By registering for and downloading CRS’s Panic Button System on a mobile phone or other mobile device, a Subscriber will have the ability to automatically dial 911 from such mobile phone or other device in an emergency situation. If the Subscriber activates the Panic Button System in the case of an emergency, the Services are designed to transmit the mobile phone number originally provided by such Subscriber to CRS in connection with registering for and downloading the Panic Button System, together with information provided by the Client who has authorized Subscriber’s use of the Panic Button System (“Client Information”) and the location of Subscriber’s device at the time of such activation (“Location Information”), 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: mobile phone number, Location Information 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”.
YOU, AS A SUBSCRIBER, ACKNOWLEDGE AND AGREE THAT BY REGISTERING FOR AND DOWNLOADING THE PANIC BUTTON SYSTEM AND ANY OTHER SERVICES, YOU PROVIDE CONSENT TO RELEASE ALL SUBSCRIBER 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. CRS 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 CRS 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) OR 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.
CRS cannot control the manner in which emergency services are rendered, and therefore cannot guarantee that Local 911 Call Centers, Emergency Service Providers, or Clients will utilize the Subscriber Information in connection with their response to any activation of the Panic Button System.
Only Client is licensed to authorize Subscribers to use CRS’s Services. Clients may include local municipalities, hospitals, schools, businesses, or organizations that contract with CRS for the ability to authorize the use of CRS’s Services by Subscribers. All Clients are bound by a license agreement with CRS, and agree to use CRS’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 CRS. 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.
At any time, you may stop text messages from being sent to your mobile phone by simply texting STOP to the number from which you are receiving messages after which time you will no longer receive text messages from the Services. Text INFO or HELP from your registered mobile phone to the number from which you are receiving messages and you will be sent a text message with simple instructions.
EACH SUBSCRIBER UNDERSTANDS AND AGREES THAT SERVICES PROVIDED BY CRS ARE NOT AVAILABLE IN ALL AREAS. Each Subscriber understands and agrees that many of the Services provided by CRS are subscription based-services which are only available if purchased by both Client and applicable Emergency Service Provider(s). Each Subscriber understands and agrees that it is Subscriber’s responsibility to ensure that the Panic Button System is properly installed, configured, and that its mobile phone number is verified by CRS.
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 and Designated Client Recipients 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 CRS DOES NOT HAVE CONTROL OVER THE NETWORKS, EQUIPMENT OR FACILITIES OF TELEPHONE SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT CRS 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 CRS 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. CRS, 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 CRS IS NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF ANY LOCAL 911 CALL CENTER, EMERGENCY SERVICE PROVIDER OR DESIGNATED CLIENT RECIPIENTS. CRS CANNOT GUARANTEE DELIVERY OF ANY 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 SUBSCRIBER 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 RELIED UPON TO PROVIDE EMERGENCY RESPONSE SERVICES. SUCH EMERGENCY RESPONSE SERVICES CAN ONLY BE DIRECTLY ACCESSED BY PLACING A DIRECT CALL TO 911. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR UPDATING THE REGISTRATION OF YOUR MOBILE PHONE AND ANY OTHER DEVICES IN CRS’S DATABASES TO ACCOUNT FOR ANY CHANGE IN THE PHONE NUMBER ASSOCIATED WITH SUCH PHONE AND OTHER DEVICES.
Each Subscriber understands and agrees that CRS 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 CRS. Each Subscriber understands and agrees that CRS reserves the right to suspend Subscriber’s use of the Panic Button System for any mobile phone number that is no longer valid or if the location tracking setting on Subscriber’s phone is disabled or otherwise tampered with in any way. Furthermore, CRS reserves the right to suspend or immediately terminate 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 CRS’s ability to provide Services to its Subscribers, Clients or Emergency Service Providers.
Subscriber expressly agrees that you will not:
YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE A RESIDENT OF ALABAMA OR NEBRASKA, YOU REPRESENT 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, CRS reserves the right to validate subscriptions, through means of its own choosing, which may include calling and/or sending Subscribers SMS text messages. As a Subscriber, you agree that CRS may contact you to validate the phone number(s) you register with CRS’s databases. You also agree that if another Subscriber registers and validates a phone number which you had previously registered, the phone number will be removed from your Subscriber Information and assigned to the other Subscriber. CRS will attempt to notify you of this change via SMS but cannot guarantee your receipt of the message.
IT IS YOUR RESPONSIBILITY TO CORRECT YOUR SUBSCRIBER INFORMATION WHEN THE INFORMATION YOU HAVE PROVIDED IS OR BECOMES INACCURATE. CREATING ANY INTENTIONALLY MISLEADING SUBSCRIBER 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. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE SERVICES DO NOT VERIFY OR UPDATE YOUR SUBSCRIBER INFORMATION FOR YOU. Subscriber must confirm, at least once every six (6) months, that its mobile phone number is accurate. Failure to do so may prevent your mobile phone number from being provided to any Local 911 Call Center and Emergency Service Providers.
YOU AGREE YOUR SUBSCRIBER INFORMATION WILL ONLY INCLUDE INFORMATION ABOUT ADULTS AND/OR CHILDREN FOR WHOM YOU HAVE LEGAL RESPONSIBILITY OR APPROPRIATE PRIOR CONSENT, AND THAT THE SUBSCRIBER INFORMATION DOES NOT INFRINGE OR INVADE THE PRIVACY OF ANY SUCH PERSON.
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 Client 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 CRS 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 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 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 CRS will no longer provide you with Services or provide your Subscriber Information to any Local 911 Centers, Emergency Service Providers or Designated Client 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 CRS, 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 CRS; (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 CRS, 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.
CRS 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.
CRS may assign these Terms in its sole discretion. You are not permitted to assign these Terms without the prior written consent of CRS. The failure by CRS 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.
You understand and agree that CRS may send you certain communications which pertain to and are considered part of the Services, such as announcements, newsletters, service announcements and other administrative messages, by SMS text or email message. Your ability to opt out of these communications will be governed by applicable laws and CRS’s policies. Notices texted or emailed to you will be deemed given and received when the text or email is sent. CRS 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. CRS may, but is not obligated to, undertake repeated efforts to send such communications to Subscribers if it receives notification that the attempted electronic communication failed for any reason.