IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE FACILITY PROFILE OR ANY OTHER SERVICES.
DESCRIPTION OF SERVICES
By accessing the Facility Profile, as an Administrator you will have a means to (i) provide certain information regarding your Organization's specific physical facility, including, but not limited to, campus maps, building and floor plans, and certain tenant information (collectively, "Facility Information") to Rave's databases for potential use by a Local 9-1-1 Call Center (as defined below) and/or Emergency Service Providers (as defined below), and/or (ii) designate certain individuals associated with your Organization to receive notification of certain emergency or non-emergency events or situations involving your Organization (collectively, "Designated Recipients") in connection with the operation and use of the Services. The Services are designed to transmit the Facility Information originally provided (or later updated, if applicable) by you to Rave in connection with your access and use of the Facility Profile, to the 9-1-1 call center that serves the geographic area covering your Organization ("Local 9-1-1 Call Center"), the participating safety and emergency response services during specific emergency incidents, including without limitation, fire, police, emergency medical, emergency management, campus safety officials and public health services (collectively, "Emergency Service Providers") and Designated Recipients.
YOU, AS AN ADMINISTRATOR, ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE FACILITY PROFILE AND ANY OTHER SERVICES, YOU PROVIDE CONSENT TO RELEASE ALL FACILITY INFORMATION TO LOCAL 9-1-1 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED RECIPIENTS in accordance with the specific services opted in by Administrator. RAVE DOES NOT GUARANTEE DELIVERY OF any 9-1-1 call or FACILITY INFORMATION AND HAS NO CONTROL OVER THE MANNER IN WHICH 9-1-1 CALLS ARE ROUTED OR FACILITY INFORMATION IS ACCESSED OR USED.
YOU UNDERSTAND AND AGREE THAT NOT ALL LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS HAVE ACCESS TO THE SERVICES AND THAT THE SERVICES MAY NOT BE UTILIZED BY LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS THAT DO HAVE SUCH ACCESS. Rave cannot control the manner in which emergency services are rendered, and therefore cannot guarantee that Local 9-1-1 Call Centers and Emergency Service Providers will utilize the Facility Information in connection with their response to any emergency or other situation.
Only Client, on behalf of itself or any Designated Institution, is licensed to authorize Organizations and their Administrators to use Rave's Services. Clients may include local municipalities, schools, businesses, or any other entities that contract with Rave, on behalf of themselves and their Designated Institutions, for the ability to authorize the use of Rave's Services. All Clients are bound by a license agreement with Rave ("License Agreement"), and agree to use Rave's Services in accordance with the terms and conditions of such License Agreement and all applicable laws and regulations.
Administrator acknowledges and agrees that, by accessing and using the Facility Profile, it consents to be contacted through SMS text, email, or voice call via an automated dialer using a pre-recorded message by Rave as part of the Services. The frequency of these messages will depend on how Administrator uses the Services, and how frequently Emergency Service Providers or Clients or Designated Institutions, as the case may be, send messages through the Services. Message and data rates may apply.
At any time you may stop text messages from being sent to your mobile phone by simply texting STOP to number from which you are receiving messages (e.g. 22911, 67283, and/or 226787), after which time you will no longer receive text messages from the Services. Text INFO or HELP to 22911from your registered mobile phone and you will be sent a text message with simple instructions.
EACH ADMINISTRATOR UNDERSTANDS AND AGREES THAT SERVICES PROVIDED BY RAVE ARE NOT AVAILABLE IN ALL AREAS. Each Administrator understands and agrees that many of the Services provided by Rave are subscription based-services which are only available if purchased by Clients, Local 9-1-1 Call Centers and Emergency Service Providers. Each Administrator understands and agrees that it is Administrator's responsibility to ensure that its Organization's Facility Profile is accurately provided and updated.
Each Administrator understands and agrees that by accessing and using the Facility Profile you are agreeing to make your Organization's Facility Information available to Local 9-1-1 Centers, Emergency Service Providers and Designated Recipients in connection with the operation and use of the Services.
EACH ADMINISTRATOR UNDERSTANDS AND AGREES THAT PARTICIPATION IN SERVICES DOES NOT CONSTITUTE AN AGREEMENT BETWEEN YOUR ORGANIZATION AND ANY LOCAL 9-1-1 CALL CENTERS AND/OR EMERGENCY SERVICE PROVIDERS.
