OnSolve Privacy Policy and Terms of Use

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ONSOLVE, LLC PRIVACY NOTICE

Why do we collect information?

What information do we collect?

Who do we share information with?

Security precautions

How do we use cookies?

California Do-Not-Track

Privacy Shield Statement

Your Rights

Changes to Privacy Policy

OnSolve, LLC Terms of Use

For All Services

Initiator Responsibilities (applicable only to Initiators)

Recipient Responsibilities (applicable only to Recipients)

CodeRED Weather Warning®, Weather Warning and FirstCall® Weather Additional Terms

CityWatch® and TelAlert® Additional Terms

MyDailyCall® Additional Terms

Mobile Applications Terms of Use

Social Media Terms of Use

ONSOLVE, LLC PRIVACY NOTICE

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.

Why do we collect information?

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.

What information do we collect?

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.

Who do we share information with?

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.

Security precautions

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.

How do we use cookies?

Like many other sites on the Internet, our website uses cookies and similar technologies such as web beacons, tags and JavaScript alone or in conjunction with cookies to compile information about the usage of our websites and interaction with emails from us. If you do not want this site to place a cookie on your browser and track your activity, you may leave the site or you may browse the site using privacy mode in your web browser. To learn how to use privacy mode, refer to the links below depending on the browser you use.

California Do-Not-Track

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.

Privacy Shield Statement

OnSolve, LLC and its affiliates which include SWN Communications Inc., and MIR3 Inc. has certified that it complies with the EU-U.S. Privacy Shield Framework including the Supplemental Principles and the Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from European Union (“EU”) and the United Kingdom (UK) and/or Switzerland to OnSolve in the United States (“U.S.”) in reliance on Privacy Shield. OnSolve has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/ (https://www.privacyshield.gov/welcome).

UK, EU and Swiss individuals may submit inquiries or complaints concerning OnSolve’s Privacy Shield compliance by emailing privacysupport@onsolve.com. OnSolve will respond to any such complaints within forty-five (45) days. If our response is insufficient or does not address the concern, OnSolve has registered with JAMS to provide independent third party dispute resolution free of charge. To contact JAMS and/or learn more about the company’s dispute resolution services, including instructions for submitting a complaint, please visit: https://www.jamsadr.com/eu-us-privacy-shield.

Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

OnSolve will cooperate with the United States Federal Trade Commissions and any data protection authorities of the EU Member States (“DPAs”) and the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) in the investigation and resolution of complaints that cannot be resolved between OnSolve and the complainant that are brought to a relevant DPA. OnSolve will also cooperate with the United States Federal Trade Commissions and any data protection authorities of the UK, EU Member States (“DPAs”) and the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) and comply with the advice given by such authorities with regard to human resources data transferred from the UK, EU and Switzerland in the context of the employment relationship.

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.

CHOICE

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.

DATA INTEGRITY

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.

Your Rights

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 privacysupport@onsolve.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.

Changes to Privacy Notice

OnSolve will periodically review and update this Privacy Notice from time to time.

OnSolve welcomes your comments regarding this Privacy Notice or the Services we provide. If you have any questions, please contact OnSolve by telephone, e-mail, or postal mail.

Contact Information

OnSolve, LLC
Vice President Information Security and Privacy: Cheryl Carmel
Cheryl.Carmel@onsolve.com
858-369-7341
3398 Carmel Mountain Road San Diego, California 92121

ONSOLVE, LLC
Attn: General Counsel
780 W. Granada Boulevard, Ormond Beach, Florida 32174 1-866-939-0911

privacysupport@onsolve.com

We reserve the right to change or update this Privacy Policy.

