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Consumer TOS
Agency TOS

PLEASE READ THESE TERMS OF SERVICE AND PRIVACY POLICY BEFORE YOU MAY ACCESS OR USE OF ANY FUNCTIONALITY PROVIDED BY THIS WEB SITE, YOU MUST INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHICH GOVERN YOUR USE OF THE SERVICE AND WEB SITE. THESE TERMS OF SERVICE GOVERN YOUR ACCESS TO AND USE OF THE SERVICE AND ANY INFORMATION, TEXT, PICTURES, GRAPHICS, AND ANY OTHER MATERIALS UPLOADED, DOWNLOADED, OR APPEARING ON THE SERVICE. BY ACTUALLY USING THE SERVICES OR WEB SITE, YOU UNDERSTAND AND AGREE THAT SUCH USE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE FROM THAT POINT ONWARDS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

Description of Service
The Nixle services (the “Services”) are offered through this web site (the “Web Site”) by Nixle, (“we” or “us”). The Services include any offerings on this Web Site or any web site affiliated with Nixle. The Services are intended to facilitate your ability to send and receive time-sensitive, geographically relevant messages (“Communications”) via one or more media.

Registration; Password and Access to the Service
The Services are available only to individuals over the age of 16. If you are not over the age of 16, you are not authorized to use the Services. When you register, you agree to provide us with accurate, complete information. It is your responsibility to inform us of any changes to such information. You will create a user id and password to access the Services. You are responsible for all use of the Services by anyone accessing the Services through your user id and password, and you will defend, indemnify and hold us harmless from and against any and all claims, liabilities or expenses arising out of any such use of the Services. If you become aware of any unauthorized use of your account, you should notify us immediately. All information you provide to us as part of your registration is covered by our Privacy Policy. If we determine that any Individual User is under 16 we will deactivate that Individual User’s account and use commercially reasonable efforts to delete any information that we have stored about such Individual User.

Messaging

Messaging Charges.
Message and data rates may apply.

Email Filters.
We recommend that you add the “Nixle.com” domain to the list of domains approved to send you e-mail (commonly known as your “whitelist”). Please consult your email provider for instructions on how to do this.

Government, Location-Specific Communications.
Should you provide us with a mobile phone number for use in providing you with Communications, you authorize us to send you time-sensitive, public safety Communications and other government communications via SMS, email, or other similar protocol or technology based on your specific location at the time. If we receive a public health or safety alert that affects a specific location, we will attempt to send that communication to all Nixle-registered mobile phones in the area covered by that alert, as well as those Individual Users who have specifically registered to receive such Communications. You authorize us to do this. With the exception of messaging created by Nixle to raise donations for charitable non-profit organizations, Nixle agrees NOT to send any User any commercial messaging unless User DIRECTLY opts-in for such information either online at www.nixle.com, or directly by SMS.

Modification and Notification of Changes
Nixle reserves the right to make changes to the Web Site, related policies and agreements, Terms of Service, and the Privacy Policy at any time. If we make a modification that we determine is material to these Terms of Service or thePrivacy Policy, we will notify you by either:  (i) sending an e-mail to the address associated with your account; or (ii) displaying a prominent announcement above the text of this Terms of Service or the Privacy Policy, as appropriate, with (i) or (ii) being deemed sufficient notification of such changes.  We are not responsible for your failure to receive an email due to the actions of your ISP or any e-mail filtering service; therefore, you should add nixle.com to the list of domains approved to send you e-mail (commonly known as your “whitelist”).

After notice of a modification to the Terms of Service or the Privacy Policy has been changed your continued use of the Services constitutes your consent to the changed Terms of Service orPrivacy Policy.

Intellectual Property Rights

All text, software (including source and object codes), visual, oral or other digital material, photographs, information, data, graphics and all other content of any description included in the Services, including any Communications, (collectively, the “Content”), and all copyrights, trade marks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Services and the Content (collectively, the “Intellectual Property”) are owned by us or by our licensors, and are protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States of America (“U.S.”). The Services and the Content are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. No Content or Intellectual Property may be copied, modified, published, broadcast, or otherwise distributed without our prior written permission.