YOU UNDERSTAND AND AGREE THAT YOU WILL NOT RELY ON THE SERVICES AS THE SOLE MEANS BY WHICH YOU OR YOUR ORGANIZATION WILL COMMUNICATE INFORMATION TO ANY LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT OTHER METHODS OF SUPPLYING INFORMATION TO LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS ARE AVAILABLE TO YOU AND YOUR ORGANIZATION, INCLUDING THE VERBAL TRANSMISSION OF INFORMATION OVER THE PHONE WHEN MAKING A 9-1-1 CALL. THE SERVICES CANNOT AND DO NOT REPLACE, AND ARE NOT INTENDED TO REPLACE, YOUR VERBAL PROVISION OF YOUR ORGANIZATION'S FACILITY INFORMATION TO THE LOCAL 9-1-1 CALL CENTER AND EMERGENCY SERVICE PROVIDERS IN CONNECTION WITH ANY EMERGENCY SITUATION. NOR DO THE SERVICES REPLACE THE NEED FOR YOU TO PLACE A CALL TO 9-1-1 IN THE EVENT OF AN EMERGENCY.
YOU UNDERSTAND AND AGREE THAT RAVE DOES NOT HAVE CONTROL OVER THE NETWORKS, EQUIPMENT OR FACILITIES OF TELEPHONE SERVICE PROVIDERS OR OVER EMERGENCY SERVICE PROVIDER EQUIPMENT OR FACILITIES THAT MAY BE NEEDED, USED FOR OR INVOLVED IN DELIVERING, TRANSMITTING OR OTHERWISE MAKING AVAILABLE ANY OF YOUR ORGANIZATION'S FACILITY INFORMATION TO ANY LOCAL 9-1-1 CENTER OR EMERGENCY SERVICE PROVIDER, OR DELIVERING NOTIFICATIONS TO DESIGNATED RECIPIENTS. RAVE, THEREFORE, MAY NOT ALWAYS BE ABLE TO PROVIDE LOCAL 9-1-1 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED RECIPIENTS WITH ANY FACILITY INFORMATION.
YOU REPRESENT AND WARRANT THAT YOUR ORGANIZATION CURRENTLY MAINTAINS AND SHALL CONTINUE TO MAINTAIN BACK-UP EMERGENCY PROCEDURES AND YOU UNDERSTAND AND AGREE THAT YOUR ORGANIZATION SHALL BE RESPONSIBLE FOR ENSURING THE IMPLEMENTATION OF ALL SUCH BACK-UP EMERGENCY PROCEDURES IN THE EVENT OF ANY AND ALL EMERGENCY OR POTENTIAL EMERGENCY SITUATIONS AND FOR COMMUNICATING DIRECTLY WITH ANY LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS IN ACCORDANCE WITH ALL SUCH BACK-UP EMERGENCY PROCEDURES NOTWITHSTANDING ANY FEATURE OR FUNCTIONALITY OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT RAVE IS NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF ANY LOCAL 9-1-1 CALL CENTER, EMERGENCY SERVICE PROVIDERS AND DESIGNATED RECIPIENTS. RAVE CANNOT GUARANTEE DELIVERY OF ANY FACILITY INFORMATION IN CONNECTION WITH ANY ACTIVATION OF THE SERVICES AND IS NOT RESPONSIBLE FOR ANY INTERACTION OR LACK THEREOF BETWEEN ANY LOCAL 9-1-1 CALL CENTERS, ANY EMERGENCY SERVICE PROVIDERS, AND/OR ANY DESIGNATED RECIPIENTS.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED FOR CONVENIENCE ONLY. THE SERVICES DO NOT REPLACE DIALING 9-1-1 DIRECTLY AND PROVIDING YOUR ORGANIZATION'S FACILITY INFORMATION IN THE EVENT YOUR ORGANIZATION REQUIRES IMMEDIATE ASSISTANCE. THE SERVICES MUST NOT BE RELIED UPON TO PROVIDE EMERGENCY RESPONSE SERVICES. SUCH EMERGENCY RESPONSE SERVICES CAN ONLY BE ACCESSED BY PLACING A DIRECT CALL TO 9-1-1.
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR UPDATING YOUR ORGANIZATION'S FACILITY INFORMATION IN RAVE'S DATABASES TO ACCOUNT FOR ANY CHANGE IN ANY INFORMATION ASSOCIATED WITH SUCH FACILITY INFORMATION.
Each Organization understands and agrees that Rave does not have control over the telephone service and internet service providers which may be necessary for providing the Services and that such failure shall not be deemed to be the responsibility of Rave. Each Organization understands and agrees that Rave reserves the right to suspend or immediately terminate any such Organization's or any Administrator's access to and use of the Facility Profile if such Organization or Administrator's acts or pattern of activity interfere or threaten to interfere in any manner with any Local 9-1-1 Call Center, Emergency Service Provider or Rave's ability to provide Services to its Clients and their Designated Institutions, Organizations, Local 9-1-1 Call Centers or Emergency Service Providers.