 

OnSolve, LLC Terms of Use

For All Services

ONSOLVE, LLC, (“OnSolve”), welcomes you to its Website. Please review the following Terms of Use (“Terms”) as well as OnSolve’s Privacy Policy (“Privacy Policy”) concerning your use of our website and all OnSolve products and services (collectively, the “Services”). By accessing, using or downloading any materials from the website or our Services, you agree to follow and be bound by these Terms and the Privacy Policy. If you do not agree with these Terms, please do not use this website or our Services. Please note that if you are a customer of OnSolve, these Terms are subject to the terms of any executed end user license agreement between the Customer and OnSolve. When using any of our Services, you will be governed by these Terms, the Privacy Policy, as well as any additional terms or guidelines applicable to the specific Services you use, which shall be posted from time to time below or in such Services. All additional terms or guidelines applicable to the specific Services, along with the Privacy Policy, shall be incorporated into these Terms.

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.

Submissions

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.

Use

You represent and warrant that you will use this website and the Services only to evaluate the technology or in accordance with any end-user license agreements and solely for lawful purposes in accordance with the terms specified herein. You hereby certify you are authorized or otherwise have consent from all of the parties who will receive notifications in the Services. Further, you have determined the phone numbers to be notified exclude emergency numbers and other numbers that may not be called using an automated system under applicable law, and that cell phone numbers will only be called when the owner of the cell phone has granted permission to do so. By way of example, and not as limitation, you agree to: comply with all federal, state and local laws, including but not limited to, the Fair Debt Collection Practices Act, Federal Trade Commission (“FTC”), the Federal Communications Commission (“FCC”), the Telephone Consumer Protection Act, or any other federal or state regulatory authority, and that you will not, or allow any third party to: (i) engage in any illegal, unethical, deceptive or misleading practices in connection with the use of the Services, including but not limited to, creating a false identity or forged email, phone or message header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (ii) use the Services in connection with any junk email, junk phone messages, spamming or any unsolicited messages (commercial or otherwise); (iii) violate any privacy laws, our Privacy Policy, your privacy policy or the privacy policies of any other third party; (iv) do anything that would justify a complaint to the FTC or FCC; (v) provide, or knowingly allow any third parties to provide, content or other material to be transmitted in connection with or through the Services which: (a) is defamatory, libelous, obscene, or pornographic; (b) transmit any material that contains viruses, worms, cancel bots or any other harmful code or computer programs; or (c) that otherwise violates any law, statute, ordinance or regulation, (including without limitation the laws and regulations governing export control). The Services may not be used for telemarketing or solicitation or any kind. You will defend, indemnify and hold harmless OnSolve and the Releasees from and against any and all claims arising out of or incurred as a result of any acts, omissions, and/or breaches of you or any third party you allow to use the Services. In the event OnSolve provides you with a demo of the Services, OnSolve shall have the right at any time and for any reason, with or without cause, to terminate your access to the demo.

Limitations

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.

Disclaimer:

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.

General

You agree that any dispute arising under these Terms or the Privacy Policy shall be submitted to binding arbitration according to the rules and regulations of, and administered by, the American Arbitration Association, and that any award granted pursuant to such arbitration may be rendered to final judgment. If any dispute arises hereunder, the prevailing party shall be entitled to all costs and attorney’s fees from the losing party for enforcement of any right included in these Terms or Privacy Policy, whether in Arbitration, a Court of first jurisdiction and all Courts of Appeal. These Terms and the Privacy Policy shall be governed under the laws of Florida, without regards to conflict of law principles, and the venue for any disputes hereunder shall be in Ormond Beach, Volusia County, Florida, or the federal courts encompassing such venue. In the event any provision of these Terms or the Privacy Policy is determined by an arbitrator or court of competent jurisdiction to be void, the remaining provisions shall remain binding on the parties hereto with the same effect as though the void provision(s) had been limited or deleted, as applicable.

Certain obligations set forth herein represent independent covenants by which you may be bound and shall remain bound regardless of any breach of these Terms and the Privacy Policy and shall survive termination of these Terms or your use of the Services.

OnSolve may assign these Terms in its sole discretion. You are not permitted to assign these Terms without the prior, written consent of OnSolve. The failure by OnSolve to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section headings in these Terms are provided solely for the convenience of the reader and do not modify these.

You understand and agree that OnSolve may send you communications, announcements, newsletters, service announcements and other administrative messages. These messages are separate from any messages sent by OnSolve’s customers.

