Community Response Systems, LLC, d/b/a TeamAlert™, an Alabama limited lialibility company (“TA”), welcomes you, as a user and client (“Client ”), to its proprietary TA Panic Button System (“Panic Button System”) and its associated communication related services application (collectively with the Panic Button System, “Services”) subject to these Terms of Use (“Terms” or “Agreement”) and its related Privacy Policy incorporated by reference herein (“Privacy Policy”).
By installing, accessing or using any of the Services provided by TA you hereby expressly acknowledge that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, as well as any additional terms or guidelines applicable to the specific Services you use, which shall be posted from time to time at TA’s website or any other user interface for such Services. All additional terms or guidelines Applicable to the specific Services, along with the Privacy Policy, shall be hereby incorporated into these Terms. In these Terms, you may be alternately referred to as “you” or “User” or “Client.”
IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE PANIC BUTTON SYSTEM OR ANY OTHER SERVICES PROVIDED BY TA.The primary function of TA’s services is to allow Client organizations the ability to quickly, easily and simultaneously communicate with and notify multiple parties during events.
The organization and its identified and subscribing users, employees or other points of contact (“Subscribers”) are connected together when an alert is raised so that messages are sent by specific channels of communication selected by the Client (e.g., software, phone calls, text messaging, emails). This allows the Client’s Subscribers the opportunity to read the alert details and instructions and the ability to participate in a real time chat regarding the event giving rise to the alert. Client’s Subscribers can also simply view system messages to stay informed. Client organization or institution-wide system settings are put in place by the Client and the Client’s designated control users. Subscribers only have access to change their individual contact preferences and information. TA’s Panic Button System services are NOT intended as a replacement for standard 911 services.Clients should still contact 911 if they are in need of emergency services and Clients should advise Subscribers of that duty as well.
In addition to the ability to connect participating Subscribers within the Client’s institution or organization, the Client may choose to subscribe to an additional service which will raise alerts to Subscribers and contact emergency 911 or third-party monitoring services. If this service is selected by the Client, by registering for and downloading TA’s Panic Button System on a mobile phone, computer or other device (e.g., mobile phone, smart watch, laptop, tablet or similar hardware systems), a the Client’s Subscribers will have the ability to contact emergency 911, and/or other Emergency Providers, as defined herein below (“e911”), from such device in an emergency situation, through the emergency contacts contained in Client Information as described below. If the Subscriber activates the Panic Button System in the case of an emergency, and the Client has chosen to utilize the e911 service, 911 will be contacted via the contact persons identified on the Emergency Contacts page of the Client Information, which is the information provided by the Client who has authorized Subscriber’s use of the Panic Button System (“Client Information”), The location of Subscriber’s device at the time of such activation (“Location Information”), shall also be provided upon connection to the 911 emergency call center that serves the geographic area from which such call is placed (“Local 911 Call Center”), the participating safety and emergency response services during specific emergency incidents, including without limitation, fire, police, emergency medical, emergency management, campus safety officials and public health services (collectively, “Emergency Service Providers”), and other individual recipients designated by the Client to be notified in connection with each such 911 call (collectively, “Designated Client Recipients”). All of the above-referenced information associated with Subscriber’s mobile phone or other device, including, but not limited to: address, mobile phone number, Location Information, emails, texts, and any other messages, photos and other information submitted by Subscriber in connection with any activation of the Panic Button System are herein collectively referred to as “Subscriber Information.” Upon activation of the Panic Button System when using the e911 system, the e911 service will call the first contact listed on the Emergency Contacts on the Settings Page, and if the first contact answers the System will then call 911 and connect the two giving the 911 dispatch center the Location Information identified on the e911 Add-On page. The individual listed as contact will be told the alert name allowing that individual to open their TeamAlert installation and receive alert details to provide to the e911 dispatcher upon connection. This will allow the contact to provide answers to the e911 dispatcher’s questions in real time. If the first contact does not answer, the second contact will receive a call and the same protocol described above will occur. If no contact answers through the third contact, THE SYSTEM WILL NOT CONTACT E911 AND THE PROCESS ENDS. If the Client is utilizing a third-party contractor for monitoring (e.g., Amazon, AWS, Doctor’s Exchange, Alarmready, Monitor1), when the Panic Button System is activated, the Subscribers will be connected with the third-party contractor who will receive information and connect Subscriber to the appropriate Emergency Service Provider.YOU, AS A CLIENT, ACKNOWLEDGE AND AGREE THAT BY UTILIZING THE PANIC BUTTON SYSTEM AND ANY OTHER SERVICES, YOU PROVIDE CONSENT TO RELEASE ALL CLIENT INFORMATION TO LOCAL 911 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED CLIENT RECIPIENTS IN ACCORDANCE WITH THE SPECIFIC SERVICES OPTED IN AND SELECTED BY SUBSCRIBER. TA DOES NOT GUARANTEE DELIVERY OF ANY 911 CALL OR ANY SUBSCRIBER INFORMATION AND HAS NO CONTROL OVER THE MANNER IN WHICH 911 CALLS ARE ROUTED.
CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT TA IS NOT ABLE TO LOCATE ALL MOBILE PHONES AND THAT THIS ABILITY WILL DEPEND IN PART UPON FACTORS, INCLUDING BUT NOT LIMITED TO:
i. TELEPHONE SERVICE PROVIDER;
ii. LOCAL NETWORK AND SATELLITE COVERAGE;
iii. TELEPHONE SERVICE PROVIDER ACCOUNT LIMITATIONS;
iv. INDIVIDUAL DEVICE SETTINGS;
v. ALLOWED DEVICE LOCATION SERVICES;
vi. DEVICE LIMITATIONS.
CLIENT FURTHER UNDERSTANDS AND AGREES THAT NOT ALL LOCAL 911 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS HAVE ACCESS TO THE SERVICES AND THAT THE SERVICES MAY NOT BE UTILIZED BY LOCAL 911 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS THAT DO HAVE SUCH ACCESS.TA cannot control the manner in which emergency services are rendered, and therefore cannot guarantee that Local 911 Call Centers, Emergency Service Providers, will utilize Client Information and/or the Subscriber Information in connection with their response to any activation of the Panic Button System.
Only Clients and Client’s Subscribers are authorized to use TA’s Services. All Clients are bound by a license agreement with TA, and agree to use TA’s Services in accordance with the terms and conditions of such license agreement and all Applicable laws and regulations.
EACH CLIENT UNDERSTANDS AND AGREES THAT SERVICES PROVIDED BY TA ARE NOT AVAILABLE IN ALL AREAS.