Facility Profile Information and Maintenance
AS AN ADMINISTRATOR, YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.
Administrator understands and agrees that, Rave reserves the right to validate access and use of the Services, through means of its own choosing, which may include calling and/or sending SMS text messages to Administrators. As an Administrator, you agree that Rave may contact you to validate the phone number(s) you register with Rave's databases. IT IS YOUR RESPONSIBILITY TO CORRECT YOUR ORGANIZATION'S FACILITY INFORMATION WHEN THE INFORMATION YOU HAVE PROVIDED IS OR BECOMES INACCURATE. CREATING ANY INTENTIONALLY MISLEADING FACILITY INFORMATION OR PROVIDING ANY INTENTIONALLY MISLEADING INFORMATION TO LOCAL 9-1-1 CALL CENTERS OR EMERGENCY SERVICE PROVIDERS IS POTENTIALLY A CRIME AND IS GROUNDS FOR TERMINATION OF SERVICES.
AS AN ADMINISTRATOR, YOU UNDERSTAND AND AGREE THAT THE SERVICES DO NOT VERIFY OR UPDATE YOUR ORGANIZATION'S FACILITY INFORMATION FOR YOU. Administrator must confirm, at least once every six (6) months, that the Organization's Facility Information is accurate. Failure to do so may prevent such Facility Information from being provided to any Local 9-1-1 Call Center, Emergency Service Providers and Designated Recipients.
EACH ORGANIZATION AGREES THAT ITS FACILITY INFORMATION WILL ONLY INCLUDE INFORMATION ABOUT ADULTS AND/OR CHILDREN FOR WHOM IT HAS APPROPRIATE LEGAL RESPONSIBILITY OR APPROPRIATE PRIOR CONSENT, AND THAT SUCH FACILITY INFORMATION DOES NOT INFRINGE OR INVADE THE PRIVACY OF ANY SUCH PERSON. You understand and agree that it is solely your responsibility to take appropriate precautions to ensure that your Administrator log-in credentials are not used by any unauthorized person to access and use the Facility Profile.
Each Organization understands and agrees that once the content of its Facility Information is made available to any Local 9-1-1 Call Centers, Emergency Service Providers and Designated Recipients, it may be transmitted over unsecured Local 9-1-1 Call Center or Emergency Service Provider radios or may otherwise be made accessible through unsecured communications as part of the information disseminated to or by any such Local 9-1-1 Center, Emergency Service Providers or Designated Recipients responding to any 9-1-1 call or to an emergency. Each Organization further understands that the content of the Facility Information may also be stored as part of a public record if required by local statutes.
EACH ORGANIZATION UNDERSTANDS AND AGREES AND HEREBY AUTHORIZES RAVE TO RELEASE AND DISCLOSE ITS FACILITY INFORMATION TO LOCAL 9-1-1 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED RECIPIENTS WHERE TECHNOLOGICALLY POSSIBLE.
EACH ORGANIZATION UNDERSTANDS AND AGREES THAT THE LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS SHALL NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY DUTY TO CONTACT OR TO NOTIFY ANY DESIGNATED RECIPIENTS OF ANY EMERGENCY SITUATION.
You understand and agree that you may cancel your Organization's access and use of the Services at any time by logging into your Organization's Facility Profile and clicking on the "Remove Account" link within the Account Settings menu. If you cancel all or a part of your Services, or if your Organization's Services are terminated for any other reason (including but not limited to termination of Services by any Local 9-1-1 Call Center, Emergency Service Provider, Client or Designated Institution), then Rave will no longer provide you or your Organization with Services or provide your Facility Information to any Local 9-1-1 Centers, Emergency Service Providers or Designated Recipients.
EACH ORGANIZATION UNDERSTANDS AND AGREES THAT RAVE, THE TELEPHONE SERVICE PROVIDER(S), ANY LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS, AND ANY CLIENT, DESIGNATED INSTITUTION AND DESIGNATED RECIPIENTS, (INCLUDING WITHOUT LIMITATION THE OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR POLITICAL SUBDIVISIONS OF EACH OF THE FOREGOING), WHERE IT IS POSSIBLE TO DO SO, (A) ARE INTENDED TO BE AND SHALL BE REGARDED AS DIRECT AND/OR THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT BETWEEN SUCH ORGANIZATION AND RAVE, (B) RESERVE AND MAY ASSERT AGAINST SUCH ORGANIZATION AND ITS ADMINISTRATORS, THEIR RESPECTIVE HEIRS AND ASSIGNS, ALL OF THE DEFENSES, LIMITATIONS OF SERVICE, DISCLAIMERS AND LIMITATIONS OF LIABILITY, EXCLUSIONS OF DAMAGES, AND DISCLAIMERS OF WARRANTIES THAT ARE CONTAINED IN THIS AGREEMENT, AND (C) DO NOT SURRENDER OR RELINQUISH IN ANY MANNER ANY CLAIMS OR DEFENSES THEY MAY OTHERWISE BE ABLE TO ASSERT AGAINST SUCH ORGANIZATION AND ITS ADMINISTRATORS, THEIR RESPECTIVE HEIRS AND ASSIGNS.
