binding terms for your use of the iAlert.com website, ("iAlert"). By using the iAlert.com website, you agree
to be bound by this Agreement, whether you are a "visitor", which means that you
are simply viewing one of the iAlert.com website with an internet browser or other software,
or you are a "member", meaning you have registered with iAlert.com for one or more of
the iAlert.com services. The term "user" shall refer to both visitors and members. You are
only authorized to use the iAlert.com website, whether such use is intentional or not,
if you agree to abide by this Agreement, and all other applicable laws. Please
read this agreement carefully and save it. If you do not agree with it, you should
leave the iAlert.com website immediately, and discontinue use of iAlert.com. If you
wish to become a member, communicate with other members, and make use of the iAlert.com website, you must read this Agreement, and by signing up as a member during the registration process you are accepting the terms of the iAlert.com service.
iAlert.com may modify this Agreement from time to time and such modification shall
be effective upon posting on the iAlert.com website. You agree to be bound to any changes
to this Agreement when you use the iAlert.com website after any such modification is posted.
It is important that you review this Agreement regularly to ensure you are aware
of any changes.
of Services / Product Description
iAlert.com provides email, SMS text message, and voice-phone weather alert messages to users as well as weather data via the iAlert.com website, (the "Service"). Email, SMS text message, and
voice-Phone alerts service delivery frequency is based on user selected weather hazards, alert location, selected alert method and are sent in real-time based on weather conditions as requested by
user from the user's online iAlert account. The iAlert service may on an as needed basis send email communications from iAlert.com or parent company iAlert Services LLC to communicate
service announcements, administrative messages, and newsletters and
that these communications are considered part of iAlert.com membership and you will not
be able to opt out of receiving them. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the release
of new iAlert.com properties, shall be subject to this Agreement. You understand and
agree that the ialert.com service and website is provided "AS-IS" and that ialert.com or it's parent company iAlert Services LLC assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings. Carriers are not liable for any delayed or undelivered messages. Message frequency varies based on active severe weather and location. You are responsible for obtaining access to the iAlert.com website, and that access may involve third-party fees (such as Internet service
provider, mobile device service provider, or airtime charges, charges for incoming/outgoing text messages). After receiving SMS text message notifications users can opt-out by replying STOP in the received SMS message or otherwise stop email, SMS text message, or voice-phone alerts from user online account. Msgs and Data Rates may apply for SMS. You are responsible for those fees. In addition,
you must provide and are responsible for all equipment necessary to access the
iAlert.com website or to receive ialert.com communications (such as a mobile phone or other such device to receive SMS or otherwise known as text message communication).
Trademarks, Copyrights, and other Intellectual Property Rights
The iAlert.com website and any related software are protected by copyright, trademark, and other
laws and international treaties. Except as described in other sections of this document, all intellectual
property rights such as but not limited to patents, trademarks or copyrights related
to the iAlert.com website are the property of iAlert Services LLC. You agree that your use of the iAlert.com website is through a limited nonexclusive license. iAlert Services LLC is and remains the owner of all
titles, rights, and interests in the iAlert.com website. You acknowledge and agree that
you shall not modify, translate, reverse engineer, decompile or disassemble the
Software or any part thereof or otherwise attempt to derive source code or create
derivative works there from. You acknowledge and agree that you are not allowed
to remove, alter or destroy any proprietary, trademark or copyright markings or
notices placed upon, contained within, or used in relation to the ialert.com website. iAlert is completely indepent and does not directly represent any government agency. The display of goverment logos, or reference to any government agency, on the iAlert.com website is to provide as "credit to" only and "reference back" to the authorized goverment agency responsible for the issuing such alerts.
In consideration of your use of the iAlert.com website,
you represent that you are of legal age to form a binding contract and are not
a person barred from receiving services under the laws of the United States or
other applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the iAlert.com website's registration form (the "Registration Data") 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 iAlert.com has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, iAlert.com has the right to suspend or terminate your account
and refuse any and all current or future use of the iAlert.com website (or any portion
thereof). iAlert.com is concerned about the safety and privacy of all its users, particularly
children. You must be over thirteen years of age to register for iAlert.com services.