Each Client understands and agrees that it is Client’s responsibility to ensure that the Panic Button System is properly installed, configured, and that all Client Information and Subscriber Information and data is verified by Client and/or TA. It is Client’s responsibility to provide the manufacturer’s recommended and updated minimal supported software operating systems and associated hardware necessary to operate Client’s systems which are being utilized in connection with the Panic Button System.
Each Client understands and agrees that by registering for and downloading the Panic Button System you are agreeing to make your Client Information available to Local 911 Centers, Emergency Service Providers, Designated Client Recipients and Third-Party Providers in connection with each activation of the Panic Button System.
EACH CLIENT UNDERSTANDS AND AGREES THAT PARTICIPATION IN SERVICES DOES NOT CONSTITUTE AN AGREEMENT BETWEEN YOU AND ANY LOCAL 911 CALL CENTERS AND/OR EMERGENCY SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT RELY ON THE SERVICES AS THE SOLE MEANS BY WHICH YOU WILL COMMUNICATE INFORMATION TO ANY LOCAL 911 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT OTHER METHODS OF SUPPLYING INFORMATION TO LOCAL 911 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS ARE AVAILABLE TO YOU, INCLUDING THE VERBAL TRANSMISSION OF INFORMATION OVER THE PHONE WHEN MAKING A 911 CALL. THE SERVICES CANNOT AND DO NOT REPLACE, AND ARE NOT INTENDED TO REPLACE YOUR VERBAL PROVISION OF YOUR MOBILE PHONE NUMBER AND OTHER CLIENT INFORMATION TO THE LOCAL 911 CALL CENTER AND EMERGENCY SERVICE PROVIDERS WHEN MAKING A 911 CALL OR USING ANY OTHER METHOD OF COMMUNICATION. THE SERVICES ALSO DO NOT REPLACE THE NEED FOR YOU TO PLACE A CALL TO 911 IN THE EVENT OF AN EMERGENCY.
YOU UNDERSTAND AND AGREE THAT TA DOES NOT HAVE CONTROL OVER THE NETWORKS, EQUIPMENT OR FACILITIES OF TELEPHONE SERVICE PROVIDERS OR OTHER THIRD-PARTY VENDORS OR PROVIDERS. YOU UNDERSTAND AND AGREE THAT TA DOES NOT HAVE CONTROL OVER EMERGENCY SERVICE PROVIDER EQUIPMENT OR FACILITIES THAT MAY BE NEEDED, USED IN ASSOCIATION WITH, OR INVOLVED IN CONNECTING A 911 CALL TO ANY LOCAL 911 CENTER OR EMERGENCY SERVICE PROVIDER. YOU UNDERSTAND AND AGREE THAT TA DOES NOT HAVE CONTROL OVER EMERGENCY SERVICE PROVIDER’S COLLECTION OF MOBILE PHONE LOCATION INFORMATION, DELIVERING NOTIFICATIONS TO DESIGNATED CLIENT RECIPIENTS OR DELIVERING SUBSCRIBER INFORMATION TO ANY LOCAL 911 CENTER OR EMERGENCY SERVICE PROVIDERS. TA, THEREFORE, MAY NOT ALWAYS BE ABLE TO NOTIFY LOCAL 911 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED CLIENT RECIPIENTS OR ENABLE CALLS TO 911 THROUGH THE PANIC BUTTON SYSTEM.
YOU UNDERSTAND AND AGREE THAT TA IS NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF ANY LOCAL 911 CALL CENTER, EMERGENCY SERVICE PROVIDER OR DESIGNATED CLIENT RECIPIENTS. TA CANNOT GUARANTEE DELIVERY OF ANY CLIENT OR SUBSCRIBER INFORMATION IN CONNECTION WITH ANY ACTIVATION OF THE PANIC BUTTON SYSTEM AND IS NOT RESPONSIBLE FOR ANY INTERACTION OR LACK THEREOF BETWEEN ANY LOCAL 911 CALL CENTER AND ANY EMERGENCY SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT YOU MAY NEED TO PROVIDE THE MOBILE PHONE NUMBER FOR A MOBILE PHONE OR OTHER DEVICE VERBALLY TO A LOCAL 911 CENTER AND ANY EMERGENCY SERVICE PROVIDERS.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED FOR CONVENIENCE ONLY. THE SERVICES DO NOT REPLACE DIALING 911 IN THE EVENT YOU REQUIRE IMMEDIATE ASSISTANCE. THE SERVICES MUST NOT BE SOLELY RELIED UPON TO PROVIDE EMERGENCY RESPONSE SERVICES. SUCH EMERGENCY RESPONSE SERVICES CAN ONLY BE DIRECTLY ACCESSED BY PLACING A DIRECT CALL TO 911.
CLIENT IS RESPONSIBLE FOR TESTING THE PANIC BUTTON SYSTEM. TA RECOMMENDS THAT THE SYSTEM BE TESTED EVERY 30 DAYS, AND AFTER ANY CHANGES TO CLIENT INFORMATION OR SUBSCRIBER INFORMATION, DATA, PHONE OR INTERNET SERVICE OR EQUIPMENT.
Client understands and agrees that TA does not have control over the telephone service and internet service providers which may be necessary for providing the Services and that such failure shall not be deemed to be the responsibility of TA. Client understands and agrees that TA reserves the right to disable Client’s Subscriber’s use of the Panic Button System for any reason, including but not limited to ascertainment that any mobile phone number that is no longer valid or if the location tracking setting on Client’s Subscriber’s phone is disabled or otherwise tampered with in any way. Furthermore, TA reserves the right to suspend, disable or immediately terminate Client or any Subscriber’s use of the Panic Button System if such Subscriber’s acts or pattern of activity interfere or threaten to interfere in any manner with any Local 911 Call Center, Emergency Service Provider or TA’s ability to provide Services to its Subscribers, Clients or Emergency Service Providers.
Client expressly agrees that you will not:
• Utilize the Services for any purpose other than as expressly intended by TA;
• Attempt to reverse engineer, decompile, disassemble, or otherwise decode any portion of the Services;
• Perform any actions which would interfere with the proper working of the Services;
• Knowingly restrict or inhibit any other Client or Subscriber from using and enjoying the Services;
• Use the Services to send altered, deceptive or false source-identifying information;
• Copy, modify, distribute, sell, or lease any portion of the Services.
AS A CLIENT, YOU UNDERSTAND AND ACCEPT FULL LEGAL RESPONSIBILITY FOR THE CONTENT, ACCURACY, AND SUFFICIENCY OF ALL CLIENT INFORMATION. All Client Information is subject to TA’s then-current Privacy Policy.
YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE A RESIDENT OF ALABAMA OR NEBRASKA, YOU REPRSENT THAT YOU ARE NINETEEN YEARS (19) OF AGE OR OLDER.
IF YOU ARE A RESIDENT OF MISSISSIPPI, YOU REPRESENT THAT YOU ARE TWENTY-ONE YEARS (21) OF AGE OR OLDER.
Client understands and agrees that, TA reserves the right to validate subscriptions, through means of its own choosing, which may include calling and/or sending Client’s Subscribers SMS text messages, emails or phone calls. As a Client, you agree that TA may contact you or your Subscribers to validate the phone number(s) you register with TA’s databases or contact you about changes, outages, and new features and hardware. Client agrees that if one Subscriber registers and validates a phone number which another Subscriber had previously registered, the phone number will be removed from the Subscriber Information and assigned to the other Subscriber. TA will attempt to notify Client and Subscriber of this change via email but cannot guarantee receipt of the message.
IT IS CLIENT’S RESPONSIBILITY TO CORRECT CLIENT INFORMATION WHEN THE INFORMATION PROVIDED IS OR BECOMES INACCURATE. CREATING ANY INTENTIONALLY MISLEADING INFORMATION OR PROVIDING ANY INTENTIONALLY MISLEADING INFORMATION TO LOCAL 911 CALL CENTERS OR EMERGENCY SERVICE PROVIDERS IS POTENTIALLY A CRIME AND IS GROUNDS FOR TERMINATION OF SERVICES. CLIENT UNDERSTANDS AND AGREES THAT THE SERVICES DO NOT VERIFY OR UPDATE YOUR CLEINT INFORMATION OR CLIENT’S SUBSCRIBER INFORMATION FOR YOU.
YOU UNDERSTAND AND AGREE AND HEREBY AUTHORIZE TA TO RELEASE AND DISCLOSE CLIENT INFORMATION TO LOCAL 911 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED CLIENT RECIPIENTS WHERE TECHNOLOGICALLY FEASIBLE.
YOU UNDERSTAND AND AGREE THAT THE LOCAL 911 CALL CENTERS, EMERGENCY SERVICES PROVIDERS AND DESIGNATED CLIENT RECIPIENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY DUTY TO CONTACT OR TO NOTIFY ANY OF YOUR PERSONAL CONTACTS THAT YOU MAY BE INVOLVED IN AN EMERGENCY SITUATION, WHETHER OR NOT YOU MAY HAVE CALLED 911, OR OTHERWISE CALLED OR CONTACTED A LOCAL 911 CALL CENTER OR EMERGENCY SERVICE PROVIDER, OR HAD YOUR SUBSCRIBER INFORMATION PRESENTED TO ANY LOCAL 911 CALL CENTERS OR EMERGENCY SERVICE PROVIDERS VIA THE SERVICES.
You may terminate your use of the Services by uninstalling the Panic Button System on your workstation or mobile phone. If you terminate all or a part of your Services, or if your Service is terminated for any other reason (including but not limited to termination of Services by any Local 911 Call Center, Emergency Service Provider or Client), then TA will no longer provide you with Services or provide your Subscriber Information to any Local 911 Centers, Emergency Service Providers or Designated Client Recipients.
CLIENT UNDERSTANDS AND AGREES THAT TA, ALONG WITH ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, PARENT COMPANIES, SUCCESSORS AND ASSIGNS (THE “RELEASEES”) DISCLAIM ANY AND ALL LIABILITY, WHATSOEVER, WHETHER RAISED BY A THIRD-PARTY OR OTHERWISE, FOR ANY AND ALL REASONS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, LOSS, INFRINGEMENT, INVASION OF PRIVACY, PROPERTY DAMAGE, AND INTERRUPTION TO BUSINESS, TO CLIENT AND THEIR RESPECTIVE HEIRS AND ASSIGNS, WHICH MAY RESULT FROM THE USE OF OR ANY ERRORS OR OMISSIONS OF THE SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, OR FAILURE TO PROVIDE ANY INFORMATION THROUGH THE SERVICES.
CLIENT UNDERSTANDS AND AGREES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE, WAIVE, DISCHARGE, COVENENANT NOT TO SUE, AND HOLD HARMLESS 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 CLIENT, ANY SUBSCRIBER OR BY ANY OTHER PERSON OR PERSONS CLAIMING THROUGH CLIENT, 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 CLEINT OR SUBSCRIBER INFORMATION.
CLIENT AGREES TO INDEMNIFY EACH RELEASEE FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES) OF ANY KIND ARISING FROM OR ATTRIBUTABLE TO: (A) ANY BREACH OF THIS AGREEMENT BY CLIENT OR, (B) ANY THIRD-PARTY CLAIM AGAINST A RELEASEE RELATING TO YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY RELEASEE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL INFORMATION, OR BUSINESS INTERRUPTION) FROM OR DUE TO THE USE, MISUSE OR INABILITY TO USE THE SERVICES, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT EXPRESSLY AGREES THAT THE USE OF THE SERVICES IS AT CLIENT’S SOLE RISK AND THAT THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS,” “AS AVAILABLE,” AND “WITH NO WARRANTY AGAINST DEFECT” BASIS.
TA EXPRESSLY DISCLAIMS 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, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AVAILABILITY, AND ACCURACY.
In addition to the above limitations on liability, TA hereby specifically asserts the following provisions:
Exculpatory Clause
Client agrees and affirms that TA is not an insurer and that no insurance coverage is offered herein as it relates to the Panic Button System or any other service or product provided by TA. Client’s payments to TA are for the provision of self-installed software and hardware for communication with Emergency Service Providers, Subscribers, and Designated Client Recipients to assist in the reduction of notification and response times during emergency situations, and other alerts, though TA does not guarantee that no property loss, damage or personal injury or death will occur. TA is not assuming any liability and therefore shall not be liable to Client for any loss or damages sustained by Client as a result of burglary, theft, robbery, active shooter situations, or any other illegal acts of third parties, or personal injury, property damage or loss by fire, smoke, water or any other cause whatsoever, regardless whether such loss or damage was caused by or contributed to or by TA’ negligent performance or failure to perform any obligation contained herein (together “Losses”). For purposes of clarity, TA’s services are provided, not as a substitute, but rather in addition to commonly accepted and standard means of notification and emergency response initiatives and procedures already existing and available to Client and the general public.
Limitation of Liability
The Client agrees that the Panic Button System is not designed to prevent any loss by burglary, theft, robbery, active shooter situations, or any other illegal acts of third parties, or personal injury, property damage or loss by fire, smoke, water or any other cause (together “Losses”). If, notwithstanding the terms of this agreement, there should arise any liability on the part of TA as a result of Losses which was caused or contributed to by TA’S negligence to any degree or failure to perform any obligation, such liability will be limited to an amount equal to six (6) months of Client’s total monthly fees.
