Alert Systems Inc. (“ASI”) provides a web site (currently located at http://www.emalert.com) (the
"Site"). ASI provides the Site to you subject to your compliance with the Terms and Conditions
below. PLEASE READ THIS BEFORE ACCESSING THE SITE. BY USING THE SITE YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS DO NOT ACCESS OR USE THE SITE.
1. Modifications to the Terms and Conditions
- ASI reserves the right to change these Terms and Conditions at any time. Notice of any
changes to the Terms and Conditions will be posted on this screen. You agree to review
the Terms and Conditions periodically and, in any event, each time such notice is posted.
Your continued use of the Site will constitute agreement to abide by and be bound by the
Terms and Conditions as modified.
2. No Unlawful or Prohibited Use
As a condition of your use of the Site, you represent and warrant that you will not use the
Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
3. Ownership of Content
The materials used and displayed on the Site, including but not limited to text, software,
photographs, graphics, illustrations, artwork, video, music, sound, and names, logos and
trade-marks are the property of ASI or its licensors and are protected by copyright, trade-
mark and other laws. Any such content may be displayed solely for your personal, non-
commercial use and you agree not to modify, reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or circulate any such material without the prior
written permission of ASI.
4. Disclaimer
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, THE SITE AND ANY DATA AND/OR INFORMATION ASSOCIATED
WITH THE SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, ASI IS NOT RESPONSIBLE OR LIABLE FOR THE
SUITABILITY, ACCURACY, VALIDITY OR RELIABILITY OF THE SITE FOR ANY PURPOSE.
5. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ASI BE LIABLE
FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS
(INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR LOSS OF PROFITS
OR LOSS OF BUSINESS OPPORTUNITIES, DELAY OR INABILITY TO USE THE SITE,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS, DEFECTS,
DELAYS IN PREPARATIONS OR TRANSMISSIONS) ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE.
6. Chatrooms and Submitting Information
The Site may contain bulletin board services, chatrooms, news groups, forums or other
such communication services designed to enable you to communicate with the public or
with a particular group (collectively, “Chatrooms”). You agree that while visiting the Site or
participating in any Chatroom available on the Site you will not do any of the following:
- Post, transmit or otherwise distribute information constituting or encouraging
conduct that would constitute a criminal offense or give rise to civil liability, or
otherwise use the Site, including any Chatrooms, in a manner which is contrary to
law or would serve to restrict or inhibit any other user from using or enjoying the
Site or the Internet; - Post or transmit any information or software that contains a virus, cancelbot, trojan
horse, worm or other harmful or disruptive component; - Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Collect information about others, including e-mail addresses, without their
consent; - Upload, post, publish, transmit, reproduce or distribute in any way, information,
software or other material obtained through the Site which is protected by
copyright, or other intellectual property or proprietary right, or derivative works with
respect thereto, without obtaining permission of the copyright owner or rightholder;
or - violate any applicable laws or regulations.
- You shall be responsible for, and hereby indemnify and hold harmless ASI, its
subsidiaries, affiliates, directors, officers, agents and employees against any claim
arising from any material that you post, input, upload, provide, submit or transmit
(“Submitted Information”) to the Site or to ASI through e-mail or otherwise. Always use
caution when providing personally identifying information about yourself in any Chatroom
or otherwise. Any Submitted Information will be treated as non-confidential subject to our
privacy policy. You assume full responsibility and liability for any Submitted Information
and you grant ASI a fully transferable, perpetual, irrevocable, worldwide and royalty free
licence to use, edit, copy, publish and distribute the Submitted Information in any medium,
existing currently or future technology yet to be developed, and for any purpose. No
compensation will be paid with respect to the use of any Submitted Information. By
posting, uploading, inputting, providing, submitting or transmitting your Submitted
Information you represent and warrant that you own or otherwise control all of the rights
thereto including, without limitation, all the rights necessary for you to provide, post,
upload, input, submit or transmit the Submitted Information.
ASI has no obligation to monitor the Site and in particular any Chatroom on the Site.
However, you agree that ASI has the right to monitor the Site electronically from time to
time and, subject to applicable privacy laws, to disclose any information as necessary to
satisfy any law, regulation or other governmental request, to operate the Site properly, or
to protect itself or its end users. ASI reserves the right to edit, refuse to post or to remove
any information or materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, or in violation of this Agreement. ASI reserves the right to
terminate your access to any Chatroom at any time without notice for any reason
whatsoever.
You acknowledge that ASI does not control the information available in any Chatroom and
that such communications are not considered to be reviewed, screened, approved by or
endorsed by ASI, and that the authors of such communications are solely responsible
and liable for their content.
7. Third Party Sites
ASI may provide links to third party websites. These links are provided for convenience
only and we do not endorse or approve the information contained in those sites or
guarantee its accuracy or timeliness. The content in any linked site is not under our
control and if you choose to access any such website, you do so at our own risk.
8. General Provisions
This Agreement, including any documents referenced herein, constitutes the entire
agreement between ASI and you pertaining to the subject matter hereof and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and ASI with respect to the Site. A printed version of
this Agreement and of any notice given in electronic form shall be advisable in judicial or
administrative proceedings based upon or relating to this Agreement to the same extent
and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. ASI’s failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a waiver of any
provisions or right. If any of the provisions contained in this Agreement are determined to
be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such
determination shall not affect the remaining provisions contained herein. This Agreement
shall be governed by and construed in accordance with the laws of the state of Wisconsin
and the laws of the United States applicable therein.