You may only use the Content, the Services, or the Intellectual Property as expressly permitted by these Terms of Service and for no other purposes. Any reproduction permitted under this Terms of Service must contain the following notice: “Copyright 2010 Nixle. All rights reserved.”

Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring upon you any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, laws or treaties.

Furthermore, you may not use any of our trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to, or are associated with, you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. All present and future rights in, and title to, the Services (including database rights and the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to us for our exclusive use.

Prohibited Use
You may only use the Content, the Services, or the Intellectual Property as expressly permitted by these Terms of Service and for no other purposes. Any reproduction permitted under this Terms of Service must contain the following notice: “Copyright 2010 Nixle. All rights reserved.”

Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring upon you any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, laws or treaties.

Furthermore, you may not use any of our trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to, or are associated with, you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. All present and future rights in, and title to, the Services (including database rights and the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to us for our exclusive use.

You agree that you will not do any of the following when using the Services and Content:
(i) copy, translate, modify, or make derivative works of the Content or any part thereof;
(ii) send or otherwise post unauthorized commercial communications (such as spam);
(ii) collect or harvest any information regarding other users, including email addresses;
(iv) upload viruses or other malicious code;
(v) transmit any materials that are unlawful, immoral, libelous, abusive, harassing, hateful, tortuous, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene, pornographic, racially or ethnically offensive, encourages conduct that would be considered a criminal offense, or are otherwise objectionable or which are harmful to minors in any way;
(vi) interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Nixle Services;
(vii) collect users’ content or information, or otherwise access the Services or Content, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(viii) submit any information that contains any falsehoods or misrepresentations that could damage Nixle or any third party or that impersonates any person or entity; or
(ix) facilitate or encourage any violations of these Terms of Service.

Grant of License
You grant us a nonexclusive, royalty-free, world-wide and perpetual right and license to disclose your information subject to the terms of the Privacy Policy, as we may update it from time to time.

As a user of this Web Site (an “Individual User”), you are granted a personal, nonexclusive, nontransferable, non-assignable, revocable, limited license to access and use the Web Site, Services and Content for Authorized Use only and not for commercial purposes. “Authorized Use” means your use for non-profit or informational purposes, but DOES NOT include (a) using the Services, Content, or parts of the Content, for for-profit gain for any party, individual or entity, or (b) the posting, publication, transmission, or dissemination of the Content, or parts of the Content, in digital or electronic form by means of the World Wide Web, electronic mail, any online services, or any other medium now existing or hereafter developed. Otherwise, you may not duplicate, transmit, redistribute or publish the Content, or parts of the Content. You may not use any network monitoring or discovery software to extract information about usage or Authorized Users of the Services. You may not use any robot, spider, other automatic device or manual process to monitor or copy the Content. Any violation of the foregoing provisions constitutes unauthorized use and may result in immediate suspension or termination of the Services, as well as civil or criminal liability.

Notifying Nixle of Copyright Infringement. To provide Nixle notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of DMCA@Nixle.com that sets forth the information specified by the DMCA. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Nixle with Counter-Notification. If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Nixle with a counter notification by written communication to the attention of "DMCA Counter-Notification Dept." at DMCA@Nixle.com that sets forth all of the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Links

Links to all third-party web sites are provided solely as a convenience to you and not as an endorsement by us or by the operator of the web site of the third party or of the content contained on the third-party web site. We do not monitor third-party web sites. We do not assume any responsibility for the content of linked third-party web sites or make any representation regarding the accuracy of materials on such third-party web sites. If you choose to access a linked third-party web site, you do so at your own risk.

Security

You agree to comply with any rules of operation and security procedures for the Services established by us from time to time. You agree that you will not attempt to gain or allow access to any data, files or programs to which you are not entitled under these Terms of Service, and that if such access is obtained you will immediately inform us and return such materials to us. You agree to notify us immediately upon any suspension or termination of an Authorized User ability to use the Services.

