ONSOLVE, LLC (“OnSolve”) is firmly committed to your privacy. This Privacy Notice states our privacy practices when you visit our website or use any of our products, apps or services (collectively, the “Services”). Our mission in implementing this Privacy Notice is to protect your information and use it only to provide you with the highest quality Services available. The privacy and security of your information is of paramount importance to us. We do not sell, lease, rent, or barter ANY of your personal information to any third parties without your consent other than as provided in this Notice. We value the trust you place in OnSolve. We are committed to providing a website with a secure environment and unparalleled customer service. This Privacy Notice describes the information we collect and how we use such information. Additional terms regarding your use of our Services are contained in the applicable agreement between OnSolve (or its affiliate) and you. As an agent processing personal information on behalf of our customers, OnSolve does not own or control the personal information that it processes on behalf of its customers and does not have a direct relationship with all individuals whose personal information may be processed in connection with the provision of our Services. In these circumstances, OnSolve’s customers are responsible for providing appropriate notice to the relevant individuals and obtaining any requisite consent.
In general, we collect information to help us in our marketing and promotional efforts, to analyze user behavior, and to customize and improve our Services. This information is used to assist OnSolve in serving you when visiting any of our websites or using any of our Services. Our goal is to provide you with a personalized service which includes continually looking for ways to improve our Services and enhance your experience on our websites.
The type of information we collect may be different depending on whether you are signing up to receive notifications, using our Services, communicating to our customer support team, or simply visiting our website. During any one of these processes, we collect contact information, which includes your email address, physical address, phone numbers and/or wireless device information. This information will be used to provide the Services to you. By simply visiting our website (without filling out any forms), we will not collect data that does personally identifies you, but data about your activities (e.g., the pages you viewed, the date and time of your visit, and location information from your IP address or GPS location) is collected. We may use this information to improve our Services, obtain market research information, or better understand how our Services are used generally. We do not intentionally collect personal information from anyone we know to be under eighteen (18) years of age. If you provide us with your information, you represent and warrant that: (i) you are eighteen (18) years of age or older; or, (ii) if you are providing information for a child under eighteen (18) years of age for the purpose of receiving notifications, you are the parent or legal guardian of such child; you are over eighteen (18) years of age; and that you are legally authorized to provide information for such child to be contacted through the Services.
Information may be shared with our affiliates and service providers as needed for business purposes which include delivery of our Services, account administration, customer service, transaction processing, processing and delivery of account statements, and research and analysis. Customers we have a contractual relationship with may view your standard personal information through use of our Services. Through these contractual relationships, we require customers and service providers to maintain a level of privacy protection comparable to our own practices. We may share aggregated statistics of user behavior (e.g., customers, traffic patterns, etc.) with our partners. The aggregated information will not identify any individual personally or contain any personally identifiable information. Our policy is to notify individuals who use our Services of requests for their personal information prior to disclosure unless we are prohibited by law from doing so or in exceptional circumstances, such as emergencies.
We have stringent security measures in place to protect against the loss, misuse, and alteration of information under our control. We use secure technology, privacy protection controls, and restrictions on employee access in order to safeguard your information; however, the very nature of the Internet makes it impossible to guarantee the security of transmitted data.
- InPrivate mode in Microsoft Internet Explorer
- Incognito mode in Google Chrome
- Private browsing mode in Mozilla FireFox
- Private browsing mode in Apple Safari
Effective Date: December 31, 2019 This Privacy Notice for California Residents supplements the information contained in the general Privacy Notice of OnSolve, LLC (“OnSolve, ” “we” or “our”) and applies solely to all visitors to our website and users of any of our products, apps or services (collectively, the “Services”) who reside in the State of California (“consumers” or “you”). We adopt this Privacy Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Privacy Notice.
Information We Collect
Our Services collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, our Services have collected the following categories of personal information from OnSolve visitors and users within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, employee identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, address, personal telephone number, business telephone number. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||NO|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as class lists, student schedules, student identification codes or assignments.||YES|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
OnSolve obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, when you complete our forms and when you register for and use our Services.