ALL ORGANIZATIONS UNDERSTAND AND AGREE THAT RAVE, ALONG WITH ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUCCESSORS AND ASSIGNS (THE "RELEASEES") DISCLAIM ANY AND ALL LIABILITY, WHATSOEVER, WHETHER RAISED BY A THIRD PARTY OR OTHERWISE, FOR ANY AND ALL REASONS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH OR LOSS, INFRINGEMENT, INVASION OF PRIVACY, PROPERTY DAMAGE, AND INTERRUPTION TO BUSINESS, TO ANY ORGANIZATION AND ITS ADMINISTRATORS, THEIR RESPECTIVE HEIRS AND ASSIGNS, WHICH MAY RESULT FROM THE USE OR ANY ERRORS OR OMISSIONS OF THE SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE OR PROVIDE ANY INFORMATION THROUGH THE SERVICES.
ALL ORGANIZATIONS UNDERSTAND AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND HOLD HARMLESS ANY AND ALL RELEASEES FROM ANY AND ALL LIABILITY, LOSS, DAMAGE OR COST OF EVERY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, AND FROM ANY AND ALL PRESENT AND FUTURE CLAIMS, DEMANDS, CAUSES OF ACTION, AND LAWSUITS THEREFOR, IN LAW OR EQUITY, BY ANY ORGANIZATION OR BY ANY OTHER PERSON OR PERSONS CLAIMING THROUGH AN ORGANIZATION (INCLUDING, BUT NOT LIMITED TO, ANY ADMINISTRATORS THEREOF), FOR ANY LOSS, INFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE DISCLOSURE OF ANY FACILITY INFORMATION.
EACH ORGANIZATION AGREES TO INDEMNIFY EACH RELEASEE FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND OTHER LEGAL EXPENSES) OF ANY KIND ARISING FROM OR ATTRIBUTABLE TO (A) ANY BREACH OF THIS AGREEMENT BY YOU OR YOUR ORGANIZATION OR (B) ANY THIRD-PARTY CLAIM AGAINST A RELEASEE RELATING TO YOUR OR YOUR ORGANIZATION'S USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY RELEASEE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL INFORMATION, OR BUSINESS INTERRUPTION) FROM OR DUE TO THE USE, MISUSE OR INABILITY TO USE THE SERVICES, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH ORGANIZATION EXPRESSLY AGREES THAT THE USE OF THE SERVICES IS AT ITS SOLE RISK AND THAT THE SERVICES ARE PROVIDED SOLELY ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
RAVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, DUTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES, DUTIES OR CONDITIONS OF GOOD FAITH, REASONABLE CARE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, AND ACCURACY.
Rave may assign these Terms in its sole discretion. No Organization is permitted to assign these Terms without the prior written consent of Rave. The failure by Rave to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The section headings in this Agreement are provided solely for the convenience of the parties and do not constitute or modify the provisions of this Agreement.
You understand and agree that Rave may send you certain communications which pertain to and are considered part of the Services, such as announcements, newsletters, service announcements and other administrative messages, by SMS text or email message. Your ability to opt out of these communications will be governed by applicable laws and Rave's policies. Notices texted or emailed to an Organization will be deemed given and received when the text or email is sent. Rave has no obligation to provide notice by U.S. Mail or any other means even if its attempt to transmit such communication to an Administrator's phone or email address fails for any reason. Rave may, but is not obligated to, undertake repeated efforts to send such communications to Administrators if it receives notification that the attempted electronic communication failed for any reason.
Any notices to Rave shall be in writing, and shall be deemed delivered upon: (a) personal delivery, if delivered by hand during ordinary business hours; (b) the day of actual delivery if sent by U.S. Mail, postage pre-paid; (c) the day of signed receipt if sent by certified mail, postage pre-paid, or other nationally recognized carrier, return receipt or signature provided and addressed to the Rave as follows: Rave Mobile Safety, 50 Speen Street Suite 301, Framingham, MA 01701, Attention: Legal Department.