Termination

Either party may terminate these Terms of Service for convenience on thirty (30) days written notice to the other party. Once you provide written notice of your intent to terminate, (a) You should refrain from accessing or otherwise using the Web Site and Services; and (b) we may deny you access to the Web Site and Services after such notice period expires. In addition to our right to terminate for convenience, we may terminate your access to the Web Site and Services immediately in the event of your breach of these Terms of Service.

Disclaimers

THE SERVICES (INCLUDING ALL FEATURES THEREOF) AND THE CONTENT ARE PROVIDED ON AN "AS IS " BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR SERVICE PROVIDERS AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY OR INTEGRATION.

NEITHER WE NOR OUR SERVICE PROVIDERS NOR OUR LICENSORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE (1) REGARDING THE RELIABILITY, USEFULNESS, ADEQUACY, SUITABILITY, COMPLETENESS, TIMELINESS, OR VALIDITY OF THE SERVICES OR THE CONTENT, NOR (2) THAT THE WEB SITE OR THE SITE THAT HOSTS THE WEB SITE ARE FREE FROM ANY COMPUTER VIRUSES, "WORMS" OR "TROJAN HORSES," ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE SERVICES OR THE CONTENT BY ANY PERSON, GROUP OR ORGANIZATION. NEITHER WE, NOR OUR SERVICE PROVIDERS NOR OUR LICENSORS ARE RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION, COMMUNICATION, OR MATERIAL DEVELOPED, POSTED, OR UPLOADED BY A THIRD PARTY. NEITHER WE, NOR OUR SERVICE PROVIDERS NOR OUR LICENSORS EDIT OR CONTROL SUCH INFORMATION, COMMUNICATION OR MATERIAL, OR HAVE ANY RESPONSIBILITY TO YOU OR ANY OTHER PARTY FOR THE CONTENT OF ANY INFORMATION, COMMUNICATION, OR MATERIAL ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS.

DO NOT RELY ON ANY NIXLE SERVICES FOR ANY EMERGENCY COMMUNICATION TO LAW ENFORCEMENT OR FIRST RESPONDERS. IN THE EVENT OF AN EMERGENCY, PLEASE DIAL 911. YOU ARE SOLEY RESPONSBLE FOR PROCURING EMERGENCY SERVICES AND NIXLE IS NOT RESPONSIBLE FOR, AND YOU EXPRESSLY, IRREVOCABLY, AND UNCONDITIONALLY RELEASE NIXLE FROM, ANY CLAIMS RELATED TO YOUR FAILURE TO INDEPENDENTLY OBTAIN OR USE SUCH SERVICES.

No Endorsement

We provide the Services as a convenience to the public. The Services are solely for the purposes of allowing Authorized Users to send Communications to Recipients. The inclusion of any entity, including without limitation Organizations, or person, including without limitation an Authorized User, in the Services or the Content does not constitute a representation, warranty, or endorsement with respect to the competence, suitability, or reliability of such organization or person by us. All Content is the sole responsibility of the person who originated such Content. We will do our best to monitor and control the Content posted via the Service. However, we cannot take responsibility for any Content. Any use or reliance upon any citizen generated content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any citizen content or communications posted via the Services, or endorse any opinions expressed via the Services.

Indemnity

You agree that you will indemnify, defend and hold us harmless from any and all claims or suits (including, without limitation, reasonable legal fees and expenses) that arise out of your breach of these Terms of Service, your use of the Services, or your violation of any law or the rights of a third party.

Limitation of Liability

You acknowledge that Nixle has no control over the effects the Content or any Communication may have on you; how you may interpret or use the Content or any Communication; or what actions you may take as a result of having been exposed to the Content or any Communication. You understand that by using the Services, you may be exposed to Content that might be inappropriate. Under no circumstances will Nixle be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, sent by text message, emailed, or broadcasted.