Client agrees that any dispute arising under these Terms or the Privacy Policy shall be submitted to binding arbitration according to the rules and regulations of, and administered by, the American Arbitration Association, and that any award granted pursuant to such arbitration may be rendered to final judgment. If any dispute arises hereunder, the prevailing party shall be entitled to all costs and attorney’s fees from the losing party for enforcement of any right included in this Agreement, whether in Arbitration, a Court of first jurisdiction and all Courts of Appeal. These Terms and the Privacy Policy shall be governed under the laws of the state of Alabama, without regards to conflict of law principles, and the venue for any disputes hereunder shall be in the Circuit Court of Columbiana, Shelby County, Alabama, or the federal courts encompassing such venue.
In the event any provision of these Terms or the Privacy Policy is determined by an arbitrator or court of competent jurisdiction to be void, the remaining provisions of this Agreement shall remain binding on the parties hereto with the same effect as though the void provision(s) had been limited or deleted, as applicable. Any provisions of this Agreement that, by their nature, are intended to survive the termination of Services, including without limitation, the provisions of the Section above entitled “LIMITATIONS” shall survive any such termination without limitation.
Certain obligations set forth herein represent independent covenants by which you may be bound and shall remain bound regardless of any breach of these Terms and the Privacy Policy and shall survive termination of these Terms. TA reserves the right to modify any portion of these Terms or the Privacy Policy at any time by posting the revised Terms here. Your continued use of any of the Services following any such posting constitutes your acceptance of the revised Terms and Privacy Policy.
TA may assign these Terms in its sole discretion. You are not permitted to assign these Terms without the prior written consent of TA. The failure by TA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The section headings in this Agreement are provided solely for the convenience of the Subscriber and do not constitute or modify the provisions of this Agreement.
Client understands and agrees that TA may send Client certain communications which pertain to and are considered part of the Services. Notices texted, called or emailed to you will be deemed given and received when the text, call or email is made or sent. TA has no obligation to provide notice by U.S. Mail or any other means even if its attempt to transmit such communication to a Client’s phone or email address fails for any reason. TA may, but is not obligated to, undertake repeated efforts to send such communications to Client if it receives notification that the attempted electronic communication failed for any reason.
Any notices to TA shall be in writing, and shall be deemed delivered upon:
(a) personal delivery, if delivered by hand during ordinary business hours;
(b) the day of actual delivery if sent by U.S. Mail, postage pre-paid;
(c)the day of signed receipt if sent by certified mail, postage pre-paid, or other nationally recognized carrier, return receipt or signature requested and addressed to TA as follows: Community Response Systems, LLC d.b.a.TeamAlert™, PO Box 36187 Birmingham, AL 35244, Attention: Legal Department.
Additional terms regulating the handling of Client and Subscribers’ personal information are contained in the Privacy Policy located here:
https://www.teamalert.com/privacy-policy/
By accepting this Agreement, you are also acknowledging that you have reviewed and are accepting the Privacy Policy.
Should any part of this Agreement be deemed unenforceable or contrary to applicable law, it is understood and agreed that such section shall be stricken and the remainder of the Agreement shall remain in full force and effect.
These Terms of Use and the Privacy Policy, constitute the entire agreement between Client and TA with respect to the Services and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use or the Privacy Policy will be effective only if in writing and signed by TA.
Community Response Systems, LLC, d/b/a TeamAlert™, an Alabama limited lialibility company (“TA”), welcomes you, as a user and client (“Client ”), to its proprietary TA Panic Button System (“Panic Button System”) and its associated communication related services application (collectively with the Panic Button System, “Services”) subject to these Terms of Use (“Terms” or “Agreement”) and its related Privacy Policy incorporated by reference herein (“Privacy Policy”).
By installing, accessing or using any of the Services provided by TA you hereby expressly acknowledge that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, as well as any additional terms or guidelines applicable to the specific Services you use, which shall be posted from time to time at TA’s website or any other user interface for such Services. All additional terms or guidelines Applicable to the specific Services, along with the Privacy Policy, shall be hereby incorporated into these Terms. In these Terms, you may be alternately referred to as “you” or “User” or “Client.” IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE PANIC BUTTON SYSTEM OR ANY OTHER SERVICES PROVIDED BY TA.The primary function of TA’s services is to allow Client organizations the ability to quickly, easily and simultaneously communicate with and notify multiple parties during events.
The organization and its identified and subscribing users, employees or other points of contact (“Subscribers”) are connected together when an alert is raised so that messages are sent by specific channels of communication selected by the Client (e.g., software, phone calls, text messaging, emails). This allows the Client’s Subscribers the opportunity to read the alert details and instructions and the ability to participate in a real time chat regarding the event giving rise to the alert. Client’s Subscribers can also simply view system messages to stay informed. Client organization or institution-wide system settings are put in place by the Client and the Client’s designated control users. Subscribers only have access to change their individual contact preferences and information. TA’s Panic Button System services are NOT intended as a replacement for standard 911 services.Clients should still contact 911 if they are in need of emergency services and Clients should advise Subscribers of that duty as well.
