INFORMATION IN THE DATABASE.
6. DISCLOSURE OF SUBSCRIBER ACCOUNT INFO
6.1 You hereby authorize Peabody Fire Alert to maintain in the Database the Subscriber Account Info provided by You, and understand and agree that a 911 call from any location associated with Your Subscriber Account will constitute permission by You for the Service to release to Public Safety Agencies all Subscriber Account Info for all locations, addresses, properties, businesses, contacts, persons, individuals, pets, or other entities listed in Your Subscriber Account.
6.2 In the event that a non-911 call made from a location listed in Your Your Subscriber Account Info is routed to a Public Safety Agency, You understand and agree that the call may be treated as a 911 call from that location and that any or all Subscriber Account Info associated with Your Subscriber Account may be released and disclosed to Public Safety Agencies responding to that non-911 call.
6.3 You also authorize the Service to release and disclose any or all of the Subscriber Account Info associated with Your Subscriber Account to Public Safety Agencies in the event that You have opted-in to the Extended Access Option.
6.4 You understand and agree that once Your Subscriber Account Info is made available by the Service to Public Safety Agencies for any reason, it may be transmitted over unsecured Public Safety Agency radios or may otherwise be made accessible through unsecured communication equipment as part of the information disseminated to or by Public Safety Agencies responding to a 911 call or any other situation.
7. Peabody Fire Alert SERVICES AVAILABILITY AND LIMITATIONS
7.1 Please note that Peabody Fire Alert is only available through participating Public Safety Agencies, and may not be available in Your area or location, or through all Public Safety Agencies and 911 Call Centers in Your area or location at the present time. By accepting this Agreement, You understand and agree that the Services and Your Subscriber Account Info will only be provided where facilities and operating conditions permit Peabody Fire Alert to provide such Services, and with Public Safety Agencies or 911 call centers that have elected to install and utilize Peabody Fire Alert Services and technology.
7.2 Not all Public Safety Agencies may have the ability to generate Alerts. By accepting this Agreement, You understand and agree that Alerts may not be a function available to every Public Safety Agency or 911 Call Center, even when the Public Safety Agency or 911 Call Center handling Your call has access to the Peabody Fire Alert Database and Your Subscriber Account Info.
7.3 In certain areas or locations, 911 calls may be routed to different Public Safety Agencies or 911 call centers depending on whether the caller requires fire, police, or emergency medical assistance. In such areas or locations, one or more Public Safety Agencies or 911 call centers may utilize Peabody Fire Alert Services and technology, while others may not. You understand and agree that Peabody Fire Alert has no control over the manner in which 911 calls may be routed, and therefore cannot guarantee that Public Safety Agencies responding to a particular 911 call will have access to the Peabody Fire Alert Services or Your Subscriber Account Info.
7.4 You understand and agree that at any particular time and in any particular situation, a variety of technical, operational and/or other factors may affect the availability of the Services, and may prevent Your Subscriber Account Info from being shared with Public Safety Agencies and 911 call centers or may prevent Public Safety Agencies from viewing or acting upon Your Subscriber Account Info, and that the availability, security, speed, timeliness, accuracy and reliability of the Services is not guaranteed. Peabody Fire Alert may not therefore be able to make Subscriber Account Info available to Public Safety Agencies, or facilitate communications with You or others identified within Your Subscriber Account Info.
7.5 You understand and agree that the Peabody Fire Alert Services cannot and do not replace, and are not intended to replace, Your verbal communication of important response information to Public Safety Agencies when making a 911 call or using any other communication method, and that during the course of a 911 call You may need to verbally provide Subscriber Account Info and any other relevant information to Public Safety Agencies.
