Terms and Conditions

By downloading, installing, accessing or using the accompanying Alertable software (the “Application”) you will be bound by the terms of this Agreement (the “Agreement”). The Developers may change, add or remove portions of this Agreement at any time, which shall become effective immediately upon posting. It is your responsibility to review this Agreement prior to each use of the Application, and by continuing to use the Application, you agree to any changes.

You understand and agree that the Application and the information contained within is for informational purposes only, and may include technical inaccuracies or typographical errors. You understand and agree that the Application is provided “AS-IS” and that the Developers assume no responsibility for the timeliness, deletion, misdelivery or accuracy of any of the information.

You understand and agree that the alerts sent through the Application are sent by third parties who are in no way related to the Developers, that the Developers do not verify the accuracy of the information contained in the alerts, and that the Developers are in no way responsible for the content of such alerts.

You understand and agree that the Application is not a life-saving device, and cannot be relied upon in the event of an emergency. The Developers reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. You agree that the Developers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.

You understand and recognize that access to the Application may be governed by your wireless service or data provider and that the Developers have no responsibility for or control over such access.

You agree to use the Application only for lawful purposes. You agree not to take any action that might compromise the security of the Application, render the Application inaccessible to others or otherwise cause damage to the Application. You agree not to use the Application in any manner that might interfere with the rights of third parties.

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

WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE APPLICATION IS PROVIDED ON AN “AS AVAILABLE”, “AS IS” BASIS AND “WITH ALL FAULTS”.

NO REPRESENTATION OR WARRANTY IS MADE REGARDING THE AVAILABILITY, ACCURACY OR RELIABILITY OF THE APPLICATION, THE SERVICES, OR ANY CONTENT, ALERTS OR OTHER FUNCTIONALITY OF THE APPLICATION OR THE SERVICES; AND YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SAME IS AT YOUR OWN DISCRETION AND RISK.

THE DEVELOPERS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APPLICATION INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE DEVELOPERS DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT THE DEVELOPERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU (EVEN WHERE THE PARTIES SHOULD HAVE BEEN AWARE OR WERE OTHERWISE ADVISED OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSIONS SET FORTH IN THIS PARAGRAPH, YOU AGREE THAT THE DEVELOPERS LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

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