In addition to the ability to connect participating Subscribers within the Client’s institution or organization, the Client may choose to subscribe to an additional service which will raise alerts to Subscribers and contact emergency 911 or third-party monitoring services. If this service is selected by the Client, by registering for and downloading TA’s Panic Button System on a mobile phone, computer or other device (e.g., mobile phone, smart watch, laptop, tablet or similar hardware systems), a the Client’s Subscribers will have the ability to contact emergency 911, and/or other Emergency Providers, as defined herein below (“e911”), from such device in an emergency situation, through the emergency contacts contained in Client Information as described below. If the Subscriber activates the Panic Button System in the case of an emergency, and the Client has chosen to utilize the e911 service, 911 will be contacted via the contact persons identified on the Emergency Contacts page of the Client Information, which is the information provided by the Client who has authorized Subscriber’s use of the Panic Button System (“Client Information”), The location of Subscriber’s device at the time of such activation (“Location Information”), shall also be provided upon connection to the 911 emergency call center that serves the geographic area from which such call is placed (“Local 911 Call Center”), the participating safety and emergency response services during specific emergency incidents, including without limitation, fire, police, emergency medical, emergency management, campus safety officials and public health services (collectively, “Emergency Service Providers”), and other individual recipients designated by the Client to be notified in connection with each such 911 call (collectively, “Designated Client Recipients”). All of the above-referenced information associated with Subscriber’s mobile phone or other device, including, but not limited to: address, mobile phone number, Location Information, emails, texts, and any other messages, photos and other information submitted by Subscriber in connection with any activation of the Panic Button System are herein collectively referred to as “Subscriber Information.” Upon activation of the Panic Button System when using the e911 system, the e911 service will call the first contact listed on the Emergency Contacts on the Settings Page, and if the first contact answers the System will then call 911 and connect the two giving the 911 dispatch center the Location Information identified on the e911 Add-On page. The individual listed as contact will be told the alert name allowing that individual to open their TeamAlert installation and receive alert details to provide to the e911 dispatcher upon connection. This will allow the contact to provide answers to the e911 dispatcher’s questions in real time. If the first contact does not answer, the second contact will receive a call and the same protocol described above will occur. If no contact answers through the third contact, THE SYSTEM WILL NOT CONTACT E911 AND THE PROCESS ENDS. If the Client is utilizing a third-party contractor for monitoring (e.g., Amazon, AWS, Doctor’s Exchange, Alarmready, Monitor1), when the Panic Button System is activated, the Subscribers will be connected with the third-party contractor who will receive information and connect Subscriber to the appropriate Emergency Service Provider.YOU, AS A SUBSCRIBER, ACKNOWLEDGE AND AGREE THAT BY DOWNLOADING THE PANIC BUTTON SYSTEM AND ANY OTHER SERVICES, YOU PROVIDE CONSENT TO RELEASE ALL CLIENT INFORMATION TO LOCAL 911 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED CLIENT RECIPIENTS IN ACCORDANCE WITH THE SPECIFIC SERVICES OPTED IN AND SELECTED BY SUBSCRIBER. TA DOES NOT GUARANTEE DELIVERY OF ANY 911 CALL OR ANY SUBSCRIBER INFORMATION AND HAS NO CONTROL OVER THE MANNER IN WHICH 911 CALLS ARE ROUTED.
SUBSCRIBER UNDERSTANDS AND ACKNOWLEDGES THAT TA IS NOT ABLE TO LOCATE ALL MOBILE PHONES AND THAT THIS ABILITY WILL DEPEND IN PART UPON FACTORS, INCLUDING BUT NOT LIMITED TO:
i. TELEPHONE SERVICE PROVIDER;
ii. LOCAL NETWORK AND SATELLITE COVERAGE;
iii. TELEPHONE SERVICE PROVIDER ACCOUNT LIMITATIONS;
iv. INDIVIDUAL DEVICE SETTINGS;
v. ALLOWED DEVICE LOCATION SERVICES;
vi. DEVICE LIMITATIONS.
SUBSCRIBER FURTHER UNDERSTANDS AND AGREES THAT NOT ALL LOCAL 911 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS HAVE ACCESS TO THE SERVICES AND THAT THE SERVICES MAY NOT BE UTILIZED BY LOCAL 911 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS THAT DO HAVE SUCH ACCESS. TA cannot control the manner in which emergency services are rendered, and therefore cannot guarantee that Local 911 Call Centers, Emergency Service Providers, will utilize subsrciber Information and/or the Subscriber Information in connection with their response to any activation of the Panic Button System.Only Clients and Subscribers are authorized to use TA’s Services. All Clients are bound by a license agreement with TA, and agree to use TA’s Services in accordance with the terms and conditions of such license agreement and all Applicable laws and regulations.
Subscriber acknowledges and agrees that, by registering for and downloading the Panic Button System, Subscriber consents to be contacted through SMS, email, or voice call via an automated dialer using a pre-recorded message by TA. The frequency of these messages will depend on how Subscriber uses the Services, and how frequently Emergency Service Providers or Clients send messages through the Services. Message and data rates may apply.
EACH SUBSCRIBER UNDERSTANDS AND AGREES THAT SERVICES PROVIDED BY TA ARE NOT AVAILABLE IN ALL AREAS.
Each Subscriber understands and agrees that it is Subscriber’s responsibility to ensure that the Panic Button System is properly installed, configured, and that all Subscriber Information and Subscriber Information and data is verified by Subscriber and/or TA. It is SUBRCIBER’s responsibility to provide the manufacturer’s recommended and updated minimal supported software operating systems and associated hardware necessary to operate Client’s systems which are being utilized in connection with the Panic Button System.
Each SUBSCRIBER understands and agrees that by registering for and downloading the Panic Button System you are agreeing to make your Subscriber Information available to Local 911 Centers, Emergency Service Providers, Designated Subscriber Recipients and Third-Party Providers in connection with each activation of the Panic Button System.
EACH SUBSCRIBER UNDERSTANDS AND AGREES THAT PARTICIPATION IN SERVICES DOES NOT CONSTITUTE AN AGREEMENT BETWEEN YOU AND ANY LOCAL 911 CALL CENTERS AND/OR EMERGENCY SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT RELY ON THE SERVICES AS THE SOLE MEANS BY WHICH YOU WILL COMMUNICATE INFORMATION TO ANY LOCAL 911 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT OTHER METHODS OF SUPPLYING INFORMATION TO LOCAL 911 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS ARE AVAILABLE TO YOU, INCLUDING THE VERBAL TRANSMISSION OF INFORMATION OVER THE PHONE WHEN MAKING A 911 CALL. THE SERVICES CANNOT AND DO NOT REPLACE, AND ARE NOT INTENDED TO REPLACE YOUR VERBAL PROVISION OF YOUR MOBILE PHONE NUMBER AND OTHER Subscriber INFORMATION TO THE LOCAL 911 CALL CENTER AND EMERGENCY SERVICE PROVIDERS WHEN MAKING A 911 CALL OR USING ANY OTHER METHOD OF COMMUNICATION. THE SERVICES ALSO DO NOT REPLACE THE NEED FOR YOU TO PLACE A CALL TO 911 IN THE EVENT OF AN EMERGENCY.
YOU UNDERSTAND AND AGREE THAT TA DOES NOT HAVE CONTROL OVER THE NETWORKS, EQUIPMENT OR FACILITIES OF TELEPHONE SERVICE PROVIDERS OR OTHER THIRD-PARTY VENDORS OR PROVIDERS. YOU UNDERSTAND AND AGREE THAT TA DOES NOT HAVE CONTROL OVER EMERGENCY SERVICE PROVIDER EQUIPMENT OR FACILITIES THAT MAY BE NEEDED, USED IN ASSOCIATION WITH, OR INVOLVED IN CONNECTING A 911 CALL TO ANY LOCAL 911 CENTER OR EMERGENCY SERVICE PROVIDER. YOU UNDERSTAND AND AGREE THAT TA DOES NOT HAVE CONTROL OVER EMERGENCY SERVICE PROVIDER’S COLLECTION OF MOBILE PHONE LOCATION INFORMATION, DELIVERING NOTIFICATIONS TO DESIGNATED Subscriber RECIPIENTS OR DELIVERING SUBSCRIBER INFORMATION TO ANY LOCAL 911 CENTER OR EMERGENCY SERVICE PROVIDERS. TA, THEREFORE, MAY NOT ALWAYS BE ABLE TO NOTIFY LOCAL 911 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED Subscriber RECIPIENTS OR ENABLE CALLS TO 911 THROUGH THE PANIC BUTTON SYSTEM.