All notices or requests, demands and other communications hereunder shall be in writing, and shall be deemed delivered to the appropriate party upon: (a) personal delivery, if delivered by hand during ordinary business hours; (b) the day of delivery if sent by U.S. Mail, postage pre-paid; (c) the day of signed receipt if sent by certified mail, postage pre-paid, or other nationally recognized carrier, return receipt or signature provided and addressed to the OnSolve as follows:

ONSOLVE, LLC, 780 W. Granada Boulevard, Ormond Beach, FL 32174

OnSolve reserves the right to modify any portion of these Terms or the Privacy Policy at any time by posting the revised Terms here. Your continued use of any of the Services following any such posting constitutes your acceptance of the revised Terms and Privacy Policy. Any rights not expressly granted herein are reserved by OnSolve.

Initiator Responsibilities (applicable only to Initiators)

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.

Recipient Responsibilities (applicable only to Recipients)

A Recipient is any individual person capable of receiving notifications. Recipients include any telephone number, text address, email address, or address which has been registered into any of the Services. All Recipients who receive text notifications are subject to terms required by OnSolve’s texting provider, available here; such terms provide more information on texting options.

Recipients understand and agree that they shall be connected to one or more of OnSolve’s customers. If a Recipient is added to the Service via opt-in or commercially available data sources, and is registered for geo-location notifications, the Recipient will be associated with any OnSolve customer that has access to the Recipient’s geo-located area. Each Recipient further understands and agrees that Initiators and OnSolve have the ability to modify and/or remove Recipient information from the Services. Such removal is at the sole discretion of the Initiator and OnSolve. Recipients acknowledge and agree that, by registering with any of the Services, they consent to be contacted, using an automated dialer and a pre-recorded message, by OnSolve and OnSolve’s customers.

Recipients may request to stop receiving messages through the Services by removing their number through the registration page used to sign up for the Service, by contacting the phone number listed in such message, by contacting their local customer, by opting out on this website or by contacting OnSolve at 866-939-0911. Each Recipient understands and agrees that removing the Recipient through the registration page may not remove the Recipient from all of OnSolve’s databases if such Recipient’s information is available through a commercially available database, or later re-entered into the Service through a customer database.

In certain instances, Recipients may be able to receive messages through the Services in languages which the Recipient selects. Messages will only be translated if designated for translation by OnSolve’s customer. Each Recipient understands and agrees that all messages will be input in English and translated by a third-party, and that the translations are provided “AS-IS” and “WITH ALL FAULTS.” Translation may be discontinued at any time.

Each Recipient understands and agrees that the Services are subscription based-services which are only available if purchased by a customer or through one of OnSolve’s apps. Accordingly, your access to notifications sent through the Services may be terminated at any time, for any reason.

EACH RECIPIENT ACKNOWLEDGES THAT ONSOLVE’S CUSTOMERS ARE PROVIDING THE SERVICES AS A PUBLIC AND/OR EMPLOYMENT RELATED SERVICE AND FOR NO COMPENSATION FROM RECIPIENT. RECIPIENT ACKNOWLEDGES THAT THE CUSTOMER MAY, IN ITS SOLE DISCRETION, TERMINATE THE SERVICES AT ANY TIME. RECIPIENT ALSO ACKNOWLEDGES THAT TECHNICAL PROBLEMS OR HUMAN ERROR MAY RESULT IN A FAILURE OF THE SERVICES AT ANY TIME. IN CONSIDERATION OF THESE FACTORS, RECIPIENT HEREBY WAIVES, RELEASES, AND HOLDS HARMLESS THE CUSTOMER, ONSOLVE, AND THEIR RESPECTIVE PARENTS AND SUBSIDIARIES, FROM ANY CLAIM ARISING FROM A FAILURE, FOR ANY REASON, TO PROVIDE THE SERVICES AND RECIPIENT FURTHER AGREES TO WAIVE, RELEASE, AND HOLD HARMLESS AGAINST ANY CLAIM FOR DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY ACT OR OMISSION OF ONSOVLE, ONSOLVE’S CUSTOMERS, OR THEIR RESPECTIVE PARENTS AND SUBSIDIARIES, EMPLOYEES, SERVICE PROVIDERS, VOLUNTEERS OR INITIATORS, IN CONNECTION WITH THE CUSTOMER’S PARTICIPATION IN THE SERVICES.