7.6 You understand and agree that Peabody Fire Alert does not currently locate mobile devices.
7.7 You understand and agree that Your subscription to the Service does not constitute an agreement between You and any Public Safety Agencies, nor does it imply that any or all of the needs You have communicated in Your Subscriber Account Info will be met through public assistance.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES, REPRESENTATIONS AND WARRANTIES, RELEASE, DISCLAIMERS, LIMITATIONS OF LIABILITY, EXCLUSIVE REMEDY, DISPUTES AND INDEMNIFICATION
8.1 YOU REPRESENT AND WARRANT THAT YOUR SUBSCRIBER ACCOUNT INFO DOES NOT (i) VIOLATE, MISAPPROPRIATE OR INFRINGE ANY RIGHTS OF STI, Peabody Fire Alert OR ANY THIRD PARTY, (ii) CONSTITUTE DEFAMATION, INVASION OF PRIVACY OR PUBLICITY, OR OTHERWISE VIOLATE ANY RIGHTS OF ANY THIRD PARTY, OR (iii) IS DESIGNED FOR USE IN ANY ILLEGAL ACTIVITY OR PROMOTES ILLEGAL ACTIVITIES, INCLUDING, WITHOUT LIMITATION, IN A MANNER THAT MIGHT BE LIBELOUS OR DEFAMATORY OR OTHERWISE MALICIOUS, ILLEGAL OR HARMFUL TO ANY PERSON OR ENTITY, OR DISCRIMINATORY BASED ON RACE, SEX, RELIGION, NATIONALITY, DISABILITY, SEXUAL ORIENTATION, OR AGE; (iv) THAT THE SUBSCRIBER ACCOUNT INFO CONTAINS NO HARMFUL COMPONENTS; AND (v) TO THE EXTENT TO WHICH YOU USE ANY OF THE Peabody Fire Alert SERVICES, THAT YOU WILL CONDUCT YOURSELF IN A MANNER AND IN A WAY THAT REFLECTS FAVORABLY ON THE GOODWILL AND REPUTATION OF Peabody Fire Alert AND STI.
8.3 YOU REPRESENT AND WARRANT THAT: (i) THE INFORMATION YOU PROVIDE IN CONNECTION WITH YOUR REGISTRATION THROUGH THE Peabody Fire Alert WEBSITE REGISTRATION PROCESS IS ACCURATE AND COMPLETE; AND (ii) WHERE APPLICABLE YOU ARE AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, DULY AUTHORIZED TO ACCESS THE SERVICES AND TO LEGALLY BIND YOUR EMPLOYER TO THIS AGREEMENT AND ALL TRANSACTIONS CONDUCTED UNDER YOUR ACCOUNT.
8.4 CERTAIN CONTENT, PRODUCTS, AND SERVICES AVAILABLE VIA THE Peabody Fire Alert WEBSITE AND SERVICES, AND YOUR SUBSCRIBER ACCOUNT (OR LINKS CONTAINED THEREIN) MAY INCLUDE MATERIALS, SOFTWARE, PLUG-INS, APPLICATIONS AND OTHER RESOURCES FROM THIRD PARTIES AND ACCESS TO THIRD PARTY WEBSITES AND/OR APPLICATIONS (COLLECTIVELY "THIRD PARTY MATERIALS"). YOU UNDERSTAND AND AGREE THAT STI IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY OF ANY SUCH THIRD PARTY MATERIALS AND THAT STI DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME (AND WILL NOT HAVE) ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD PARTY MATERIALS OR ANY DAMAGE OR LOSS RESULTING THEREFROM. THE AVAILABILITY OF THIRD PARTY MATERIALS IS PROVIDED SOLELY AS A CONVENIENCE TO YOU. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY THIRD PARTY MATERIALS, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. PLEASE ALSO REMEMBER THAT ALL USE OF THE Peabody Fire Alert WEBSITE AND SERVICE IS SUBJECT TO THE Peabody Fire Alert Terms of Service.
8.5 YOU UNDERSTAND AND AGREE THAT Peabody Fire Alert WILL ATTEMPT TO MAKE YOUR SUBSCRIBER ACCOUNT INFO AVAILABLE TO PUBLIC SAFETY AGENCIES ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND THAT THIS IS THE SOLE AND EXCLUSIVE LIMITED WARRANTY OFFERED BY STI FOR Peabody Fire Alert SERVICES. Peabody Fire Alert MAKES NO REPRESENTATION OR WARRANTY THAT IT WILL BE ABLE TO MAKE YOUR SUBSCRIBER ACCOUNT INFO AVAILABLE TO PUBLIC SAFETY AGENCIES, OR THAT PUBLIC SAFETY AGENCIES WILL BE ABLE TO ACCESS OR UTILIZE YOUR SUBSCRIBER ACCOUNT INFO OR SUCCESSFULLY DISSEMINATE ALERTS.