- Indirectly from you. For example, from observing your actions on our website
- Directly from our customers. For example, our customers provide personal information about consumers in order to receive the benefit of our services.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our Services, we will use that personal information to respond to your inquiry. If you provide your personal information to subscribe to our Services, we will use that information to process your payment and facilitate delivery of the Services. We may also save your information to facilitate new product orders or process refunds.
- To provide, support, personalize, and develop our Services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your experience of our Services and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of OnSolve’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by OnSolve about users of our Services is among the assets transferred.
OnSolve will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
OnSolve may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. Disclosures of Personal Information for a Business Purpose In the preceding twelve (12) months, OnSolve has disclosed personal information to its service providers for the following business purposes: delivery of our Services, account administration, customer service, transaction processing, processing and delivery of account statements, and research and analysis. Sales of Personal Information In the preceding twelve (12) months, OnSolve has not sold personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. Access to Specific Information and Data Portability Rights You have the right to request that OnSolve disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights You have the right to request that OnSolve delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 1-866-939-0911
- Visiting our website at onsolve.com.
- Emailing us at email@example.com.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Changes to Our Privacy Notice
OnSolve reserves the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated Privacy Notice on our website and update the Privacy Notice’s effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this Privacy Notice, the ways in which OnSolve collects and uses your information as described herein and in OnSolve’s general PrivacyPolicy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone: 1-866-939-0911 Website: www.onsolve.com Email: firstname.lastname@example.org Postal Address: OnSolve, LLC Attn: Cheryl Carmel, Vice President Information Security and Privacy 780 W. Granada Blvd. Ormond Beach FL 32174
OnSolve does not track its customers over time and across third-party websites to provide targeted advertising and therefore does not respond to Do-Not-Track (DNT) signals.
ACCOUNTABILITY FOR ONWARD TRANSFER
Except as permitted or required by applicable law, if OnSolve transfers personal information provided by its Customers to a third party outside the European Economic Area (EEA), and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection as the EEA, we will ensure that the recipient of your Personal Data offers an adequate level of protection by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR) or we will ask you for your prior consent to such international data transfers. OnSolve reserves the right to transfer personal information in the event it sells or transfers all or a portion of its business or assets (including in the event of a reorganization, dissolution or liquidation). OnSolve recognizes potential liability in cases of onward transfer to third-parties and will not transfer any personal information to a third-party without first ensuring that the third-party adheres to the Privacy Shield principles.
The Service is not intended to transmit sensitive data, or personal health information, or financial-related information (including nonpublic information collected by financial institutions subject to regulations specific to the conduct of financial services) or other personal information sensitive in nature. We offer individuals the opportunity through a website we host to choose whether OnSolve may disclose their personal information to third parties (in addition to your local provider for use of the Services). Unless you elect to allow us to share your information, OnSolve will not use personal information for purposes beyond the scope for which the information was originally collected or subsequently authorized by the individual and we will not retain personal information for longer than necessary or as otherwise set forth in the applicable customer agreement. Individuals may contact OnSolve as indicated below regarding the use or disclosure of their personal information. If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive SMS communications or by turning off push notifications on our apps on your device. Additionally, you may unsubscribe by contacting OnSolve using the information in the “Contacting us” section, below. Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information.
OnSolve depends on applicable customers and users of our Services to update and correct personal information, to the extent necessary, for the purposes for which the information was collected or subsequently authorized by the relevant individuals. With respect to personal information OnSolve may obtain directly from individuals through its Website, OnSolve takes reasonable steps to ensure that the personal information we process is (i) relevant for the purposes for which it was collected, (ii) reliable for its intended use, and (iii) accurate, complete and current. Individuals may contact OnSolve as indicated below to request that OnSolve update, correct or request deletion of their personal information. Individuals who seek access or who seek to correct, amend, or delete personal information that OnSolve maintains on behalf of a Customer in connection with the provision of its Services should make such requests directly to the appropriate customer. If an individual is unable to contact the appropriate customer, or does not obtain a response from the customer, OnSolve will provide reasonable assistance in forwarding the individual’s request to the customer. OnSolve may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by applicable law. Individuals may request access to their personal information by contacting OnSolve as indicated below.
