Mobile App End-user License Agreement
Welcome to InCaseofCrisis.com, a service developed by RockDove Solutions, Inc. ("RDS").
As is further explained below, you should be aware that the material that appears on our site and is loaded into a Crisis Plan is for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of content developed by users and contributors of content within a Crisis Plan posted within In Case of Crisis. RDS cannot be held responsible for the responses, contact information or event details provided by users of the In Case of Crisis app. We hope that individuals will provide content that is applicable and accurate but we do not monitor the information provided or hosted within a Crisis Plan.
OWNERSHIP OF MATERIALS
Except as otherwise noted, the information and/or software within and available through this website are the exclusive property of RDS or its licensors. All website design elements, text, logo, icons, the presentation, selection and arrangement thereof, are Copyright © 2011-2016, RockDove Solutions, Inc. (RDS and InCaseofCrisis.com) 12110 Sunset Hills Rd, Suite 600, Reston, VA 20190 ALL RIGHTS RESERVED. Other than as otherwise described herein, they may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without RDS's prior written permission. Except as expressly provided herein, RDS grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our site in any manner other than that described in this agreement, please contact RDS at 1-800-787-1639.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE PURCHASED SERVICES, RDS'S WEBSITE, THE IN CASE OF CRISIS APP AND THE INTERNET GENERALLY. RDS IS PROVIDING THE PURCHASED SERVICES, ITS WEBSITE, AND ITS CONTENTS ON AN "AS IS" BASIS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL RDS (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR PERSONAL HARM) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, CONTACT INFORMATION, EMERGENCY NUMBERS OR ANY HYPERLINKED WEBSITE, OR ANY OTHER INFORMATION, EVEN IF RDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RDS DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS OR THE MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF RDS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You warrant to RDS that you will not use RDS's service, software, or website for any purpose that is unlawful or prohibited by these terms, conditions, and notices and that you have the validly to enter into this Agreement and the legal power to do so.
You acknowledge your understanding that RDS's In Case Of Crisis service and software is NOT AN EMERGENCY NOTIFICATION SYSTEM, but is instead service and software designed to facilitate the distribution of your previously prepared materials concerning emergency management plans.
In Case of Crisis is unavailable to persons under the age of 13. You agree that the information you provide to In Case of Crisis upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
When you register for In Case of Crisis you may be asked to provide a password and/or a PIN. We recommend passwords and your PIN use a combination of upper and lower case letters, numbers and symbols. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times.
RDS allows the submission of content and materials (such as Crisis Event Narrative, Responses, and Responder Contact Information) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you have the necessary licenses, rights, consents, and permissions to use, and RDS to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by RDS and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by RDS and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions, except for the permissions and licenses granted to RDS herein.
By submitting User Submissions to RDS, you hereby grant RDS a worldwide, non-exclusive, irrevocable, perpetual, sub licensable, and transferable license to use, distribute, display, without compensation to you or any other provider, User Submissions in connection with RDS's (and its successor's) business, including without limitation for promoting and redistributing part or all of In Case of Crisis (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of RDS's In Case of Crisis service and software a non-exclusive license to access your User Submissions through RDS's In Case of Crisis service and software, and to distribute User Submissions as permitted through the functionality of RDS's In Case of Crisis service and software and under this Agreement.
RDS assumes no responsibility whatsoever in connection with or arising from User Submissions. You understand that whether or not such User Submissions are published, RDS does not guarantee any confidentiality with respect to any User Submissions. You acknowledge that User Submissions are not confidential and are specifically designed to be made publicly available to all users of RDS's In Case Of Crisis service and software. RDS assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time RDS chooses, in its sole discretion, to monitor User Submissions, RDS nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, RDS does not endorse and has no control over the content of User Submissions submitted by other Users. RDS makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, RDS reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
In Case of Crisis service and software may include links or phone numbers to other services solely as a convenience to Users. RDS does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, RDS makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
HIGHLY SENSITIVE PERSONAL INFORMATION
Notwithstanding any provision to the contrary in this Agreement, you acknowledge and agree that use of In Case of Crisis to transmit, process or store Highly Sensitive Personal Information (as defined below) is unnecessary for use of the Services and therefore you shall be solely responsible for any such use of the Services by yourself or your employees, agents or subcontractors and RockDove Solutions, Inc. shall bear no risk or liability for same. "Highly Sensitive Personal Information" shall be defined as (a) social security numbers; (b) passport numbers or other government issued id numbers, date of birth and/or gender, except solely to the extent required by applicable regulations of the Department of Homeland Security or other government regulatory body; (c) health or medical information (other than food allergies or medical contact information); (d) financial account information; and (e) other information which a reasonable person would recognize as being highly sensitive (but excluding, for avoidance of doubt, contact information such as name, mailing address, email address, and phone number).
END USER LICENSES, LICENSE GRANT, RESTRICTIONS AND UPGRADES
To use the In Case of Crisis Software, you must have a mobile device that is compatible with In Case of Crisis service and software. RDS does not warrant that In Case of Crisis service and software will be compatible with your mobile device.
- Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the In Case of Crisis Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the In Case of Crisis Software to any third party; (iii) make any copies of the In Case of Crisis Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the In Case of Crisis Software, features that prevent or restrict use or copying of any content accessible through the In Case of Crisis Software, or features that enforce limitations on use of the In Case of Crisis Software; or (v) delete the copyright and other proprietary rights notices on the In Case of Crisis Software.
- Software Upgrades. You acknowledge that In Case of Crisis may from time to time issue upgraded versions of the software, and may automatically electronically upgrade the version of the software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
- Open Source. With respect to any open source or third-party code that may be incorporated in the In Case of Crisis Software, such open source code is covered by the applicable open source or third-party EULA, if any, authorizing use of such code.
GOVERNMENT END USERS
We provide the Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with RDS to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.
You agree that RDS, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account (or any part thereof) you have with In Case of Crisis or use of In Case of Crisis and remove and discard all or any part of your account or any User Submission, at any time. You further agree that RDS may terminate any part of In Case of Crisis if (1) in RDS's opinion, the service is no longer commercially viable, or (2) we are required to do so by law. You agree that any termination of your access to In Case of Crisis or any account you may have or portion thereof may be effected without prior notice, and you agree that RDS will not be liable to you or any third-party for any such termination. RDS does not permit copyright infringing activities on In Case of Crisis, and reserves the right to terminate access to In Case of Crisis, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of In Case of Crisis may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RDS may have at law or in equity.
MODIFICATION OF THIS AGREEMENT
We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms & Conditions at any time. Please check these Terms & Conditions periodically for changes. Your continued use of In Case of Crisis after the posting of any modifications or changes constitutes your binding acceptance of such changes.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold RDS, its affiliated companies, and its suppliers and partners harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any emergency information or RDS's services or software generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of RDS's services or software. RDS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with and provide any necessary information for our defense of these claims.
Governing Law. — This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
Jurisdiction. — You agree that any action at law or in equity arising out of or relating to this Agreement or RDS's services or software shall be filed only in the state or federal courts in and for Delaware and You hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.
Assignment. — This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by RDS without restriction.
Survival. — Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survives any termination of this Agreement or any termination of your use of RDS's service or software.
Claims. — YOU AGREE THAT ANY CAUSE OF ACTION YOU HAVE OR THAT ACCRUES TO YOU ARISING OUT OF OR RELATED TO RDS'S SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. — The services hereunder are offered by RockDove Solutions, Inc. located at 12110 Sunset Hills Rd, Suite 600, Reston, VA 20190.
EFFECTIVE DATE, DATE LAST MODIFIED: February 22, 2016.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.