8.6 YOU UNDERSTAND AND AGREE THAT STI, Peabody Fire Alert, AND ANY PUBLIC SAFETY AGENCIES, INCLUDING BUT NOT LIMITED TO THE OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR POLITICAL SUBDIVISIONS OF EACH OF THE FOREGOING, TO WHICH Peabody Fire Alert MAKES SUBSCRIBER ACCOUNT INFO OR ALERTS AVAILABLE, WHERE IT IS POSSIBLE TO DO SO, ACCEPT NO RESPONSIBILITY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXCLUDE AND DISCLAIM ANY AND ALL LIABILITY WHATSOEVER TO YOU AND ANY OTHER PERSON OR PERSONS CLAIMING THROUGH YOU, INCLUDING BUT NOT LIMITED TO YOUR PERSONAL REPRESENTATIVES, SPOUSE, ASSIGNS, HEIRS AND NEXT OF KIN, FOR ANY AND ALL PERSONAL INJURY TO YOU OR FOR DEATH OR LOSS, INFRINGEMENT OR INVASION OF PRIVACY OF YOU OR ANY OTHER PERSON OR PERSONS, OR FOR ANY LOSS, LIABILITY, DAMAGE, COST OR DESTRUCTION OF ANY PROPERTY, WHETHER OWNED BY YOU OR OTHERS, OR FOR ANY BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY OR ANY OTHER LOSS WHATSOEVER, THAT MAY RESULT FROM FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, OR FOR ANY AND ALL CLAIMS OR DEMANDS THEREFOR, THAT MAY RESULT FROM USE, NON-USE OR INABILITY TO USE Peabody Fire Alert SERVICES OR THAT IS RELATED TO SUBSCRIBER ACCOUNT INFO THAT IS INACCURATE, SUBSCRIBER ACCOUNT INFO THAT IS, OR IS NOT, MADE AVAILABLE TO PUBLIC SAFETY AGENCIES, OR SUBSCRIBER ACCOUNT INFO THAT IS NOT RECEIVED OR, IF RECEIVED, IS NOT UTILIZED, OR IF UTILIZED, IS NOT PROPERLY OR CORRECTLY UTILIZED, BY ANY PUBLIC SAFETY AGENCIES OR ANY OTHER PERSONS, INCLUDING WITHOUT LIMITATION ANY PUBLIC SAFETY AGENCY THAT MAY BE RELYING UPON SUBSCRIBER ACCOUNT INFO, OR ALERTS.
8.7 YOU UNDERSTAND AND AGREE THAT STI, Peabody Fire Alert, AND ANY PUBLIC SAFETY AGENCIES, INCLUDING WITHOUT LIMITATION THE OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR POLITICAL SUBDIVISIONS OF EACH OF THE FOREGOING, TO WHICH Peabody Fire Alert MAKES SUBSCRIBER ACCOUNT INFO AND ALERTS AVAILABLE: (i) ARE INTENDED TO BE AND SHALL BE REGARDED AS DIRECT AND/OR THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT BETWEEN YOU AND Peabody Fire Alert; (ii) RESERVE AND MAY ASSERT AGAINST YOU (AND ANY OTHER PERSON OR PERSONS CLAIMING THROUGH YOU, INCLUDING BUT NOT LIMITED TO YOUR PERSONAL REPRESENTATIVES, SPOUSE, ASSIGNS, HEIRS AND NEXT OF KIN), ALL OF THE DEFENSES, LIMITATIONS OF SERVICE, DISCLAIMERS AND LIMITATIONS OF LIABILITY, EXCLUSIONS OF DAMAGES, AND DISCLAIMERS OF WARRANTIES THAT ARE CONTAINED IN THIS AGREEMENT, AND; (iii) DO NOT SURRENDER OR RELINQUISH IN ANY MANNER ANY CLAIMS OR DEFENSES THEY MAY OTHERWISE BE ABLE TO ASSERT AGAINST YOU (AND ANY OTHER PERSON OR PERSONS CLAIMING THROUGH YOU, INCLUDING BUT NOT LIMITED TO YOUR PERSONAL REPRESENTATIVES, SPOUSE, ASSIGNS, HEIRS AND NEXT OF KIN) AS A RESULT OF THEIR INVOLVEMENT IN TRANSMITTING OR RESPONDING TO A 911 CALL, OR TRANSMITTING, VIEWING, OR UTILIZING YOUR SUBSCRIBER ACCOUNT INFO, OR ALERTS.
