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Welcome to the Community Emergency Alert Network system (“the Service”). Fairfax County
(hereafter known as "Provider") provides this service to you
subject to the following Terms of Service ("TOS"), which we
may update from time to time without notice to you. In addition, when
using particular alert system services from the Provider, you shall be
subject to any guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
The Service currently provides users with the
ability to receive e-mail, mobile device text messages and/or desktop
notifications generated by Provider officials. You
understand and agree that the Service is provided "AS-IS" and
that Provider and Roam Secure Inc. assume no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
In order to use the Service, you must obtain access
to the World Wide Web or your organization's Intranet, either directly
or through devices that access web-based content,
and pay any required service fees associated with such access. In addition,
you must provide all equipment necessary to make such connection to the
World
Wide Web, including a computer and modem or other access device. You
must also have a useable e-mail address or own a mobile device and have
invoked its ability to receive text messaging.
In consideration of your use of the Service,
you agree to: (a) provide true, accurate, current and complete information
about yourself as prompted
by the Service's registration form (such information being the "Registration
Data"). If you provide any information that is untrue, inaccurate,
not current or incomplete, or Provider has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
Provider has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
Provider is concerned about the safety and privacy of all its users.
Moreover, we support safe driving policies and request that you only
use the Service when you are not driving a vehicle.
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy policy
on this Web site.
You agree to not use the Service to:
a. register any user that does not have your express permission;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Provider
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
f. intentionally or unintentionally violate any applicable local, state, national
or international law and any regulations having the force of law;
g. "stalk" or otherwise harass another; or
h. collect or store personal data about other users.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which
you reside.
You agree to indemnify and hold Provider, Roam Secure Inc. and its
subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
You agree that Provider has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that the Service
reserves the right to log off accounts that are inactive for an extended
period of time. You acknowledge that you may only rebroadcast a message
sent through the Service in its exact, unmodified form and in its entirety.
Provider reserves the right to prohibit the rebroadcast of any message.
If Provider exercises this right, you may not rebroadcast any portion
of such message. You further acknowledge that Provider reserves the right
to change these general practices and limits at any time, in its sole
discretion, with or without notice.
Provider reserves the right at any time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice.
You agree that neither Provider nor Roam Secure Inc. shall be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
You agree that Provider, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if Provider believes that you
have violated or acted inconsistently with the letter or spirit of the
TOS. Provider may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge and
agree that Provider may immediately deactivate or delete your account
and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that
neither Provider nor Roam Secure Inc. shall be liable to you or any third-party
for any termination of your access to the Service.
Currently, the Service has no advertising. In the event that it works
with advertisers, your correspondence or business dealings with, or participation
in promotions of advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that neither Provider
nor Roam Secure Inc. shall be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Provider has no control over
such sites and resources, you acknowledge and agree that neither Provider
nor Roam Secure Inc. is responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
that neither Provider nor Roam Secure Inc. shall be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
You acknowledge and agree that the Service
and any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by Provider or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PROVIDER AND ROAM SECURE INC. EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.PROVIDER AND ROAM SECURE INC. MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM PROVIDER, ROAM SECURE INC. OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER AND ROAM SECURE INC.
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF PROVIDER AND ROAM SECURE INC. HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND
16 MAY NOT APPLY TO YOU.
Notices to you may be made via email. The Service may also provide
notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
Provider, Roam Secure, Inc. and their respective logos, trademarks
and service marks, are trademarks of Provider and Roam Secure, Inc. Without
the prior permission of Provider and Roam Secure Inc., you agree not
to display or use these marks in any manner.
The TOS constitutes the entire agreement between you, and Provider
and Roam Secure Inc., and governs your use of the Service, superceding
any prior agreements between you, Provider and Roam Secure Inc. You also
may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you, Provider and Roam Secure Inc.
shall be governed by the laws of the Commonwealth of Virginia without
regard to its conflict of law provisions. You, Provider and Roam Secure
Inc. agree to submit to the personal and exclusive jurisdiction of the
courts located within the Commonwealth of Virginia. The failure of Provider
or Roam Secure Inc. to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision. If
any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service
or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
Please report any violations of the TOS to Provider.
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