THIS APPLICATION IS CURRENTLY MADE AVAILABLE SOLELY IN CONNECTION WITH RESEARCH CONDUCTED BY THE APPLICATION PROVIDER. IT IS MADE AVAILABLE "AS-IS" AND WITHOUT GUARANTEE OF ACCURACY, RELIABILITY, OR CONTINUED ACCESS.
THIS APPLICATION PROVIDES AUTOMATED ALERTS BASED ON GUNSHOT DETECTION TECHNOLOGY AND RELATED DATA SOURCES. THESE ALERTS ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE ACCURATE, COMPLETE, OR TIMELY.
THIS APP IS NOT A SUBSTITUTE FOR 911 OR OTHER EMERGENCY SERVICES. USERS SHOULD NOT RELY ON THIS APPLICATION TO REPORT EMERGENCIES OR TO OBTAIN EMERGENCY ASSISTANCE. IN ANY SITUATION INVOLVING IMMEDIATE DANGER, SUSPECTED CRIMINAL ACTIVITY, OR THREATS TO LIFE OR PROPERTY, YOU MUST CONTACT LOCAL EMERGENCY SERVICES DIRECTLY.
YOUR CARRIER'S DATA RATES WILL APPLY TO ALL COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES.
BY USING THIS APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION PROVIDER DOES NOT GUARANTEE THE DETECTION, ACCURACY, OR DELIVERY OF ANY ALERT AND IS NOT RESPONSIBLE FOR ANY ACTIONS TAKEN OR NOT TAKEN BASED ON THE INFORMATION PROVIDED.
This is a legally binding agreement. Please read these terms and conditions carefully. By clicking the button during Registration to accept this agreement, you represent that you have the full legal authority to enter this agreement on behalf of the party identified in the Registration, and, in that capacity, you acknowledge such party's agreement to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, do not register for the service.
This agreement for use of the CivicAlert application (together with any associated software applications, widgets, database structures and queries, interfaces, websites, webpages, tools, and the like), as updated from time to time, (the "Application") is between Vanderbilt University ("we," "us," and "our") and the party ("you," "your") indicated during the account registration process (such process and the information provided during such process, as amended from time to time through login to your account in the Application in accordance with this agreement, the "Registration").
You represent that the information indicated in the Registration is true and complete, and you agree to update the Registration upon any changes to such information. The Registration is incorporated herein and made a part of this agreement. Notwithstanding any additional acknowledgement of this agreement (including via clicks or other electronic means), each subsequent use of the Application is subject to this agreement and does not create a new or separate contract; provided, however, when an amended version of this agreement is presented for acceptance, acceptance of the amended version of this agreement (including via a click or other electronic means) will amend this agreement.
Subject to the terms and conditions of this agreement, we grant to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license during the Term to install and use the Application solely and exclusively for your personal use. We reserve for ourselves and our licensors any rights not expressly granted in this agreement. You acknowledge that we may issue updated versions of the Application and that the updated version may be automatically deployed to your device or otherwise available for use under this agreement. You consent to such automatic upgrading on your device and agree to timely upgrade the Application in the event there is no automatic update. You further agree that the terms and conditions of this agreement will apply to all updates to and versions of the Application.
You may only create and hold one account for the Application and our services. You must be at least 18 years old to use, or create an account for use of, the Application.
To use the Application, you must have a compatible device, and we do not warrant that the Application will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the Application. Use of the Application requires Internet access or mobile data, which may be subject to additional fees or charges. You will be responsible for all fees and charges incurred with respect to accessing the Application.
You shall maintain and cause to be maintained the confidentiality of your account information, including your user ID and password. You may not provide your account information to anyone else or allow anyone else to access the Application using your account information. You may not permit any other individual or entity to use, access, or view the Application via your account. You must keep your password strictly confidential.
