FLEET OPEN / CLOSED SERVICE
END USER LICENSE AGREEMENT
TERMS AND CONDITIONS
The legal agreements (license) set out below are between you (licensee) and the all hazards consortium (which operates the multi-state fleet response working group) (provider) and govern your use of the portal, the fleet open/closed service application and related products & services (“portal/services”). To agree to these terms, click "agree." if you do not agree to these terms, do not click "agree," and do not use the service(s).
This license is intended for the use of you, the licensee, only and may not be assigned to any party. Other than the license right specified herein, no other right or interest is conveyed with respect to the information and analytics contained herein and all copyrights, trademarks, service marks, and other intellectual property remains the property of the licensor.
For more information about our products and services, contact us at [email protected].
1. PAYMENTS, TAXES, AND REFUND POLICY
If a credit or debit card is being used for a transaction, PROVIDER may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction. When making purchases, your credit or debit card is charged for amount/balance due.
You agree that you will pay for all products you use through the service, and that PROVIDER may charge your payment method for any products used and for any additional amounts (including any late fees, as applicable) that may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing PROVIDER with a valid payment method for payment of all fees.
You are responsible for any tax obligations in your state. Any payments due to PROVIDER are net of any applicable taxes.
All licenses of products/services are final.
Prices for products offered via the PROVIDER may change at any time, and the PROVIDER does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to your initial use, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by PROVIDER.
If questions concerning Portal/Service arise, please contact the Help Desk via email at [email protected]
B. PROVIDER PORTAL TERMS AND CONDITIONS
This legal agreement between you and provider governs your use of the all hazards consortium’s multi-state fleet response working group portal services (the “service”).
THE PROVIDER PORTAL SERVICE
PROVIDER is the provider of the Portal, which permits you to purchase a license for view-only access to digital content for end-user use only under the terms and conditions set forth in this Agreement. Licensee understands and agrees that it may not download, manipulate or use the data and information in any manner other than view.
REQUIREMENTS FOR USE OF THE SERVICE
This Portal and related services are available for operational usage to organizations and individuals aged 18 years or older.
This Portal/Service license is intended strictly for government agencies, first responders, relief organizations and registered members of the All Hazards Consortium’s (AHC) Multi-State Fleet Response Working Group (FWG). PROVIDER reserves the right to not license to non-designated parties and to rescind or revoke any licensing agreement with non-authorized parties. It is understood that the PROVIDER may monitor usage LICENSEE'S access to data to ensure compliance with the terms of this Agreement.
The Portal and related services are available to you only in the United States. You agree not to use or attempt to use the Portal from outside this location. PROVIDER may use technologies to verify your compliance.
Use of the Portal and related services require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Portal and related services and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Portal and related services are not part of any other product or offering, and no purchase, license, or use of any other product shall be construed to represent or guarantee you access to the Portal.
LICENSEE agrees that it is prohibited from soliciting, directly or indirectly, any commercial customers whose data may be a part of the analytics or algorithms used to create the end product which is the subject of this license.
As a registered user of the Portal and related services, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify PROVIDER of any security breach of your Account. PROVIDER shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase PROVIDER Products/Services from the PROVIDER Portal, you must enter your USER ID and PASSWORD to authenticate your Account for purchases. Once you have authenticated your Account using your USER ID and PASSWORD, you will not need to authenticate again for fifteen minutes on your computer or until you logout. During this time, you will be able to purchase and use the Portal and related services without re-entering your password.
You agree to provide accurate and complete information when you register with, and as you use, the Portal and related services, and you agree to update your registration/account to keep it accurate and complete. You agree that PROVIDER may store and use your account registration data (not your credit card information) that you provide for use in maintaining and billing fees to your Account.
We take appropriate precautions to protect any Personal Information that you submit to us. The PROVIDER'S user accounts are secured by user-created passwords. Since a user account may contain personal information (e.g., an e-mail address that contains a person’s real name), the PROVIDER takes precautions to insure that user account information is kept private. The PROVIDER uses reasonable measures to protect user information that is stored within our database, and restricts access to user information to those who are responsible to operate and maintain the Site, including employees and service providers of the PROVIDER, such as our customer service personnel and technical staff. Please note that the PROVIDER cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Please do not transmit any private or confidential information to the PROVIDER by email or through the Site. The Company cannot guarantee the security of any information transmitted over the internet. Regardless of the precautions taken by you or by the PROVIDER, “perfect security” does not exist on the internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk. The PROVIDER will not sell or share any data you may provide to it in connection with the Portal Service without your prior written permission.
PROVIDER reserves the right to change Portal options (including eligibility for particular features), available content, and hours of operation without notice.
USE OF PURCHASED CONTENT
You agree that the PROVIDER Portal and related products and services are provided to you by way of a license only. Some PROVIDER Products/Services may include a security technology that limits your use of PROVIDER Products/Services and that, whether or not PROVIDER Products/Services are limited by security technology, you shall use PROVIDER Products/Services in compliance with the applicable usage rules established by PROVIDER and its licensors (“Usage Rules”), and that any other use of the PROVIDER Products/Services may constitute a copyright infringement.