8.8 YOU UNDERSTAND AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE EACH OF STI, Peabody Fire Alert, AND ANY PUBLIC SAFETY AGENCIES TO WHICH Peabody Fire Alert MAKES SUBSCRIBER ACCOUNT INFO OR ALERTS AVAILABLE, INCLUDING BUT NOT LIMITED TO THE OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS AND/OR POLITICAL SUBDIVISIONS OF EACH OF THE FOREGOING (ALL COLLECTIVELY REFERRED TO HEREIN AS "RELEASEES"), FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, OR COST OF EVERY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, AND FROM ANY AND ALL PRESENT AND FUTURE CLAIMS, DEMANDS, CAUSES OF ACTION, AND LAWSUITS THEREFOR, IN LAW OR EQUITY, BY YOU OR ANY PERSON DESIGNATED BY YOU AS A MEMBER OF YOUR HOUSEHOLD, OR BY ANY OTHER PERSON OR PERSONS CLAIMING THROUGH YOU, INCLUDING BUT NOT LIMITED TO YOUR PERSONAL REPRESENTATIVES, SPOUSE, ASSIGNS, HEIRS OR NEXT OF KIN, FOR ANY PERSONAL INJURY, DEATH, OR LOSS, DAMAGE, OR DESTRUCTION OF ANY PROPERTY, WHETHER OWNED BY YOU OR OTHERS, OR FOR ANY LOSS, INFRINGEMENT OR INVASION OF PRIVACY OF YOU OR OTHERS, OR FOR ANY BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY OR ANY OTHER LOSS WHATSOEVER, THAT MAY RESULT FROM FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, OR FROM USE, NON-USE OR INABILITY TO USE Peabody Fire Alert SERVICES OR SUBSCRIBER ACCOUNT INFO OR FROM SUBSCRIBER ACCOUNT INFO THAT IS INACCURATE, SUBSCRIBER ACCOUNT INFO THAT IS, OR IS NOT, MADE AVAILABLE TO PUBLIC SAFETY AGENCIES, OR SUBSCRIBER ACCOUNT INFO THAT IS NOT RECEIVED OR, IF RECEIVED, IS NOT UTILIZED, OR IF UTILIZED, IS NOT PROPERLY OR CORRECTLY UTILIZED BY ANY PUBLIC SAFETY AGENCIES OR ANY OTHER PERSONS, INCLUDING WITHOUT LIMITATION ANY PUBLIC SAFETY AGENCIES THAT MAY BE RELYING UPON SUBSCRIBER ACCOUNT INFO OR ALERTS.
8.9 YOU UNDERSTAND AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ANY AND ALL RELEASEES FROM ANY AND ALL LIABILITY, LOSS, DAMAGE OR COST OF EVERY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, AND FROM ANY AND ALL PRESENT AND FUTURE CLAIMS, DEMANDS, CAUSES OF ACTION, AND LAWSUITS THEREFOR, IN LAW OR EQUITY, BY YOU OR ANY PERSON DESIGNATED BY YOU AS A MEMBER OF YOUR HOUSEHOLD, OR BY ANY OTHER PERSON OR PERSONS CLAIMING THROUGH YOU, INCLUDING BUT NOT LIMITED TO YOUR PERSONAL REPRESENTATIVES, SPOUSE, ASSIGNS, HEIRS OR NEXT OF KIN, FOR ANY LOSS, INFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE DISCLOSURE OF ANY SUBSCRIBER ACCOUNT INFORMATION OR SUBSCRIBER ACCOUNT INFO, INSTALLATION, OPERATION, FAILURE TO OPERATE, MAINTENANCE, REMOVAL, PRESENCE, CONDITION, OCCASION, DISCLOSURE, USE, NON-USE OR INABILITY TO USE Peabody Fire Alert SERVICES AND SUBSCRIBER ACCOUNT INFO AND THE EQUIPMENT AND FACILITIES ASSOCIATED THEREWITH, INCLUDING, BUT NOT LIMITED TO, THE IDENTIFICATION OF YOU OR PERSONS INCLUDED IN YOUR RESPONDER ACCOUNT INFO, OR ANY OTHER PERSON.