You shall not, directly or indirectly, do, nor shall you authorize any person or entity to do, any of the following: (1) use or disclose the Application for any purpose or in any manner not specifically authorized by this agreement or otherwise in violation of the terms hereof; (2) make any copies or prints, or otherwise reproduce or print, any portion of the Application, whether in printed or electronic format; (3) distribute, republish, download, display, post, disclose, or transmit any portion of the Application; (4) create or recreate the source code for, or re-engineer, reverse engineer, decompile, or disassemble the Application or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Application or any software, documentation, content, or data related to the Application; (5) modify, adapt, translate, or create derivative works from or based upon any part of the Application, or combine or merge any part of the foregoing with or into any other software, document, or work; (6) refer to or otherwise use any part of the Application as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us; (7) remove, erase, or tamper with any copyright, logo, or other proprietary or trademark notice printed or stamped on, affixed to, or encoded or recorded in the Application, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (8) fail to preserve all copyright and other proprietary notices in any copy of any portion of the Application made by you or on your behalf; (9) sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the Application without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable); (10) use the Application to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this agreement; (11) use the Application to access, store, receive, transfer, transmit, distribute, or process any information in violation of any applicable law, regulation, ordinance, or guideline or otherwise use the Application in violation of any applicable law, regulation, ordinance, or guideline; (12) diminish or infringe any intellectual property rights in and to the Application or impair or interfere with any copyright protection mechanisms, copyright management information systems, or digital identification devices employed in association with the foregoing; (13) cause the Application to defame or infringe the rights of any other person, including intellectual property rights (for example, any patent, trademark, trade secret, copyright, or other proprietary rights) or rights of publicity or privacy; (14) promote, condone, or incite violence, dangerous acts, or discrimination against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, political affiliation, or sexual orientation/gender identity or any other protected characteristic; threaten, harass, or bully any person; or collect, store, receive, process, use, disclose, manipulate, track, or distribute any content or data that does any of the foregoing or is pornographic or obscene; (15) impersonate any person or entity or generate fraudulent impressions of or fraudulent clicks on ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents, or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (16) act in a manner that is illegal, discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libelous, obscene, unlawful, harassing, violent, or threatening; (17) collect, store, receive, process, use, disclose, manipulate, track, or distribute any computer viruses, worms, trojan horses, back door, trap door, time bombs, malware, or other malicious code; (18) use any device, software, methodology, or routine to interfere with or disrupt the Application or the servers or networks connected to the Application by trespass or burdening network capacity; (19) use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party's use and enjoyment of the Application (or servers or networks connected to the Application); (20) harvest, access, or collect information about other Application users; (21) restrict or inhibit any other person from using the Application, including without limitation by means of "hacking" or defacing any portion thereof; (22) "frame" or "mirror" any portion of the Application; (23) use any robot, spider, other automatic device, or manual process, to "screen scrape," monitor, "mine," or copy any portion of the Application; (24) process data on behalf of any third party; (25) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application; or (26) attempt to do or assist any party in attempting to do any of the foregoing. Although we have no obligation to monitor use of the Application, we may do so and may prohibit any use that we believe may be (or is alleged to be) in violation of applicable laws or regulations or this agreement.
You agree that you will use the Application only in a manner that complies with all applicable laws and regulations.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under this agreement, and for the consequences (including any loss or damage which we may suffer) of any such breach.
You acknowledge and agree that (1) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws; (2) we and/or our third party licensors own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto; and (3) you do not acquire any ownership rights in or to the Application through this agreement or by use of the Application. We and/or our licensors have and retain exclusive, valid, and non-contestable ownership of the Application and all Intellectual Property Rights therein. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license, if any, authorizing use of such code. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You may suggest improvements and/or communicate to us ideas, inventions, discoveries, or concepts ("Ideas"), and you may discover or create the Ideas jointly with us. You agree that any such Ideas shall be and remain solely the property of us and/or our licensors and may be used and sold, licensed, or otherwise provided by us and/or our licensors to third parties, or published or otherwise publicly disclosed, in our and/or our licensors' sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to us any and all of your right, title, and interest in and to any such Ideas.
