Terms of Service

1. This Agreement
   This Terms of Use Agreement ("Agreement") sets forth the legally 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.
   
   
2. Modification
   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.
   
   
3. Description 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).
   
   
4. iAlert.com 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.
   
   
5. Your Registration Obligations
   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.
   
   
6. iAlert.com Privacy Policy
   Registration Data and certain other information about you is subject to our Privacy Policy. By using the iAlert.com website, you are representing that you have read that Privacy Policy and that you have accepted its terms. You understand that through your use of the iAlert.com website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the 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 partners. The iAlert.com Privacy Policy, as available on the iAlert.com website, is incorporated into this agreement by reference.
   
   
7. Member 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.
   
   
8. Bandwidth Limitations
   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.
   
   
9. 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.
   
   
10. Indemnity
    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.
    
    
11. No 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.
    
    
12. General 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
    
    
13. Modifications to Service
    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.
    
    
14. Termination
    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:
    
    
    • breaches or violations of the TOS or other incorporated agreements or guidelines
    • requests by law enforcement or other government agencies
    • a request by you (self-initiated account deletions)
    • discontinuance or material modification to the iAlert.com website (or any part thereof)
    • unexpected technical or security issues or problems
    • extended periods of inactivity
    • engagement by you in fraudulent or illegal activities, or
    • nonpayment of any fees owed by you in connection with the iAlert.com website.
      
      Termination of your membership includes:
    • removal 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
    • deletion of your password and all related information, files and content associated with or inside your account (or any part thereof)
    • barring of further use of the iAlert.com website.

Further, 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.

1. Dealings with Advertisers
   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.
   
   
2. 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.


3. Disclaimer of Warranties
   
   THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
   
   You understand and expressly agree that:
• Your 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.
• Any 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.
• No 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.
  


4. Limitation of Liability
   
   THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
   
   You 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:
• The 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.
  
  
5. Exclusions and Limitations

THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY

Some Jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.

6. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

7. Notices

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.

8. Entire Agreement
   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 iAlert.com privacy policy is incorporated herein in https://iAlert.com/privacy.php. 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.
   
   
9. Choice 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.


10. Severability and Waiver
    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.
    
    
11. Non-Transferrability and 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 deleted.
    
    
12. 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 forever barred.
    


13. Refunds
    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.


14. Customer Care Contact Information
    Email: support@iAlert.com
    Phone: 888.316.8366
    Address: iAlert Services, LLC, 11140 Rockville Pike, Suite 100-114, Rockville, MD 20852
    
    
If you need additional assistance please contact iAlert.com support