8.10 RELEASEES MAY, BUT SHALL NOT UNDER ANY CIRCUMSTANCES HAVE ANY DUTY TO, CONTACT ANY PERSON(S) WHOM YOU MAY HAVE IDENTIFIED AS A PERSONAL CONTACT OR PERSON TO BE CONTACTED AS PART OF YOUR SUBSCRIBER ACCOUNT INFO, OR TO NOTIFY ANY SUCH PERSON THAT YOU, YOUR HOUSEHOLD, OR ANY MEMBER OF YOUR HOUSEHOLD IS, MAY OR MIGHT BE INVOLVED IN ANY EMERGENCY SITUATION, WHETHER OR NOT YOU MAY HAVE CALLED 911 OR OTHERWISE CALLED OR CONTACTED ANY PUBLIC SAFETY AGENCIES.
8.11 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STI, Peabody Fire Alert OR ANY OTHER RELEASEE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FROM LOSS OF PROFITS, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, OR LOSS DUE TO BUSINESS INTERRUPTION) FROM OR DUE TO THE USE, MISUSE OR INABILITY TO USE Peabody Fire Alert SERVICES OR ANY SUBSCRIBER ACCOUNT INFO, OR FROM ANY LOSS, LIABILITY, DAMAGE, OR COST ASSOCIATED WITH Peabody Fire Alert OR ITS SERVICES, FACILITIES AND EQUIPMENT, EVEN IF Peabody Fire Alert HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT THE USE OF Peabody Fire Alert SERVICES IS AT YOUR SOLE RISK AND THAT Peabody Fire Alert IS PROVIDED SOLELY ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
8.12 STI AND Peabody Fire Alert EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, DUTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES, DUTIES OR CONDITIONS OF GOOD FAITH, REASONABLE CARE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, AVAILABILITY, COMPLETENESS, ACCURACY, RESULTS, WORKMANSHIP, WORKMANLIKE EFFORT, LACK OF VIRUSES, LACK OF NEGLIGENCE, PERFORMANCE DESPITE LOSS OF ELECTRICAL POWER, SUITABILITY, OR NON-INFRINGEMENT, PERTAINING TO Peabody Fire Alert SERVICES AND THE PROVISION OR FAILURE TO PROVIDE Peabody Fire Alert SERVICES OR SUPPORT OR INFORMATION FOR THE Peabody Fire Alert SERVICES OR OTHER SERVICES, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF ANY WARRANTY OR DUTY, BY STI, Peabody Fire Alert, OR ANY RELEASEE.
8.13 IF IT IS SHOWN THAT, DUE TO ITS SOLE FAULT, STI FAILED TO MAKE A GOOD FAITH EFFORT TO MAKE THE Peabody Fire Alert SERVICE AND/OR SUBSCRIBER ACCOUNT INFO AVAILABLE TO PUBLIC SAFETY AGENCIES WHEN A 911 CALL WAS MADE FROM A LOCATION LISTED IN THE SUBSCRIBER ACCOUNT INFO, OR TO FACILITATE ALERTS BETWEEN A PUBLIC SAFETY AGENCY AND YOU, OR IN RESPONSE TO A QUERY INITIATED BY A PUBLIC SAFETY AGENCY, STI'S LIABILITY SHALL BE LIMITED, AND YOUR SOLE AND EXCLUSIVE REMEDY WILL AT ALL TIMES BE LIMITED, TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO Peabody Fire Alert FOR USE OF THE SERVICES DURING THE TERM OF MEMBERSHIP, OR (ii) $100.
8.14 YOU AS A SUBSCRIBER EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF THE FOREGOING PROVISIONS OF THIS SECTION OF THE AGREEMENT IS INTENDED TO BE AS COMPLETE, UNCONDITIONAL, BROAD AND INCLUSIVE AS LEGALLY PERMITTED BY APPLICABLE LAW.
8.15 STI, Peabody Fire Alert, OR ANY OTHER RELEASEE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITIES, LOSSES (INCLUDING ANY LOSS OF DATA OR PROFITS) OR ANY OTHER CONSEQUENCES THAT YOU MAY INCUR WITH RESPECT TO LOSS OF DATA ASSOCIATED WITH YOUR SUBSCRIBER ACCOUNT, SUBSCRIBER ACCOUNT INFO, AND DATA THEREIN.