You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws and, in particular, if you are located in the EEA, these rights may include the right:
- To access your Personal Data held by us (right to access);
- To rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete (right to rectification);
- To erase/delete your Personal Data, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten);
- To restrict our processing of your Personal Data, to the extent permitted by law (right to restriction of processing);
- To transfer your Personal Data to another controller, to the extent possible (right to data portability);
- To object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
- Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”). Automated Decision-Making currently does not take place on our websites; and
- To the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
If you are a resident of California, under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our websites. Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another visitor to our websites. To exercise your rights, please contact us by submitting a request to email@example.com. We respond to all legitimate requests within one month and we will contact you if we need additional information in order to honor your request. If your data has been submitted to us by an OnSolve customer for purposes of providing our services to that Customer and you wish to exercise any rights you may have under applicable data protection laws, please contact that customer directly. If you submit a request directly to us, please provide to us the name of the customer who submitted your data to us so that we are able to refer your request to that customer.
Links and Third Party Publications.
This website may contain links to websites controlled by parties other than OnSolve. OnSolve is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. OnSolve is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OnSolve of the linked website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature. OnSolve has not co-authored, ratified, endorsed or adopted the information contained in any publications referenced on this website or any statistics published by third parties by publishing them on this website.
Software Use Restrictions
Any software that may be made available to download from this website or through the Services (“Software”) is the copyrighted work of OnSolve and/or Third-Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (“License Agreement”). An end user agrees to the License Agreement terms by installing, copying or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT; ALL OTHER WARRANTIES ARE DISCLAIMED AS SET FORTH HEREIN.
Intellectual Property Rights
All materials provided on this website or in our Services, including but not limited to information, documents, products, logos, graphics, sounds, images, software and services (“Materials”), are provided either by OnSolve or by their respective third party manufacturers, authors, developers and vendors (“Third-Party Providers”) and are the copyrighted work of OnSolve and/or its Third-Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means, without the prior express written permission of OnSolve or the Third-Party Provider. Also, you may not “mirror” any Materials without prior express written permission from OnSolve. Except where expressly provided otherwise by OnSolve, nothing on this website shall be construed to confer any license under any of OnSolve or any Third-Party Provider’s intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third-Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by OnSolve. OnSolve does not provide, sell, license or lease any of the Materials other than those specifically identified as being provided by OnSolve. OnSolve hereby grants you permission to display, distribute and download OnSolve Materials on this website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Elements of this website and our Services are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website or our Services may be copied or retransmitted unless expressly permitted by OnSolve. OnSolve®, MIR3®, MIR3 IN®, MIR3 Intelligent Notification®, CodeRED®, CodeRED Weather Warning®, SmartNotice®, TelAlert®, Universal ANI®, Validata®, MyDailyCall®, CityWatch®, Code-ED®, One Call Now®, Send Word Now®, SWN Direct®, Alert Tracer®, WeatherBlast®, Message Builder®, Every Message Counts® and their associated logos and/or other OnSolve Services referenced herein are trademarks of OnSolve and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols may be the trademarks of their respective owners.
Restricted Rights Legend
Any Software that is downloaded from this website or through the Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.