YOU UNDERSTAND AND AGREE THAT TA IS NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF ANY LOCAL 911 CALL CENTER, EMERGENCY SERVICE PROVIDER OR DESIGNATED CLIENT RECIPIENTS. TA CANNOT GUARANTEE DELIVERY OF ANY CLIENT OR SUBSCRIBER INFORMATION IN CONNECTION WITH ANY ACTIVATION OF THE PANIC BUTTON SYSTEM AND IS NOT RESPONSIBLE FOR ANY INTERACTION OR LACK THEREOF BETWEEN ANY LOCAL 911 CALL CENTER AND ANY EMERGENCY SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT YOU MAY NEED TO PROVIDE THE MOBILE PHONE NUMBER FOR A MOBILE PHONE OR OTHER DEVICE VERBALLY TO A LOCAL 911 CENTER AND ANY EMERGENCY SERVICE PROVIDERS.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED FOR CONVENIENCE ONLY. THE SERVICES DO NOT REPLACE DIALING 911 IN THE EVENT YOU REQUIRE IMMEDIATE ASSISTANCE. THE SERVICES MUST NOT BE SOLELY RELIED UPON TO PROVIDE EMERGENCY RESPONSE SERVICES. SUCH EMERGENCY RESPONSE SERVICES CAN ONLY BE DIRECTLY ACCESSED BY PLACING A DIRECT CALL TO 911.
SUBSCRIBER IS RESPONSIBLE FOR TESTING THE PANIC BUTTON SYSTEM. TA RECOMMENDS THAT THE SYSTEM BE TESTED EVERY 30 DAYS, AND AFTER ANY CHANGES TO CLIENT INFORMATION OR SUBSCRIBER INFORMATION, DATA, PHONE OR INTERNET SERVICE OR EQUIPMENT.
Each Subscriber understands and agrees that TA does not have control over the telephone service and internet service providers which may be necessary for providing the Services and that such failure shall not be deemed to be the responsibility of TA. Client understands and agrees that TA reserves the right to disable Client’s Subscriber’s use of the Panic Button System for any reason, including but not limited to ascertainment that any mobile phone number that is no longer valid or if the location tracking setting on Client’s Subscriber’s phone is disabled or otherwise tampered with in any way. Furthermore, TA reserves the right to suspend, disable or immediately terminate Client or any Subscriber’s use of the Panic Button System if such Subscriber’s acts or pattern of activity interfere or threaten to interfere in any manner with any Local 911 Call Center, Emergency Service Provider or TA’s ability to provide Services to its Subscribers, Clients or Emergency Service Providers.
Subscriber expressly agrees that you will not:
• Utilize the Services for any purpose other than as expressly intended by TA;
• Attempt to reverse engineer, decompile, disassemble, or otherwise decode any portion of the Services;
• Perform any actions which would interfere with the proper working of the Services;
• Knowingly restrict or inhibit any other Client or Subscriber from using and enjoying the Services;
• Use the Services to send altered, deceptive or false source-identifying information;
• Copy, modify, distribute, sell, or lease any portion of the Services.
AS A SUBSCRIBER, YOU UNDERSTAND AND ACCEPT FULL LEGAL RESPONSIBILITY FOR THE CONTENT, ACCURACY, AND SUFFICIENCY OF ALL CLIENT INFORMATION. All Client Information is subject to TA’s then-current Privacy Policy.
YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE A RESIDENT OF ALABAMA OR NEBRASKA, YOU REPRSENT THAT YOU ARE NINETEEN YEARS (19) OF AGE OR OLDER.
IF YOU ARE A RESIDENT OF MISSISSIPPI, YOU REPRESENT THAT YOU ARE TWENTY-ONE YEARS (21) OF AGE OR OLDER.
Subscriber understands and agrees that, TA reserves the right to validate subscriptions, through means of its own choosing, which may include calling and/or sending Client’s Subscribers SMS text messages, emails or phone calls. As a Client, you agree that TA may contact you or your Subscribers to validate the phone number(s) you register with TA’s databases or contact you about changes, outages, and new features and hardware. Client agrees that if one Subscriber registers and validates a phone number which another Subscriber had previously registered, the phone number will be removed from the Subscriber Information and assigned to the other Subscriber. TA will attempt to notify Client and Subscriber of this change via email but cannot guarantee receipt of the message.
IT IS YOUR RESPONSIBILITY TO CORRECT CLIENT INFORMATION WHEN THE INFORMATION PROVIDED IS OR BECOMES INACCURATE. CREATING ANY INTENTIONALLY MISLEADING INFORMATION OR PROVIDING ANY INTENTIONALLY MISLEADING INFORMATION TO LOCAL 911 CALL CENTERS OR EMERGENCY SERVICE PROVIDERS IS POTENTIALLY A CRIME AND IS GROUNDS FOR TERMINATION OF SERVICES. CLIENT UNDERSTANDS AND AGREES THAT THE SERVICES DO NOT VERIFY OR UPDATE YOUR CLEINT INFORMATION OR CLIENT’S SUBSCRIBER INFORMATION FOR YOU.
You understand and agree that it is solely your responsibility to take appropriate precautions to ensure that your Subscriber phone number is not used by any unauthorized person to register for and download the Panic Button System.
You understand and agree that once the content of your Subscriber Information is made available to any Local 911 Call Center, Emergency Service Providers and Designated Subscriber Recipients, it may be transmitted over unsecured Emergency Service Provider radios or may otherwise be made accessible through unsecured communications as part of the information disseminated to or by any such Local 911 Center, Emergency Service Providers or Designated Client Recipients responding to a 911 call or to an emergency. You further understand that the content of the Subscriber Information may also be stored as part of a public record associated with an emergency call if required by local statutes.
YOU UNDERSTAND AND AGREE AND HEREBY AUTHORIZE TA TO RELEASE AND DISCLOSE YOUR SUBSCRIBER INFORMATION TO LOCAL 911 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED CLIENT RECIPIENTS WHERE TECHNOLOGICALLY FEASIBLE.