NEITHER WE, NOR OUR SERVICE PROVIDERS NOR OUR LICENSORS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES OR CONTENT. WE, OUR SERVICE PROVIDERS AND OUR LICENSORS DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, (A) ANY THIRD PARTY WEB SITES, SERVICES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE SERVICES); (B) THE TERMINATION OF YOUR ACCESS TO THE SERVICES; (C) ANY ERRORS IN, OR OMISSIONS FROM, THE CONTENT OR ANY COMMUNICATIONS (INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS); (D) THE COMPLETE OR PARTIAL UNAVAILABILITY OF THE SERVICES OR THE CONTENT; (E) YOUR USE OF, OR INABILITY TO USE, THE SERVICES; (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES; (G) ANY COMPUTER VIRUSES, "WORMS" OR "TROJAN HORSES," ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE SERVICES OR THE CONTENT BY ANY PERSON, GROUP OR ORGANIZATION; (H) ANY ACTIONS TAKEN OR OMISSIONS MADE BY YOU OR ANY THIRD PARTY AS A DIRECT OR INDIRECT RESULT OF THE SERVICE OR (I) ANY DELAY IN TRANSMISSION OR FAILURE TO TRANSMIT ANY COMMUNICATION, OR ANY DELAY IN YOUR RECEIPT OR YOUR FAILURE TO RECEIVE ANY COMMUNICATION.

The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortuous or unlawful conduct.

Release

You hereby irrevocably and unconditionally release Nixle (and its officers, employees, agents, successors and assigns) from any and all claims for damages (actual or consequential), costs or expenses of any kind or nature whatsoever that you may have against Nixle (and its officers, employees, agents, successors and assigns) arising out of or in any way related to the Services, the Content, any law enforcement agencies or public safety officials, or your failure to independently obtain emergency services.  You hereby agree to waive all laws that may limit the efficacy of such releases.


Restrictions on Linking and Framing Activities

We are concerned about the integrity of the Web Site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Therefore, we prohibit caching, unauthorized hypertext links to any page of the Web Site other than the home page (generally known as “deep linking”), and framing any Content available through the Web Site. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the content available on any other Internet sites linked to the Web Site. Access to any other Internet sites linked to the Web Site is at the User or Organization’s own risk.

Authorized Third Parties

We reserve the right to allow third parties to provide any necessary services to us and/or to Authorized Users to enable us to provide the Services.

Promotions
The Company (Nixle) may run promotions from time to time. These promotions are only open to authorized Nixle users aged 16 or over. Employees (and their immediate families) of Nixle (the Promoter) are ineligible. Any promotion run by Nixle will entitle any authorized user of Nixle to receive one valid entry if they are eligible. Promotion details and terms will be included in these TOS and available at www.nixle.com.

Electronic Communication
When you use the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Text Messaging
Txt HELP to 888777 for help or contact customer service at support@nixle.com.

To opt-out of the program, reply STOP to 888777.

No charge but Message and Data rates may apply. Check your wireless provider plan for details. You are responsible for these charges to your wireless provider.

Supported carriers for this program include AT&T, Verizon Wireless, Sprint, T-Mobile®, Alltel, U.S. Cellular®, Nextel, Virgin Mobile, and others.

Message Frequency Varies.

Remedies for Violations
We reserve the right to seek any and all remedies available at law, in equity or otherwise for violations of these Terms of Service, including, but not limited to, the right to block access to the Services from a particular Internet address.

Governing Law and Jurisdiction
The Services are provided by a U.S. entity and this Agreement is governed by the laws of the State of California without regard to its conflict of laws provisions.  You hereby consent to the exclusive jurisdiction and venue of courts in California and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Services or Web Site.  You agree that all claims you may have arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the State of California.

General

The definition of the term “Service” in this Agreement includes the Web Site, the Communications functionality and the Content.

These Terms of Service constitute the entire agreement with respect to your access to, and use of, the Services.  If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms of Service shall continue in effect.

The rights and obligations of Nixle under the Terms of Service are assignable in whole or in part without the requirement of prior notification to you or your consent.

The section headings in these Terms of Service are used solely for convenience and have no legal or contractual significance.

Notwithstanding any other provisions of these Terms of Service or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Service.