Except where expressly provided otherwise by OnSolve, all comments, feedback, information or materials submitted to OnSolve through or in association with this website and our Services (“Submissions”) shall be considered non-confidential and OnSolve property. By providing such Submissions to OnSolve, you agree to assign to OnSolve, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. OnSolve shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not OnSolve, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED BY ONSOLVE: YOU UNDERSTAND AND AGREE THAT ONSOLVE, ALONG WITH ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, PARENTS, 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 OR LOSS, INFRINGEMENT, INVASION OF PRIVACY, PROPERTY DAMAGE, AND INTERRUPTION TO BUSINESS WHICH MAY RESULT FROM THE USE OR ANY ERRORS OR OMISSIONS OF THE SERVICES, OR FROM THE FAILURE TO UPDATE OR PROVIDE ANY INFORMATION THROUGH THE SERVICES. YOU 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, IN LAW OR EQUITY, BY YOU OR BY ANY OTHER PERSON OR PERSONS CLAIMING THROUGH YOU, FOR ANY LOSS, INFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY YOUR USE OF THIS WEBSITE OR BY THE DISCLOSURE OF YOUR INFORMATION. YOU FURTHER 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 THE TERMS BY YOU OR (B) ANY THIRD-PARTY CLAIM AGAINST A RELEASEE RELATING TO YOUR USE OF THIS WEBSITE OR THE SERVICES. ONSOLVE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR DOWNLOADING THE MATERIALS. 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, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, 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 ALL FAULTS” BASIS. ONSOLVE AND ONSOLVE’S CUSTOMERS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY BEYOND A REFUND OF SUBSCRIBER FEES (IF ANY). YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND SERVICES AND YOU WILL NOT MAKE A CLAIM AGAINST ONSOLVE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED BY ONSOLVE: TO THE EXTENT ALLOWABLE BY LAW, ONSOLVE 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, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, TITLE AND NON-INFRINGEMENT. ONSOLVE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE.
Local Laws: Export Control
OnSolve controls and operates this website and its Services from its headquarters in various locations in the United States of America and makes no representation that the Materials are appropriate or available for use in other locations. If you use this website or the Services from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria and the Sudan. This list is subject to change without further notice from OnSolve, and you must comply with the list, as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Only authorized Initiators are permitted of issuing notifications through the Services, pursuant to OnSolve’s end-user licensing agreement. Initiator access to the Services is password protected, and Initiators are responsible for maintaining the security of their password at all times. All Initiators agree to contact OnSolve immediately upon receipt of any information or knowledge that an Initiator’s account or password has been compromised. OnSolve will assume that all use of the Services under an Initiator’s account is done with the Initiator’s consent and knowledge and each Initiator shall be responsible for any unauthorized access using its password caused through no fault of OnSolve. All Initiators agree to provide true, accurate and complete information for any Recipient (as hereinafter defined) information which is entered into the Services, and to maintain the accuracy of such information, and that the provision of such information does not invade on the privacy of any Recipient. All Initiators acknowledge and agree that, by entering any contact information into any of the Services, the Recipient who owns such contact information has expressly authorized the Initiator to enter such information into the Services to receive pre-recorded messages from OnSolve and the customer with which such Initiator is associated via an automated dialer. Initiators further agree that the Services are to be used solely as a notification tool and not as a life-saving or property-saving device. Initiators are not agents of OnSolve nor authorized to bind OnSolve to any obligations. All Initiators agree that they shall not indicate that OnSolve has endorsed the content of any notification sent through any of the Services.
As a CodeRED Weather Warning®, Weather Warning or FirstCall® Weather (collectively, the “Weather Services”) Recipient, you agree that you shall not directly or indirectly transmit, broadcast, redistribute, forward or deliver the Weather Services or any part of the data, information, images or other products which constitute the Weather Services to any other person or entity, in any format, or by any means. Official Watches, Warnings, Advisories and Bulletins communicated to Recipients are authored by the National Weather Service (“NWS”) or related government agencies. The authoring agency is solely responsible for the content and accuracy of the information contained in the Weather Services. IN NO WAY WILL ONSOLVE OR ANY OF ONSOLVE’S CUSTOMERS BE HELD LIABLE FOR INCOMPLETE OR INACCURATE INFORMATION CONTAINED IN ANY OF THE RETRANSMITTED INFORMATION. THE WEATHER SERVICES AND THEIR AFFILIATED SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY – USE IS AT YOUR OWN RISK! RECIPIENTS AND THIRD PARTIES ARE SOLEY RESPONSIBLE FOR ACTIONS OR OMMISSIONS RESULTING IN THE LOSS OF LIFE OR PROPERTY.