Each Recipient understands and agrees that OnSolve does not have control over telephone service, cellular service and internet service providers which may be necessary for sending messages through the Services, and accordingly, not all calls, texts and other notifications may come through when an Initiator sends a message through the Services, and that such failure shall not be deemed to be the responsibility of OnSolve, any OnSolve customer or the Initiator sending such message. Each Recipient further understands and agrees that the receipt of messages through the Service may cause the Recipient to incur phone, text, and data charges, and that OnSolve is in no way responsible for such charges.

In general, telephone, text, email or mobile communications are subject to numerous variables, and as such the dissemination of high volumes of high-speed automated notifications typically cannot reach 100% of all desired recipients. By agreeing to these Terms the Recipient acknowledges that transmission of information via telephone, text, email or mobile app is reliant upon conditions beyond OnSolve and OnSolve’s customers; OnSolve and OnSolve’s customers do not warrant that the issuance of a notification will result in a successful connection or in a delivered warning message to the Recipient. Recipients further agree that the Services are to be used solely as a notification tool and not as a life-saving or property-saving device.

For Recipients, these Terms, including but not limited to any additional terms for the specific Services and the Privacy Policy, constitutes the entire agreement between you and OnSolve with respect to the Services and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms or Privacy Policy will be effective only if in writing and signed by OnSolve.

Recipient data that OnSolve collects from you is kept in OnSolve custody unless: 1) OnSolve has notified you on a public registration page that your information shall be transferred an OnSolve customer; 2) you have elected to make your information public when signing up for the Services; 3) you are providing your information on a private registration page directly to an OnSolve customer; or 4) we have been provided with your information from a third party or one of OnSolve’s customers. In the event your information is being transferred to an OnSolve customer or you have elected to make your information public, OnSolve will have no control over the disclosure of your information. In these instances, your information may be subject to public records requests and transferred for any purpose without OnSolve’s knowledge. ONSOLVE SHALL HAVE NO LIABILITY TO YOU AS A RESULT OF A CUSTOMER’S TRANSFER OF YOUR INFORMATION.

Any information which is not transferred to a customer as described above, and which is kept in OnSolve custody, is kept confidential and OnSolve will take reasonable and appropriate steps to protect the information that you share with us from unauthorized access or disclosure. OnSolve does not sell, rent or lease information to third parties unless marked public or transferred to a customer, as described above.

CodeRED Weather Warning®, Weather Warning and FirstCall® Weather Additional Terms

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® Additional Terms

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® Additional Terms

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.

Mobile Applications Terms of Use

All of OnSolve’s Mobile Applications (each an “App” and collectively, the “Apps”) may only be used by individuals aged 13 years or older. In the event you are older than 13, but are not legally considered an adult, you are requested to have your parent or legal guardian review these Mobile Applications Terms of Use with you to make sure you understand your agreements under the Terms.

All Apps and all graphics, services, logos, sounds, images, software, and intellectual property therein (the “App Materials”) are owned and provided by OnSolve or its affiliates, authors, developers and vendors, and may not be copied, reproduced, distributed, republished, transmitted, downloaded, photocopied, recorded or otherwise transferred or duplicated without the express permission of OnSolve. Using any App does not give you the right to use any of the App Materials, trade names, trademarks, service marks, logos or other brand features except in association with your personal use of the App in accordance with the Terms.

All Apps are designed for informational, non-commercial purposes only; the Apps are not life-saving devices, and cannot be relied upon in the event of an emergency. You further understand and agree that the alerts sent through the Apps are sent by third parties who are in no way related to OnSolve, that OnSolve does not verify the accuracy of the information contained in the alerts, and that OnSolve is in no way responsible for the content of such alerts.

Social Media Terms of Use

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 polices. 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.