9. TERMINATION AND SUSPENSION
9.1 The term ("Term") of this Agreement will commence once You accept this Agreement as provided above, or otherwise use the Website or Services. The Agreement will remain in effect until terminated by You or STI in accordance with this Section 9.
9.2 You may terminate Your Peabody Fire Alert Subscriber Account for any reason or no reason at all, at Your convenience, at any time by clicking on the "Terminate Account" link on the Peabody Fire Alert Website, thereby by closing Your Subscriber Account.
9.3 If You terminate Your Peabody Fire Alert Subscriber Account, or if Your Peabody Fire Alert Subscriber Account is terminated for any other reason, then Peabody Fire Alert will no longer provide Subscriber Account Info or Alerts associated with the terminated Service to Public Safety Agencies in the event of a 911 call, or facilitate the appearance of Your Subscriber Account Info in the results of data queries made by Public Safety Agencies.
9.4 You understand and agree that STI reserves the right to suspend or immediately terminate Peabody Fire Alert Services to any Subscriber whose acts or pattern of activity interferes or threatens to interfere in any manner with Peabody Fire Alert's or any Public Safety Agency's operations or ability to provide Services to its Subscribers or the general public. You understand and agree that STI may immediately terminate Your Subscriber Account in the event that You breach any provision of this Agreement. Furthermore You understand and agree STI may suspend Your right and license to use any or all Services or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to You), for any reason or for no reason, at our discretion at any time, without notice.
9.5 Peabody Fire Alert may maintain Subscriber Account Info on its archived Databases for up to 12 months after a Subscriber Account is deleted, including for the purpose of use in connection with any criminal, civil or other legal action.
9.6 Upon termination of this Agreement for any reason: (i) You remain liable for any obligations You have incurred through the date of termination with respect to the Services; and (ii) all of Your rights under this Agreement shall immediately terminate.
9.7 In the event this Agreement expires or is cancelled or terminated for any reason, Sections 1,6,7,8,10,11,12 and 14 and any applicable definitions will survive any such expiration, cancellation or termination.
10. Downtime and Service Suspensions; Security
10.1 In addition to our rights to terminate or suspend the Peabody Fire Alert Services to You as described in Section 9 above, You acknowledge that:
(i) Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) We shall also be entitled, without any liability to You, to suspend access to any portion or all of the Services at any time, on a Service-wide basis for scheduled downtime to permit Us to conduct maintenance or make modifications to any Service, or for any other reason.
10.2 Without limitation to Section 8, STI and Peabody Fire Alert shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent We are able, We will endeavor to provide You notice of any Service Suspension in accordance with the notice provisions set forth in this Section 10 and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which We may do so or if We fail to do so.
10.3 STI and Peabody Fire Alert strive to keep information You provide to Us secure, but cannot guarantee that We will be successful at doing so. Accordingly, without limitation to Section 3, 4, 5 and 6 above, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your Subscriber Account Info. We will have no liability to You for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your Subscriber Account Info.
11. Miscellaneous Provisions
11.1 SURVIVABILITY. Any provision of this Agreement that by its nature should survive the termination of Your subscription to the Peabody Fire Alert Services, including without limitation the provisions of the Section 8 above entitled "EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES, REPRESENTATIONS AND WARRANTIES, RELEASE, DISCLAIMERS, LIMITATIONS OF LIABILITY, EXCLUSIVE REMEDY, DISPUTES AND INDEMNIFICATION", shall survive any such termination without limitation.
11.2 Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
11.3 Waivers. The failure by STI to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by Us must be in writing to be effective.
11.4 Successors and Assigns. This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
11.5 Jurisdiction. By putting a check mark next to "I AGREE" and clicking "ACCEPT", You agree that the laws of the Province of Ontario, Canada, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between You and Us.
11.6 Disputes. Notwithstanding anything to the contrary, We may seek injunctive or other relief in any state, provincial, federal, or national court of competent jurisdiction for any actual or alleged infringement of STI's or any third party's intellectual property rights and/or proprietary rights. You further acknowledge that Our rights in Peabody Fire Alert, the Peabody Fire Alert Services, and all associated properties and Trademarks are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
11.7 Assignability. STI may assign this Agreement, including without limitation to any successor or assignee of STI in the event of a sale or transfer of STI or the Peabody Fire Alert Services. You are not permitted to assign this Agreement without the prior written consent of STI.