YOU UNDERSTAND AND AGREE THAT THE LOCAL 911 CALL CENTERS, EMERGENCY SERVICES PROVIDERS AND DESIGNATED Subscriber RECIPIENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY DUTY TO CONTACT OR TO NOTIFY ANY OF YOUR PERSONAL CONTACTS THAT YOU MAY BE INVOLVED IN AN EMERGENCY SITUATION, WHETHER OR NOT YOU MAY HAVE CALLED 911, OR OTHERWISE CALLED OR CONTACTED A LOCAL 911 CALL CENTER OR EMERGENCY SERVICE PROVIDER, OR HAD YOUR SUBSCRIBER INFORMATION PRESENTED TO ANY LOCAL 911 CALL CENTERS OR EMERGENCY SERVICE PROVIDERS VIA THE SERVICES.
You may terminate your use of the Services by uninstalling the Panic Button System on your workstation or mobile phone. If you terminate all or a part of your Services, or if your Service is terminated for any other reason (including but not limited to termination of Services by any Local 911 Call Center, Emergency Service Provider or Subscriber ), then TA will no longer provide you with Services or provide your Subscriber Information to any Local 911 Centers, Emergency Service Providers or Designated Subscriber Recipients.
YOU UNDERSTAND AND AGREE TO MANAGE YOUR TELEPHONE SERVICE PROVIDER ACCOUNT, ACCOUNT SUBSCRIPTIONS, AND SUBSCRIBER LOCATION OPT-IN STATUS AS REQUIRED TO ALLOW THE SERVICES TO LOCATE AND COMMUNICATE WITH YOUR MOBILE PHONE. THESE ACTIONS MAY INCLUDE, BUT ARE NOT LIMITED TO: ENSURING YOU HAVE ANY NECESSARY SMS TEXT MESSAGING OR DATA PLANS ENABLED ON YOUR MOBILE TELEPHONE SERVICE PROVIDER ACCOUNT; ENSURING YOUR ACCOUNT AND MOBILE PHONE LOCATION PRIVACY OPTIONS ARE CONFIGURED TO ALLOW SERVICES TO RETRIEVE YOUR LOCATION; AND ENSURING THAT ANY SOFTWARE REQUIRED TO SUPPORT LOCATION IS INSTALLED AND MAINTAINED ON YOUR MOBILE PHONE AND OTHER DEVICES.
YOU UNDERSTAND AND AGREE THAT SERVICES CANNOT LOCATE ALL MOBILE DEVICES. FURTHERMORE, DEVICES WHICH ARE LOCATION COMPATIBLE MAY NOT BE LOCATABLE BY SERVICES OR THE TELEPHONE SERVICE PROVIDER. YOU UNDERSTAND THAT ANY LOCATION PROVIDED IS APROXIMATE AND DOES NOT PROVIDE GUARANTEED RESULTS. A VARIETY OF FACTORS MAY AFFECT THE AVAILABILITY OF MOBILE LOCATION. YOUR MOBILE DEVICE MUST BE TURNED ON, CHARGED AND LOCATED WITHIN A SUPPORTED MOBILE NETWORK COVERAGE AREA. AVAILABILITY AND ACCURACY OF ANY AVAILABLE LOCATION INFORMATION IS SUBJECT TO NETWORK CAPABILITIES AND ENVIRONMENTAL CONDITIONS SUCH AS STRUCTURES, BUILDINGS, WEATHER, GEOGRAPHY, LANDSCAPE, AND TOPOGRAPHY, AVAILABLE DATA, ATMOSPHERIC CONDITIONS AND OTHER FACTORS, KNOWN AND UNKNOWN, ASSOCIATED WITH USE OF MOBILE NETWORKS, SATELLITES AND SATELLITE DATA. SERVICES CANNOT LOCATE DEVICES THAT ARE NOT IN THE UNITED STATES. DUE TO SUCH VARIABLES ASSOCIATED WITH THE ABILITY TO LOCATE A MOBILE PHONE, AVAILABILITY, SECURITY, SPEED, TIMELINESS, ACCURACY AND RELIABILITY OF SERVICE ARE NOT AND CAN NOT BE GUARANTEED.
YOU UNDERSTAND AND AGREE THAT THE PANIC BUTTON SYSTEM DOES NOT ALLOW YOU TO INITIATE A REQUEST FOR ASSISTANCE VIA SMS TEXT MESSAGE. IN AN EMERGENCY, YOU MUST PLACE A PHONE CALL TO 911. SHOULD AN EMERGENCY SERVICE PROVIDER ATTEMPT TO COMMUNICATE WITH YOU VIA SMS TEXT MESSAGE, YOU MAY BE REQUIRED TO TERMINATE THE 911 CALL, AND TAKE THE STEPS NECESSARY TO EXIT YOUR PHONE FROM EMERGENCY MODE. REGARDLESS, ALL SMS COMMUNICATIONS ARE MADE ON AN “AS IS,” “AS AVAILABLE” AND “WITH NO WARRANTY AGAINST DEFECTS” BASIS AND MUST NOT BE RELIED UPON AS YOUR SOLE MEANS TO COMMUNICATE WITH EMERGENCY SERVICE PROVIDERS.
SUBSCRIBER UNDERSTANDS AND AGREES THAT TA, THE TELEPHONE SERVICE PROVIDER(S) FOR A SUBSCRIBER PHONE, ANY LOCAL 911 CALL CENTERS AND EMERGENCY SERVICE PROVIDER(S), AND ANY CLIENT AND DESIGNATED CLIENT RECIPIENTS, (INCLUDING WITHOUT LIMITATION THE OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, SUCCESSORS, ASSIGNS, AND/OR POLITICAL SUBDIVISIONS OF EACH OF THE FOREGOING), WHERE IT IS POSSIBLE TO DO SO: (A) ARE INTENDED TO BE AND SHALL BE REGARDED AS DIRECT AND/OR THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT BETWEEN SUBSCRIBER AND TA; (B) RESERVE AND MAY ASSERT AGAINST SUBSCRIBER, THEIR RESPECTIVE HEIRS AND ASSIGNS, 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 DO NOT SURRENDER OR RELINQUISH IN ANY MANNER ANY CLAIMS OR DEFENSES THEY MAY OTHERWISE BE ABLE TO ASSERT AGAINST SUBSCRIBER, THEIR RESPECTIVE HEIRS AND ASSIGNS.