By using the iAlert.com website, you represent and warrant that you have the right, authority,
and capacity to enter into this Agreement and will abide by the terms and conditions
of this Agreement.
Registration Data and certain other information about you
understand that through your use of the iAlert.com website you consent to the collection
transfer of this information to the United States and/or other countries for storage,
processing and use by iAlert.com or parent company iAlert Services LLC, its affiliates and under certain circumstances, commercial
into this agreement by reference.
Account, Password and Security
You will receive a password and account
designation upon completing the iAlert.com website 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 iAlert.com 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. iAlert.com cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section. iAlert.com may
charge a fee for membership in or access to any of the iAlert.com website as it deems appropriate.
Such fee shall be non-refundable.
You understand that you will use only a reasonable amount
of bandwidth, that is, that you are responsible for ensuring that the amount of
data transmitted between third-parties and iAlert.com for the purposes of viewing content
that you control will remain within a reasonable limit. iAlert.com will set that limit
at its sole discretion. iAlert.com take any remedies to cure use of an unreasonable amount
of bandwidth, including, but not limited to, removing access to content causing
unreasonable bandwidth usage, either temporarily or permanently; temporarily or
permanently suspending your member account; or terminating this agreement.
- Special Admonitions
for International Use
Recognizing the global nature of the Internet, you
agree to comply with all rules regarding online conduct specific to any geographic
location in which you use the iAlert.com website. You also agree to comply with any applicable
United States export rules that may govern the geographic location in which you
use the iAlert.com website.
You agree to indemnify and hold harmless iAlert.com or parent company iAlert Services LLC and its subsidiaries, affiliates,
officers, agents, employees, partners, licensors and licensees from any claim
or demand, including attorney's fees and costs, made by any third party due to
or arising out of your use of the iAlert.com website, your connection with the iAlert.com website,
or your violation of this Agreement.
Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade,
resell, or exploit for any commercial purpose, any portion of the iAlert.com website, use
of the iAlert.com website, or access to the iAlert.com website.
Practices Regarding Use and Service
You agree that iAlert.com may establish general
practices and limits concerning use of the iAlert.com website, including without limitation
iAlert.com reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the iAlert.com website (or any part
thereof) with or without notice. You agree that iAlert.com shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the iAlert.com Services.
You agree that iAlert.com may, under certain circumstances and without prior notice
and at iAlert.com's sole discretion, immediately terminate your iAlert.com account, any associated
email address, and access to the iAlert.com website. Cause for such termination shall include,
but not be limited to:
or violations of the TOS or other incorporated agreements or guidelines
- requests by law enforcement
or other government agencies
request by you (self-initiated account deletions)
or material modification to the iAlert.com website (or any part thereof)
- unexpected technical or security
issues or problems
periods of inactivity
by you in fraudulent or illegal activities, or
of any fees owed by you in connection with the iAlert.com website.
Termination of your membership
of access to all offerings within the iAlert.com website, including but not limited to iAlert.com Mail, Groups, Messenger, Chat, Domains, Personals, Auctions,
- Message Boards,
Greetings, Alerts and Games
of your password and all related information, files and content associated with
or inside your account (or any part thereof)
of further use of the iAlert.com website.
you agree that all terminations for cause shall be made in iAlert.com's sole discretion
and that iAlert.com shall not be liable to you or any third party for any termination
of your account, any associated email address, or access to the iAlert.com website.
Members can terminate their account and service manually at any time from inside their membership account.
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the iAlert.com website, 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 iAlert.com 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 iAlert.com website.
- Advertising Placement
Advertising is placed on the iAlert platform in online web pages for all users and in newsletters, email alerts, and text message alerts for free iAlert account holders. Paid iAlert account holders do not receive any advertisements in newsletters, in email alerts, or in text message alert notifications.
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
You understand and expressly agree that:
use of the iAlert.com is at your sole risk. The iAlert.com website and services is provided on an "as
is" and "as available" basis. iAlert.com and its subsidiaries, affiliates, officers,
employees, agents, partners, and licensees disclaim all warranties of any kind,
whether express of implied, including, but not limited to, an implied warranty
of merchantability, any express or implied warranty of fitness for a particular
purpose, and any implied or express warranty of non-infringement.