11.8 International Sale of Goods. Export and Import Control Laws and Regulations. You and STI hereby agree to opt out from and expressly exclude any applicability of the Uniform Information Transactions Act (UCITA). Services, Content, and product derived or obtained from STI's Services may be subject to the U.S. and Canadian export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S., Canadian or Your local laws; (b) not use Services, Content, or direct product from STI's Services to design, develop or produce missile, chemical/biological, or nuclear Weaponry; and (c) not provide Services, Content, or direct product from STI's Services to prohibited countries and entities identified in the U.S. or Canadian export regulations.
11.9 No Agency. Nothing in this Agreement shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between STI and You.
11.10 No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiary to this agreement.
11.11 Compliance with Children's Online Privacy Protection Act ("COPPA").
(i) You represent and warrant that You understand that Peabody Fire Alert does not market to, or seek or expect or have any reason to expect any contact or information or registration from, any person under eighteen (18) years of age. You further represent and warrant that, in compliance with COPPA, You are over thirteen (13) years of age, and that, if You are registering for or providing any information for a child under fourteen (14) years of age, You are the parent or legal guardian of such child, and that You are authorized to provide Subscriber Account Info for such child.
(ii) You represent and warrant that You are eighteen (18) years of age or older and legally authorized to provide to Peabody Fire Alert Subscriber Account Info for any person whom You have designated as part of Your Household and that such Subscriber Account Info does not infringe or invade the privacy of any such person.
12.1 YOU AND STI BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. YOU AND STI ALSO BOTH AGREE THAT:
12.2 THE ONTARIO ARBITRATION ACT 1991 APPLIES TO THIS AGREEMENT. ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR IN RESPECT OF ANY LEGAL RELATIONSHIP ASSOCIATED WITH OR DERIVED FROM THIS AGREEMENT, SHALL BE FINALLY RESOLVED BY ARBITRATION PURSUANT TO THE THE SIMPLIFIED ARBITRATION RULES OF THE ADR INSTITUTE OF CANADA, INC. THE PLACE OF ARBITRATION SHALL BE TORONTO, ONTARIO. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE ADR INSTITUTE OF ONTARIO (WWW.ADRONTARIO.CA) OR FROM US.
YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
12.3 THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE ADR INSTITUTE OF CANADA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.
12.4 IF EITHER YOU OR STI INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO STI SHOULD BE SENT AS REQUIRED BY THIS AGREEMENT. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF YOU AND STI ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.
12.5 AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
12.6 IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SECTION 12.3 CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
12.7 IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND STI AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND STI UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. YOU AND STI ALSO AGREE THAT ANY DISPUTE HEREUNDER SHALL BE ADJUDICATED IN ANY PROVINCIAL OR FEDERAL COURT IN TORONTO, ONTARIO, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS.
13. NOTICES AND NOTIFICATIONS/COMMUNICATIONS
13.1 Except as otherwise stated, any notice to Peabody Fire Alert shall be given by certified mail to Symposium Technologies, Inc., 1 Yonge Street St, Toronto, ON M5E 1W7, (or by e-mail to legal@PeabodyFireAlert.com). Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
13.2 STI reserves the right to send any and all communications pertaining to Peabody Fire Alert Services to Subscribers by electronic mail, with no obligation to provide notice by U.S. Mail, Canada Post, or any other means even if Our attempt to transmit such communication to Your electronic mail address fails for any reason. STI may, but is not obligated to, undertake repeated efforts to send such communications to You by electronic mail if it receives notification that the attempted electronic mail communication failed for any reason.
13.3 You understand and agree that Peabody Fire Alert may send You certain communications, such as announcements, newsletters, service announcements and other administrative messages, and that these communications are considered part of Your subscription. Your ability to opt out of these communications will be governed by applicable laws and Peabody Fire Alert's policies.
14. Entire Agreement
YOU AS A SUBSCRIBER AGREE THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND VOLUNTARILY AGREE TO, ALL OF THE ABOVE TERMS AND CONDITIONS OF SERVICE.
The above Terms of Service agreement is copyright Symposium Technologies Incorporated, 2013. All Rights Reserved.