If you have downloaded the Application from the Apple, Inc. ("Apple") App Store or if you are using the mobile application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This agreement is between you and us only, not with Apple. We, not Apple, are responsible for the Application and the content of it. The license granted to you in this agreement with respect to the Application is for use on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. If you need any support with respect to the Application, please contact us. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including: (1) product liability claims; (2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Application and/or your possession and use of the Application infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Application. Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of this agreement.
If you have downloaded the Application from the Google Play Store, you (1) acknowledge that this agreement is solely between you and us only, and not with Google, Inc. ("Google"); (2) your use of the Application must comply with Google's then-current Google Play Store Terms of Service; (3) Google is only a provider of the Google Play Store where you obtained the Application; (4) we, and not Google, are solely responsible for the Application; (5) Google has no obligation or liability to you with respect to the Application or this agreement; and (6) you acknowledge and agree that Google is a third-party beneficiary to this agreement as it relates to the Application.
The Application maintains certain personally identifiable information about you. We will use and disclose your personally identifiable information as described in this agreement or our Privacy Policy, as required by law or court order, and as necessary to provide the Application and our services or to enforce our rights. You agree to the use of your data in accordance with our privacy policies.
You grant to us, during and after the Term, a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered during Registration or otherwise into the Application ("Data") to the extent necessary for us to (1) provide the Application and our services, (2) perform our obligations under this agreement, (3) attribute ratings or content to you or distribute your content to other users, (4) compile analyses and statistical information from Data regarding usage or performance of the Application and user engagement, (5) provide, monitor, correct, enhance, and improve the Application and perform services related thereto, (6) develop new products or services, and (7) accomplish other internal business purpose or as described in our Privacy Policy. We reserve the right to maintain, delete, or destroy all Data and materials posted or uploaded to Application pursuant to our internal record retention and/or destruction policies.
You also grant to us a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data ("Deidentified Data"). You acknowledge and agree that we have and retain exclusive and valid ownership of all Deidentified Data. We also have the right to collect and analyze data and other information relating to the provision, use, and performance of the Application and related systems and technologies ("Usage Data"), and you acknowledge and agree that we have and retain exclusive and valid ownership of all Usage Data. We will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the Application and for other development, diagnostic and corrective purposes in connection with the Application and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy.
You represent and warrant that you own or have the legal right and authority, and will continue to own or maintain the legal right and authority, to grant to us the licenses set forth herein. You are responsible for all of your Data, and you represent and warrant that your Data will not violate the terms of this agreement, including the restrictions set forth in the Use of the Application section above. If any of your Data violates this agreement, or is inappropriate in our judgment, we reserve the right, in our sole discretion and without notice to you, (1) to change, delete or remove, in part or in full, any of your Data, (2) to terminate or suspend access to the Application, and/or (3) to terminate or suspend your account, in each case, with or without notice. We will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with your Data. You shall indemnify, defend, and hold harmless Vanderbilt University, its affiliates, and their respective directors, officers, employees, and agents from and against any Loss (as defined below) arising from or related to a claim of a third party with respect to a breach of the foregoing representations and warranties.
Term. Unless terminated pursuant to this agreement, this agreement is effective upon your acceptance of it in the course of the Registration, and it shall continue in effect until terminated pursuant to this agreement (the "Term").
Termination. If you breach this agreement, if we are required to do so by applicable law, or if we reasonably believe that there has been conduct via your account that creates or could create liability or harm to any user, third party or us, we may terminate this agreement at any time with or without notice to you by disabling access to the Application or closing your account. You may terminate this agreement at any time by closing your account, uninstalling the Application from your mobile device in its entirety, and ceasing use of the Application and our services.