- iAlert.com and its subsidiaries, affiliates,
officers, employees, agents, partners, and licensors and licensees make no warranty
of the iAlert.com website or iAlert.com services and is operated under reasonable effort. iAlert.com makes no guarantee of timely disseinatinon of alerts and is not responsible if alerts are not received by members in a timely manner.
material you download or otherwise obtain through use of the iAlert.com website you access
at your sole risk. You agree that you shall be solely responsible for any damage
to your computer system or loss of data that results from the download of or accessing
of any such material.
communication between iAlert.com or the parent company iAlert Services LLC and you, or through or from the iAlert.com website shall create
any warranty not expressly created in this Agreement.
- Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
expressly understand and agree that iAlert.com and parent company iAlert Services LLC and its subsidiaries, affiliates, officers,
directors, employees, agents, partners, and licensors shall not be liable to you
for any direct, indirect, incidental, special, consequential or exemplary damages,
including, but not limited to, damages for loss of profits, goodwill, loss of
use, loss of data or other intangible losses, even if iAlert.com or iAlert Services LLC has been advised of
the possibility of such damages, resulting from:
use or the inability to use the iAlert.com website or services; The
cost of procurement of substitute goods or services resulting from any goods,
data, information or services purchased or obtained or messages received or transactions
entered into through or from the IAlert.com website; Unauthorized
access to or alteration of your transmissions or data; Any
postings or transmissions made by you, the user; Statements
or conduct of any third party on the iAlert.com website; or Any
other matter relating to the iAlert.com website.
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
Third Party Beneficiaries
Some Jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
You agree that, except as otherwise expressly
provided in this Agreement, there shall be no third-party beneficiaries to this
iAlert.com or parent company iAlert Services LLC may provide you with notices, including those regarding changes to this Agreement,
at iAlert.com's sole discretion, in any manner iAlert.com decides, including, but not limited
to, posting to one of the iAlert.com website, email, regular mail, or by SMS.
This Agreement constitutes the entire agreement between you
and iAlert.com and parent company iAlert Services LLC and governs your use of the iAlert.com website, superseding any prior agreements
between you and iAlert.com and parent company iAlert Services LLC with respect to the iAlert.com website. No agreement other than this
shall govern your use of the iAlert.com website, unless it is incorporated herein. The
There shall be no modification or amendment to this agreement except in writing
at the sole discretion of iAlert.com. You agree that posting of a modification or amendment
to this agreement to the iAlert.com website shall constitute
acceptable notice such modification or amendment.
of Law, Forum and Venue
The Agreement, and the relationship between you and iAlert.com and parent company iAlert Services LLC shall be governed by the laws of Maryland without regard to its Conflict of Laws provisions, and without regard to your domicile or physical location. You and iAlert.com and parent company iAlert Services LLC agree to submit to the exclusive personal jurisdiction of Rockville, Maryland either in the State or Federal courts with jurisdiction thereof. You and iAlert.com and parent company iAlert Services agree that proper venue for any claims arising out of or related to this Agreement shall be county of Montgomery, Rockville Maryland.
The failure of iAlert.com to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or provision. If
any provision of the Agreement is found by a court of competent jurisdiction to
be invalid, you and iAlert.com nonetheless agree that the court should endeavor to give
full effect to the parties' intentions as reflected in the provision, and you
and iAlert.com agree that other provisions of the Agreement remain in full effect.
No Right of Survivorship
You agree that your right to access the iAlert.com website
through a membership is non-transferable and any rights to your membership or
contents within your account terminate upon your death. Upon receipt of a copy
of a death certificate, your account may be terminated and all contents permanently
Claim Time Limitation
You agree that regardless of any law to the contrary, any claim or cause
of action arising out of or related to use of the iAlert.com services, or this Agreement
must be filed within one year after such claim or cause of action arises or be
Forward paid services may be refunded at the sole discretion of iAlert.com and the parent company iAlert Services LLC. There are no refunds for paid services consumed prior to refund request date, exceptions may be considered at the sole discretion of iAlert.com and the parent company iAlert Services LLC.
Customer Care Contact Information
Address: iAlert Services, LLC, 11140 Rockville Pike, Suite 100-114, Rockville, MD 20852
you need additional assistance please contact iAlert.com support