The Services allow authorized users to send emergency notifications through the Services. The purpose of these notifications is solely to provide information. Only FEMA (Federal Emergency Management Agency) and authorized Users are permitted to launch messages through the Services. Authorized Users may include local municipalities, schools, businesses, other government entities or organizations (“Customers”) that contract with CommPower for the ability to launch messages through the Services. In the event of an emergency, it is your responsibility to call 9-1-1 or your local emergency provider.
All types of users are solely responsible for complying with all laws, and agree to indemnify CommPower from any and all damages, demands, claims, liability, including reasonable attorneys’ fees, costs, and expenses, which arise from failure to comply with any laws.
Use of Passwords; Internet
You must have a valid username and password for the purpose of accessing the Services.
- Username and password shall be used only by you and shall not be shared or transferred.
- You are entirely responsible for maintaining the confidentiality of your username and password.
- You will be entirely responsible for any and all activities that occur under your account.
- You agree to notify your affiliated Customer or CommPower immediately of any unauthorized use of your account or any other breach of security.
- You agree to ensure that you properly exit from your website session at the end of each visit to our Website.
- Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Company does not guarantee the security of any information transmitted to or from any user over the Internet, including through the use of e-mail. Access to the Internet, if employed, is your sole responsibility and the responsibility of the Internet provider(s) you select. Company does not accept any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment.
Use of the Services
You agree as part of your participation, and as a condition of use of the Services to:
- To use the Services only to post, send and receive messages and content that are proper.
- To provide true, accurate and complete information.
- Be solely responsible for the accuracy and completeness of your contact data.
- Update the contact data as required.
- You will not register contact data for anyone else unless that right has been legally assigned to you.
- Keep your account confidential and secure.
- Create a false identity for the purpose of misleading others.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material, or information.
- Upload, or otherwise make available, files that contain audio, images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Restrict or inhibit any other registered user from using and enjoying the Services.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Obtain or attempt to obtain any Content or information regarding users of the Services through any means not intentionally made available through the Services.
- Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems or networks connected to any Company server or to any part of the Services, through hacking, password mining or any other means.
- Use the Services in any manner that could damage, disable, overburden, or impair any Company server or other property, or any network(s) connected to any Company server.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Disassemble, decompile, or reverse engineer the software used to provide the Services, or use a robot, spider, or any similar device to copy or catalog the Content or any portion thereof.
- Take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Services' control or security systems, or allow or assist a third party to do so.
Children under the age of 13 are not permitted to use the Services. By using the Services, you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parents’ permission to use the Services.
CommPower’s SMS (Short Message Service) notification services are in compliance with applicable telecommunications regulations. These include:
- The ability to opt-out of the service through the Website or texting “STOP” to the iNOTiFY number from a registered mobile device.
- SMS HELP functions by texting “HELP” to the iNOTiFY number.
- Anti-spamming. SMS issuance is limited to authorized notification services.
- SMS delivery is limited to the carriers supported by Twilio Cloud Services.
You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to and use of the Services.
Communications from Company
You consent to receive communications from Company electronically. Company will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically shall satisfy any legal requirement that such communications be in writing.
Company may periodically contact you for customer service purposes. By accessing the Services, you consent to receive such communications. Your participation in such customer service initiatives shall be entirely voluntary. Company shall keep any personally identifiable information obtained through such initiatives confidential, except as required by law. Company may use, in the aggregate, any information gained through such customer service initiatives that is not personally identifiable in its marketing or sales materials and initiatives.
Company will maintain proper antivirus and security programs and make every effort to ensure that its Services are error- and virus-free but does not warrant that the material available from the Services will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. Company shall not be liable for any loss or damage suffered by you as a result of using public network connections, failing to have an up to date and effective anti-virus and anti-malware software or failing to notify us that your device has been infected by any type of malicious software. Company shall be liable for Company’s failure to maintain proper antivirus and security programs, as well as a failure to make every effort to ensure services are error-and virus-free. Company’s liability shall not exceed the amount of the Service fees paid for the current service period (maximum 1 year).
Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. CommPower does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Modifications To Terms
Company Specific Disclaimers
You acknowledge and understand the uncertainties associated with precise predictability of weather conditions. The Services provide information using gridded forecast data provided by the National Weather Service as well as third party predictive ice damage and lightning data. Though this data is considered best-of-breed, Company does not and cannot make any express or implied warranties, guarantees or assertions that the weather/damage information presented by the Services will occur as forecast or has occurred. Company has no responsibility or liability to you or to anyone else for any inconsistency, inaccuracy or omission in any part of the information that is presented by the Services.
THE SERVICES ARE PROVIDED AS IS, AND YOU EXPRESSLY AGREE TO USE THE SERVICES AT YOUR RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THESE INCLUDE WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR OUTPUT, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT.
Limitations of Liability
COMMPOWER SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF COMMPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES; ANY INABILITY TO ACCESS OR USE THE WEBSITE OR THE SERVICES; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICES.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SERVICES.
Your Role Within Your Organization
The Information We Collect
At the time you register on any of our Services (via self-service interfaces or via an iNOTiFY Customer on your behalf) we collect, retain and use non-public personal information about visitors and our potential, current and former Customers. The type of information we collect is as follows:
- Information that you provide to us at the time of registration such as name, address, zip code and phone number.
- Records and copies of your correspondence (including e-mail addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Your search queries through the Services.
- Audio, photos, or videos submitted through the Services.
- Reports on activities submitted through the Services.
- Reports on weather conditions.
- Information from the Customer such as your relationship to the Customer, employment status and public record information.
Information Collected Through Other Means
As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Specific geographic location where you are currently located. Please note that turning location services off will disable certain services in the application, including geo-targeted severe alerts.
- Information about your device and device capabilities, and device operating system.
- Information about the applications on your device.
- Information about how you use the Services.
- Your activities on the Services IP address(es).
- Device identifier.
- Browser type and Browser identifier.
Content Submissions. If you upload audio, videos or photos, you have to be registered and logged into this feature, and you will be required to provide us with a user name and password. If you provide us with content, any metadata, including, without limitation, geo-location and tags, in that content may become publicly available if you or your affiliated iNOTiFY Customer organization(s) authorize this information for public release.
How We Use The Information We Collect
We use Customer Data only for purposes pursuant to the provision of the iNOTiFY Services and in accordance with the Customer Services Agreement. These uses include but are not limited to:
- Notification services.
- Customer support.
- Notification of new features and services.
- Changes to the Website access portals.
- We may also use Customer Data to contact you regarding administrative notices, to resolve disputes, troubleshoot problems and enforce our Customer Services Agreement.
How We Share Your Information
We use information collected on the Services, and disclose information to third parties, including your physical geographic location, to help fulfill your requests or in connection with the operation of the Services, for example to service your account, conduct a transaction or provide a service that you have requested, or to fulfill our Customer Services Agreement obligations with our Customers to which you are affiliated.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. Our service providers are authorized to use Customer Data we share with them only as necessary to provide services to us.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including responding to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of CommPower, our Customers or others. However, all such disclosure shall comply with any applicable Customer Services Agreement.
We do not sell or rent personally-identifying information collected during your use of our Services to others.
Data Controlled by our Customers
Please note that if you are accessing our Services as an employee, resident or other designee of one of our Customers you will need to make any changes to your contact information through that Customer. CommPower has no direct relationship with the individuals whose personal data it processes on behalf of Customers. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Customer (the data controller). If the Customer requests CommPower to remove the data, we will respond to their request within 30 business days.
When you use our Website, we may store cookies on your computer. Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device. We do not link the information we store in cookies to any personally identifiable information you submit while in our Website.
Our Commitment to Security
We employ reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. Your account information and profile are password-protected. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Remember to sign out of your account and close your browser window when you have finished your session. This is to help ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it.
Whenever you voluntarily disclose personal information online--for example on message boards, through e-mail or in chat areas--that information can be collected and used by others.
No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.
We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Services are not intended and are not permitted to be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Services to children under the age of 13.