Research Use. The Application is currently made available solely in connection with research conducted by the Application provider. We may modify, suspend, or terminate access to the Application, and terminate this agreement, at any time with or without notice to you.
Effect of Termination. Upon termination of this agreement for any reason or no reason, your access rights and all licenses granted to you will terminate, and you must immediately cease all use of the Application.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Vanderbilt University, its licensors, each of their affiliates, and all of their respective directors, officers, employees and agents from and against any and all Losses arising out of, related to, or accruing from (1) your use of the Application, including your downloading, installation, or use of the Application; or (2) your violation of this agreement by you or your agents; or (3) use of your account for the Application. This obligation will survive the termination of this agreement. For purposes of this agreement, "Loss" means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties).
THE APPLICATION AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION. VANDERBILT UNIVERSITY, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APPLICATION OR ANY PART OF IT, AND ANY SERVICES PROVIDED BY VANDERBILT UNIVERSITY, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT VANDERBILT UNIVERSITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. VANDERBILT UNIVERSITY EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU. VANDERBILT UNIVERSITY DOES NOT WARRANT THAT THE APPLICATION OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
THE APPLICATION IS NOT INTENDED FOR USE IN ANY ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Due to the continual development of new techniques for intruding upon and attacking networks, we do not warrant that the Application, or any equipment, system, or network on which it is used or accessed, will be free of vulnerability to intrusion or attack that results in your inability to use the Application or the unauthorized disclosure or compromise of your information in the Application.
We cannot and do not guarantee or warrant that the Application or files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Application for any reconstruction of any lost data.
We may, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the Application or portions thereof, including but not limited to the Application's features, look and feel, and functional elements and related services.
Although the Application may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link is not, nor does it imply, an endorsement of the linked site by us. We take no responsibility for the availability or accuracy of content or information contained on those other sites and do not exert any editorial or other control over those other sites. We do not take responsibility for the privacy policies and practices of these third-party links.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
NEITHER VANDERBILT UNIVERSITY NOR ITS LICENSORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (V) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER VANDERBILT UNIVERSITY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
IN NO EVENT SHALL VANDERBILT UNIVERSITY'S OR ITS LICENSORS' AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE APPLICATION AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PERSONAL INJURY, AND WRONGFUL DEATH), OR OTHERWISE, EXCEED $100. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations above may not apply to you. To the extent applicable law does not permit such limitation of liability, the extent of such liability shall be the minimum permitted under such applicable law.
Any cause of action or claim you may have with respect to the Application must be commenced within one year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this agreement waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Application.
YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE APPLICATION.
This agreement and your relationship with us under this agreement will be governed by, and construed and enforced in accordance with, the laws of the State of Tennessee without regard to any conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located within Davidson County, Tennessee to resolve any legal matter arising from this agreement. Notwithstanding this, you agree that we will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. We reserve the right to seek all remedies available at law and in equity for violations of the agreement, including, without limitation, the right to block access to the Application from a particular account, device, and/or IP address.
This agreement, including the Privacy Policy, constitutes the entire agreement between you and us relating to the Application and your use of the Application. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. No modification or amendment to this agreement will be valid or binding unless in writing and duly executed, including by clicking a button when presented to accept such amendment.
Any failure by us to exercise or enforce any right or provision of this agreement does not constitute a waiver of such right or provision, which will still be available to us. Any waiver by us of any breach of this agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this agreement.
If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (1) the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected; (2) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (3) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties' intent as manifested herein; and (4) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
This agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. We may freely transfer, assign, or delegate all or any part of this agreement and any rights or duties hereunder. You may not assign this agreement or any of the rights or licenses granted under this agreement. Any attempted sublicense, transfer, or assignment in violation of this agreement is void.
We shall not be liable for any failure to perform its obligations under this agreement if such failure arises, directly or indirectly, out of causes reasonably beyond its direct control, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
You may contact us at support@civicalert.net for any notices, complaints, or claims with respect to the Application.