CityWatch® and TelAlert® notifications are sent by hardware maintained by a customer or other third party. OnSolve and OnSolve’s customers shall have no liability for the failure of a Recipient to receive notifications from a CityWatch® or TelAlert® customer by reason of a hardware failure, including but not limited to third party failures or acts of God that affect customer hardware.
MyDailyCall® Recipients must have a touchtone telephone with touchtone service and no call blocking services. At time of the automated call, the Recipient must be able to press the specified digits to acknowledge receipt of the MyDailyCall®. In the event the Recipient does not press the specified digits, Recipient’s alternate phone number (if any) will be dialed. In the event there is no alternate phone number, or the specified digits are not pressed on the alternate phone number, the customer will be notified. An Initiator associated with such customer will then determine whether to call Recipient’s emergency contact or request immediate emergency services for the Recipient. Recipient must notify the customer twenty four (24) hours in advance if they will not be available to receive the scheduled calls. RECIPIENT FULLY UNDERSTANDS AND ACKNOWLEDGES THAT EMPLOYEES AND AGENTS OF THE CUSTOMER MAY BE REQUIRED TO MAKE FORCIBLE ENTRY, OR REQUEST THE AUTHORITIES TO MAKE FORCIBLE ENTRY, TO RECIPIENT’S RESIDENCE IF RECIPIENT FAILS TO RESPOND TO A MYDAILYCALL®. RECIPIENT AGREES TO HOLD HARMLESS THE CUSTOMER, ANY AUTHORITIES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS AND INITIATORS SHOULD FORCIBLE ENTRY BE REQUIRED IF OTHER REASONABLE MEASURES TO DETERMINE RECIPIENT’S STATUS HAVE BEEN EXHAUSTED OR ARE UNAVAILABLE. MyDailyCall® Recipients acknowledge that OnSolve may transfer their Recipient information to the customer to which they subscribed in order to conduct safety checks on the Recipient, and that the MyDailyCall® service is intended to be used as part of a comprehensive strategy, which includes periodic live visits to Recipients as well as the use of common sense.
Social media engagement makes OnSolve a better company by allowing us to engage in conversation with customers, Initiators, Recipients and other members of the community, as well as offer them valuable information and resources. OnSolve reserves the right to moderate comments in accordance with OnSolve policies. All social media comments and messages exchanged with OnSolve are public record. OnSolve operates 24 hours a day, 7 days a week and 365 days a year. Our designated response times for comments on any social media site are between Monday through Friday, 9 a.m. and 5 p.m. United States Eastern Time Zone, excluding holidays. OnSolve is not responsible for any content posted by visitors, including posts made by employees or individuals who are not authorized administrators of our sites. Content posted by visitors does not necessarily represent the views or positions of OnSolve. OnSolve expects all conversation on our social media sites to follow the rules of polite discourse. We ask all commenters to respect the thoughts, ideas and beliefs of each other and our team members. It is important that all participants treat each other with respect. Comments will be monitored and may be subject to removal for any reason in OnSolve’s sole discretion. OnSolve may also remove comments if they meet any of the following qualities: advocating illegal activities; threats of physical harm; language that is obscene or abusive; discriminatory language on the basis of race, gender, ethnicity, nationality, sexual orientation, disability, age, religion, gender identity or expression; or promoting products or services. Comments that are clearly spam or stray from the designated topic may also be subject to removal. OnSolve may also remove comments that contain Services requests, so that these may be responded to on a one-on-one basis in lieu of a public response. OnSolve respects the intellectual property of others, and we ask visitors of our social media sites to do the same. For any content you post on OnSolve social media sites, you authorize that it is your own original work or that you have all the rights to any third party content contained in such post. Visitors to our social media sites grant non-exclusive, irrevocable, royalty-free license to the rest of the world for their submissions to OnSolve, whether on a social media site or otherwise, and any such submissions may be used, re-used, re-printed, or transmitted in any format and on any media, by OnSolve. If you believe your work has been copied in a way that constitutes IP infringement, please contact us.