ACCEPTANCE OF TERMS
Welcome to
ERRI/EmergencyNet News. ERRI/EmergencyNet News provides its service to you,
subject to the following Terms of
Use (hereafter referred to
as "TOU"), which may be updated by us from time to time without notice
to you. You can
review the most current
version of the TOU at any time. In addition, when using particular
ERRI/EmergencyNet News
services, you shall be subject to any posted guidelines applicable to such
services. All
such guidelines are hereby
incorporated by reference into the TOU. These terms of use
DESCRIPTION
OF SERVICE
ERRI/EmergencyNet
News currently provides users with access to a rich collection of on-line
resources, including,
various communications
tools, online forums, shopping services, personalized content and
branded programming. Unless
explicitly stated otherwise, any new features that augment or
enhance the current Service,
including the release of new ERRI/EmergencyNet News properties, shall be subject
to the TOU. You understand
and agree that the Service is provided "AS-IS" and that
ERRI/EmergencyNet News
assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any news,
reference information, user communications (e-mail) or personalization settings.
In order to use
the Service, you must obtain access to the directly or through the World Wide
Web, either directly or through devices that
access web-based content,
and pay any service fees associated with such access. In addition, you must
provide all
equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other
access device.
YOUR REGISTRATION
OBLIGATIONS
In consideration of
use of the Service, you agree to: (a) provide true, accurate, current and
complete information
about yourself as prompted
by the Service's registration form and (b) maintain and promptly update the
Registration
Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not
current or incomplete, or
ERRI/EmergencyNet News has reasonable grounds to suspect that such information
is untrue, inaccurate,
not current or incomplete,
ERRI/EmergencyNet News has the right to suspend or terminate your account and
refuse any and all
current or future use of the
Service (or any portion thereof). You understand that your ONLY remedy to the
involuntary termination of your account by ERRI/EmergencyNet News is a refund of
any subscription fees that you may have previously paid.
ERRI/EMERGENCYNET
NEWS PRIVACY POLICY
Pursuant to
ERRI/EmergencyNet News's privacy policy, we may disclose to third parties
certain aggregate information contained in your
Registration Data or related data, provided that, such information will NOT
include personally identifying information, except as specifically authorized by
you or in the good faith belief that such action is reasonably
necessary to comply with the
law, legal process, or to enforce these TOU. For more information, please
see our full
privacy policy.
MEMBER ACCOUNT,
PASSWORD AND SECURITY
You will receive a
password and account designation upon completing the Service's registration
process. You are
responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all
activities that occur under
your password or account. You agree to (a) immediately notify ERRI/EmergencyNet
News of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your
account at the end of each
session. ERRI/EmergencyNet News cannot and will not be liable for any loss or
damage arising from
your failure to comply with
this Section
MEMBER/USER CONDUCT
You understand that
all information, data, text, software, music, sound, photographs, graphics,
video, messages or
other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person
from which such Content originated. This means that you, and not
ERRI/EmergencyNet News, are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the
Service. ERRI/EmergencyNet News does not control the Content
posted or passed through the
Service and, as such, does not guarantee the accuracy, integrity or quality of
such Content.
Under no circumstances will ERRI/EmergencyNet News be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You
agree to not use the Service to:
*
upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing,
tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or
otherwise objectionable;
*
harm minors in any way;
*
impersonate any person or entity, including, but not limited to, a
ERRI/EmergencyNet News official, reporter, analyst, other employee, or
falsely state or otherwise
misrepresent your affiliation with a person or entity;
or forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through
this Service;
* upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* upload, post, email
or otherwise transmit any Content that infringes any patent, trademark, trade
secret, copyright or other
proprietary rights of any party;
*
upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk
mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except as permission by ERRI/EmergencyNet News may be granted for
such purpose;
*
upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code,
files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or
telecommunications equipment;
*
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type,
or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
*
interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
*
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not
limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or
other securities exchange,
including, without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and
any regulations having the force of law;
*
"stalk" or otherwise harass another; or
collect or store illegal or unauthorized personal data about other users.
SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and
acceptable Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of
technical data exported from
the United States or the country in which you reside.
CONTENT SUBMITTED
TO ERRI/EMERGENCYNET NEWS
ERRI/EmergencyNet News does not own Content you submit, unless we specifically tell you otherwise and contract with you for further usage of your contribution(s). You license the Content to ERRI/EmergencyNet News as set forth below for the purpose of displaying and distributing such Content on our network of properties and for the promotion and marketing of our services. By submitting Content to any ERRI/EmergencyNet News property, you automatically grant, or warrant that the owner of such Content has expressly granted, ERRI/EmergencyNet News the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You acknowledge that
ERRI/EmergencyNet News may not pre-screen user submitted Content, but that
ERRI/EmergencyNet News and its
designees shall have the
right (but not the obligation) in their sole discretion to refuse, edit, move or
remove any
Content that is publicly
available via the Service. Without limiting the foregoing, ERRI/EmergencyNet
News and its designees shall
have the right to remove any Content that violates the TOU or is
otherwise objectionable. You agree that you must
evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any
Content
created by ERRI/EmergencyNet
News or submitted to ERRI/EmergencyNet News, including without limitation
information in ERRI/EmergencyNet News Message
Boards, and/or in all other
parts of the Service.
INDEMNITY
You agree to indemnify and hold ERRI/EmergencyNet News, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another person or entity.
NO RESALE OF
SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, without the expressed written permission of ERRI/EmergencyNet News.
GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that
ERRI/EmergencyNet News may establish general practices and limits concerning use
of the Service,
including without limitation
the maximum number of days that email messages, message board postings or other
uploaded Content will be
retained by the Service, the maximum number of email messages that may be sent
from
or received by an account on
the Service, the maximum size of any email message that may be sent from or received
by an account on the Service, the maximum disk space that will be allotted on
ERRI/EmergencyNet News''s servers on your
behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a
given period of time. You
agree that ERRI/EmergencyNet News has no responsibility or liability for the
deletion or failure to store
any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge
that ERRI/EmergencyNet News reserves the right to log off and or permanently
remove any/all accounts that are inactive for an extended period of time, or for
which necessary subscription fees have not been paid.
You further
acknowledge that ERRI/EmergencyNet News reserves the right to change these
general practices and limits at any time, in
its sole discretion, with or without notice.
MODIFICATIONS TO
SERVICE
ERRI/EmergencyNet
News reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that
ERRI/EmergencyNet News shall not be liable to you or to any
third party for any
modification, suspension or discontinuance of the Service. In the event of a
termination of service, you understand that your ONLY remedy will be limited to
a refund of fees originally paid for such service.
TERMINATION
You agree that
ERRI/EmergencyNet News, in its sole discretion, may terminate your password,
account (or any part thereof) or use of
the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation,
for lack of use or if
ERRI/EmergencyNet News believes that you have violated or acted inconsistently
with the letter or spirit of the
TOU. ERRI/EmergencyNet News
may also in its sole discretion and at any time discontinue providing the
Service, or any part
thereof, with or without
notice. You agree that any termination of your access to the Service under any
provision of
DEALINGS WITH
ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ERRI/EmergencyNet News shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKS
The Service may
provide, or third parties may provide, links to other World Wide Web sites or
resources. Because ERRI/EmergencyNet News has no control over such sites and
resources, you acknowledge and agree that ERRI/EmergencyNet News is not
responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or
liable for any Content,
advertising, products, or other materials on or available from such sites or
resources. You
further acknowledge and
agree that ERRI/EmergencyNet News shall not be responsible or liable, directly
or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content,
goods or services available
on or through any such site, resource, person or other entity.
ERRI/EMERGENCYNET
NEWS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software, including HTML code, used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ERRI/EmergencyNet News or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
ERRI/EmergencyNet
News grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its
Software on a single
computer; provided that you do not (and do not allow any third party to) copy,
modify, create a
derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code,
sell, assign,
sublicense, grant a security interest in or otherwise transfer any right
in the Software or HTML code. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the
purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other
than through the interface
that is provided by ERRI/EmergencyNet News for use in accessing the Service.
DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS
AVAILABLE" BASIS.
ERRI/EMERGENCYNET NEWS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
ERRI/EMERGENCYNET
NEWS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE
SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY
PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ERRI/EMERGENCYNET
NEWS OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOU.
LIMITATION OF
LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT ERRI/EMERGENCYNET NEWS, AND ALL OF ITS OFFICERS,
AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY
DIRECT,
INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF ERRI/EMERGENCYNET
NEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION
FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to
create or join any service, receive or request any news, messages, alerts or
other information from
the Service concerning
companies, stock quotes, investments or securities, please read the above
Sections 17 and
18 again. They go doubly for
you. In addition, for this type of information particularly, the phrase
"Let the investor
beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is
intended for trading or
investing purposes. ERRI/EmergencyNet News shall not be responsible or liable
for the accuracy, usefulness
or availability of any
information transmitted via the Service, and shall not be responsible or liable
for any trading or
investment decisions made
based on such information.
NOTICE
Notices to you may be made via either email, regular mail, fax, or by posting on this website. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
TRADEMARK
INFORMATION
ERRI/EmergencyNet News, the ERRI/EmergencyNet News logo, trademarks and service marks, and other ERRI/EmergencyNet News logos and product and service names are trademarks/service marks of ERRI/EmergencyNet News Inc. (the "ERRI/EmergencyNet News Marks"). Without ERRI/EmergencyNet News's prior permission, you agree not to display or use in any manner, the ERRI/EmergencyNet News Marks. The Emergency Response & Research Institute, Inc. is a Sub Chapter-S corporation, chartered in the State of Illinois.
COPYRIGHTS and
COPYRIGHT AGENTS
ERRI/EmergencyNet
News respects the intellectual property of others, and we ask our users to do
the same. If you believe that your work
has been copied in a way that constitutes copyright infringement, please provide
ERRI/EmergencyNet News's webmaster
the following information:
*
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
*
a description of the
copyrighted work that you claim has been infringed;
*
a description of where the
material that you claim is infringing is located on the site;
*
your address, telephone
number, and email address;
*
a statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner,
its agent, or the law;
* a
statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that
you are the copyright owner
or authorized to act on the copyright owner's behalf.
GENERAL
INFORMATION
The TOU constitute
the entire agreement between you and ERRI/EmergencyNet News and govern your use
of the Service,
superceding any prior
agreements between you and ERRI/EmergencyNet News. You also may be subject to
additional terms and
The section titles
listed above in the TOU are for convenience only and have no legal or
contractual effect.
VIOLATIONS
Please report any violations of this TOU to our webmaster
Questions, comments, or suggestions concerning any of the conditions of your usage of this website or other ERRI/Emergencynet News services may be directed to:
Emergency Response & Research Institute
6348 N. Milwaukee Ave., #312
Chicago, IL. 60646
(773) 631-3774 - Voice
(773) 631-4703 - Fax
(773) 631-3467 - Modem/Emergency BBS On-Line
http://www.emergency.com - Main Webpage
webmaster@emergency.com - E-mail