Any security technology is an inseparable part of the PROVIDER Products/Services. PROVIDER reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by PROVIDER and/or its business partners for compliance purposes, and PROVIDER reserves the right to enforce the Usage Rules without notice to you. You agree not to access the PROVIDER Portal/Service by any means other than through software and/or access methods provided by PROVIDER for accessing the PROVIDER Portal and related Products/Services. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the Products/Services in any manner or form, or to use modified versions of the Portal and related Products/Services for any purposes including obtaining unauthorized access to the PROVIDER Portal/Services. Violations of system or network security may result in civil or criminal liability.
(i) You shall be authorized to use PROVIDER Products/Services only for your direct use.
(ii) You shall be authorized to use PROVIDER Products/Services with a single USERNAME and PASSWORD on compatible devices at any time.
(iii) You WILL NOT be able to store PROVIDER Products/Services at any time.
(iv) You shall not be entitled to record, take pictures, or burn audio/video of PROVIDER Products/Services.
(vi) PROVIDER Products/Services may contain security technology that limits your usage of such Products/Services, and Usage Rules.
Certain PROVIDER Portal/Products/Services content provided may include materials from third parties. PROVIDER may provide links to third-party websites and/or sources as a convenience to you. You agree that PROVIDER is not responsible for examining or evaluating the content or accuracy and PROVIDER does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that PROVIDER is not in any way responsible for any such use by you.
You understand that by using the Service via Internet access, you may unintentionally encounter Internet-based material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and PROVIDER shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and you agree that PROVIDER does not guarantee their accuracy.
You agree that the Products/Services, including but not limited to all graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contain proprietary information and material that is owned by PROVIDER and/or its licensors/partners, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, PROVIDER and its licensors/partners reserve the right to change, suspend, remove, or disable access to any PROVIDER Products/Services, content, or other materials comprising a part of the Products/Services at any time without notice. In no event will PROVIDER be liable for making these changes. PROVIDER may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrights in and to the Products/Services, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by PROVIDER and/or its licensors/partners, who reserve all their rights in law and equity. The use of the product/service, related software or any part of the service, except for use of the service as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
The All Hazards Consortium, the Multi-State Fleet Response Working Group, and other licensors/partner related trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of their corresponding organizations in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
As an Account holder of the Portal and related Products/Services in good standing, you may be provided with limited access to certain information. Such access is provided as an accommodation only, and PROVIDER does not warrant, and will not have any liability or responsibility for, such information or your use thereof. You agree that you WILL NOT use this information in any manner that would infringe or violate this Agreement or the rights of any other party, and that PROVIDER is not in any way responsible for any such use by you.
If you fail, or PROVIDER suspects that you have failed, to comply with any of the provisions of this Agreement, PROVIDER, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the PORTAL/PRODUCT/SERVICE/SOFTWARE; and/or (iii) preclude access to the Portal and/or related Product/Service (or any part thereof).
PROVIDER reserves the right to modify, suspend, or discontinue the Portal and/or related Product/Service(s) (or any part or content thereof) at any time with or without notice to you, and PROVIDER will not be liable to you or to any third party should it exercise such rights.
The PROVIDER’S Portal/Service, at PROVIDER’S sole discretion, may be interrupted or stopped at any time. In such event LICENSEE's sole recourse is to receive a pro rata refund of fees paid for services not yet delivered.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
Provider does not guarantee, represent, or warrant that your use of the provider portal/service will be uninterrupted or error-free, and you agree that from time to time provider may remove the provider service for indefinite periods of time, or cancel the provider service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the provider service is at your sole risk. The provider service and all products and services delivered to you through the provider service are (except as expressly stated by provider ) provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
In no case shall provider , its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the provider service or for any other claim related in any way to your use of the provider service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the provider service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, AHC’s liability shall be limited to the extent permitted by law.
Provider shall use reasonable efforts to protect information submitted by you in connection with the provider service, but you agree that your submission of such information is at your sole risk, and provider hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
Provider does not represent or guarantee that the provider service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and provider disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any provider products purchased from the provider store.
WAIVER AND INDEMNITY
By using the provider service, you agree, to the extent permitted by law, to indemnify and hold AHC, its directors, officers, employees, affiliates, agents, contractors, partners, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the provider portal/service, or any action taken by provider as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from AHC, its directors, officers, employees, affiliates, agents, contractors, partners and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the provider portal/service, or to take any other action during the investigation of a suspected violation or as a result of AHC’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
PROVIDER reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the PROVIDER Portal/Service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and PROVIDER and governs your use of the Portal/Service, superseding any prior agreements between you and PROVIDER. You also may be subject to additional terms and conditions that may apply when you use affiliate services, certain PROVIDER Products, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. PROVIDER’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. PROVIDER will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Portal/Service is operated by PROVIDER from its offices in Frederick, Maryland. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Portal/Service. All transactions on the Portal/Service are governed by Maryland law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. Any dispute arising out of or in connection with your use of the Portal/Service ("Dispute") shall be finally resolved by binding arbitration pursuant to the rules and under the auspices of the American Arbitration Association.
PROVIDER may notify you with respect to the Portal/Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Portal/Service. Notices shall become effective immediately.
PROVIDER reserves the right to take steps PROVIDER believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that PROVIDER has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as PROVIDER believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to PROVIDER’s right to cooperate with any legal process relating to your use of the Service and/or PROVIDER Products/Services, and/or a third-party claim that your use of the Service and/or PROVIDER Products/Services is unlawful and/or infringes such third party's rights).