ALL SUBSCRIBERS UNDERSTAND AND AGREE THAT TA, ALONG WITH ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, PARENT COMPANIES, SUCCESSORS AND ASSIGNS (THE “RELEASEES”) DISCLAIM ANY AND ALL LIABILITY, WHATSOEVER, WHETHER RAISED BY A THIRD PARTY OR OTHERWISE, FOR ANY AND ALL REASONS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, LOSS, INFRINGEMENT, INVASION OF PRIVACY, PROPERTY DAMAGE, AND INTERRUPTION TO BUSINESS, TO ANY SUBSCRIBER AND THEIR RESPECTIVE HEIRS AND ASSIGNS, WHICH MAY RESULT FROM THE USE OF OR ANY ERRORS OR OMISSIONS OF THE SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, OR FAILURE TO PROVIDE ANY INFORMATION THROUGH THE SERVICES.
ALL SUBSCRIBERS UNDERSTAND AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE, WAIVE, DISCHARGE, COVENENANT NOT TO SUE, AND HOLD HARMLESS 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 ANY SUBSCRIBER OR BY ANY OTHER PERSON OR PERSONS CLAIMING THROUGH A SUBSCRIBER, 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 INFORMATION.
YOU AGREE TO INDEMNIFY EACH RELEASEE FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES) OF ANY KIND ARISING FROM OR ATTRIBUTABLE TO: (A) ANY BREACH OF THIS AGREEMENT BY YOU OR, (B) ANY THIRD-PARTY CLAIM AGAINST A RELEASEE RELATING TO YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY RELEASEE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL INFORMATION, OR BUSINESS INTERRUPTION) FROM OR DUE TO THE USE, MISUSE OR INABILITY TO USE THE SERVICES, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS,” “AS AVAILABLE,” AND “WITH NO WARRANTY AGAINST DEFECT” BASIS.
TA EXPRESSLY DISCLAIMS 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, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AVAILABILITY, AND ACCURACY.
In addition to the above limitations on liability, TA hereby specifically asserts the following provisions:
Exculpatory Clause
Subscriber agrees and affirms that TA is not an insurer and that no insurance coverage is offered herein as it relates to the Panic Button System or any other service or product provided by TA. Subscriber ’s payments to TA are for the provision of self-installed software and hardware for communication with Emergency Service Providers, Subscribers, and Designated Subscriber Recipients to assist in the reduction of notification and response times during emergency situations, and other alerts, though TA does not guarantee that no property loss, damage or personal injury or death will occur. TA is not assuming any liability and therefore shall not be liable to Subscriber for any loss or damages sustained by Subscriber as a result of burglary, theft, robbery, active shooter situations, or any other illegal acts of third parties, or personal injury, property damage or loss by fire, smoke, water or any other cause whatsoever, regardless whether such loss or damage was caused by or contributed to or by TA’ negligent performance or failure to perform any obligation contained herein (together “Losses”). For purposes of clarity, TA’s services are provided, not as a substitute, but rather in addition to commonly accepted and standard means of notification and emergency response initiatives and procedures already existing and available to Subscriber and the general public.
Limitation of Liability
The Subscriber agrees that the Panic Button System is not designed to prevent any loss by burglary, theft, robbery, active shooter situations, or any other illegal acts of third parties, or personal injury, property damage or loss by fire, smoke, water or any other cause (together “Losses”). If, notwithstanding the terms of this agreement, there should arise any liability on the part of TA as a result of Losses which was caused or contributed to by TA’S negligence to any degree or failure to perform any obligation, such liability will be limited to an amount equal to six (6) months of Subscriber ’s total monthly fees.
Subscriber agrees that any dispute arising under these Terms or the Privacy Policy shall be submitted to binding arbitration according to the rules and regulations of, and administered by, the American Arbitration Association, and that any award granted pursuant to such arbitration may be rendered to final judgment. If any dispute arises hereunder, the prevailing party shall be entitled to all costs and attorney’s fees from the losing party for enforcement of any right included in this Agreement, whether in Arbitration, a Court of first jurisdiction and all Courts of Appeal. These Terms and the Privacy Policy shall be governed under the laws of the state of Alabama, without regards to conflict of law principles, and the venue for any disputes hereunder shall be in the Circuit Court of Columbiana, Shelby County, Alabama, or the federal courts encompassing such venue.
In the event any provision of these Terms or the Privacy Policy is determined by an arbitrator or court of competent jurisdiction to be void, the remaining provisions of this Agreement shall remain binding on the parties hereto with the same effect as though the void provision(s) had been limited or deleted, as applicable. Any provisions of this Agreement that, by their nature, are intended to survive the termination of Services, including without limitation, the provisions of the Section above entitled “LIMITATIONS” shall survive any such termination without limitation.
Certain obligations set forth herein represent independent covenants by which you may be bound and shall remain bound regardless of any breach of these Terms and the Privacy Policy and shall survive termination of these Terms. TA reserves the right to modify any portion of these Terms or the Privacy Policy at any time by posting the revised Terms here. Your continued use of any of the Services following any such posting constitutes your acceptance of the revised Terms and Privacy Policy.
TA may assign these Terms in its sole discretion. You are not permitted to assign these Terms without the prior written consent of TA. The failure by TA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The section headings in this Agreement are provided solely for the convenience of the Subscriber and do not constitute or modify the provisions of this Agreement.
Subscriber understands and agrees that TA may send Subscriber certain communications which pertain to and are considered part of the Services. Notices texted, called or emailed to you will be deemed given and received when the text, call or email is made or sent. TA has no obligation to provide notice by U.S. Mail or any other means even if its attempt to transmit such communication to a Subscriber ’s phone or email address fails for any reason. TA may, but is not obligated to, undertake repeated efforts to send such communications to Subscriber if it receives notification that the attempted electronic communication failed for any reason.
Any notices to TA shall be in writing, and shall be deemed delivered upon:
(a) personal delivery, if delivered by hand during ordinary business hours;
(b) the day of actual delivery if sent by U.S. Mail, postage pre-paid;
(c)the day of signed receipt if sent by certified mail, postage pre-paid, or other nationally recognized carrier, return receipt or signature requested and addressed to TA as follows: Community Response Systems, LLC d.b.a.TeamAlert™, PO Box 36187 Birmingham, AL 35244, Attention: Legal Department.
Additional terms regulating the handling of Client and Subscribers’ personal information are contained in the Privacy Policy located here:
https://www.teamalert.com/privacy-policy/
By accepting this Agreement, you are also acknowledging that you have reviewed and are accepting the Privacy Policy.
Should any part of this Agreement be deemed unenforceable or contrary to applicable law, it is understood and agreed that such section shall be stricken and the remainder of the Agreement shall remain in full force and effect.
These Terms of Use and the Privacy Policy, constitute the entire agreement between Subscriber and TA with respect to the Services and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use or the Privacy Policy will be effective only if in writing and signed by TA.
REVISED: 4/27/2023