Rave Wireless, Inc. d/b/a Rave
Mobile Safety, a Delaware company ("Rave"), welcomes you, as an administrator
("Administrator"), to access and use Rave Facility ("Facility
Profile") in connection with its proprietary emergency communication related services
(collectively with the Facility Profile, "Services") subject to these Terms of
Use ("Terms" or "Agreement") and its related Privacy Policy
incorporated by reference herein ("Privacy Policy"). By accessing or using any of the Services,
(i) you hereby expressly represent and warrant that
your school, business, agency or other organization ("Organization") has been authorized
to access and use such Services by the institution licensing the Services from
Rave ("Client") or any institution for whose benefit Client is licensing the
Services ("Designated Institution"), (ii) you hereby expressly represent and
warrant that you are authorized by your Organization to provide and update your
Organization's Facility Profile and to enter into this Agreement on behalf of
your Organization, and (iii) you hereby expressly acknowledge that you have
read, understood, and agree, on behalf of your Organization, to be bound by
these Terms, the Privacy Policy, as well as any additional terms or guidelines
applicable to the specific Services you use, which shall be posted from time to
time at Rave's website or any other user interface for such Services. All additional terms or guidelines
applicable to the specific Services, along with the Privacy Policy, shall be hereby
incorporated into these Terms. In
these Terms, you (together with any other personnel who are expressly
authorized by your Organization to administer and edit your Organization's
Facility Profile) are alternately referred to as "you" or "Administrator".
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.
ADMINISTRATOR RESPONSIBILITIES
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
EACH ORGANIZATION
UNDERSTANDS AND ACCEPTS FULL LEGAL RESPONSIBILITY FOR THE CONTENT, ACCURACY,
AND SUFFICIENCY OF ALL OF ITS FACILITY INFORMATION. All Facility Information is subject to Rave's
then-current Privacy Policy.
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.
Limitations
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.
MISCELLANEOUS PROVISIONS
Each Organization
agrees that any dispute arising under these Terms or the Privacy Policy shall
be submitted to binding arbitration according to the rules and regulations of,
and administered by, the American Arbitration Association, and that any award
granted pursuant to such arbitration may be rendered to final judgment in any
court of competent jurisdiction as provided below. If any dispute arises hereunder, the
prevailing party shall be entitled to all costs and attorney's fees from the
losing party for enforcement of any right included in this Agreement, whether
in Arbitration, a Court of first jurisdiction and all Courts of Appeal. These
Terms and the Privacy Policy shall be governed under the laws of Massachusetts,
without regards to conflict of law principles, and the venue for the
enforcement of any above-referenced arbitral award shall be in the state courts
in Framingham, Middlesex County, Massachusetts, or the federal courts
encompassing such venue.
In the event
any provision of these Terms or the Privacy Policy is determined by an
arbitrator or court of competent jurisdiction to be void, the remaining
provisions of this Agreement shall remain binding on the parties hereto with
the same effect as though the void provision(s) had been limited or deleted, as
applicable.
Any provisions
of this Agreement that, by their nature, are intended to survive the
termination of Services, including without limitation, the provisions of the
Section above entitled "LIMITATIONS" shall survive any such
termination without limitation. Certain
obligations set forth herein represent independent covenants by which each Organization
may be bound and shall remain bound regardless of any breach of these Terms and
the Privacy Policy and shall survive termination of these Terms.
Rave reserves the
right to modify any portion of these Terms or the Privacy Policy at any time by
posting the revised Terms here. Each Organization's continued use of any
of the Services following any such posting constitutes such Organization's
acceptance of the revised Terms and Privacy Policy.
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, 492 Old Connecticut Path, 2nd Floor, Framingham, MA
01701, Attention: Legal Department.
Additional
terms regulating the handling of each Organization's personal information are
contained in the Privacy Policy located here: https://www.smart911.com/privacy.html. By accepting this
Agreement, each Organization is also acknowledging that it has reviewed and is
accepting the Privacy Policy.
For each Organization, these
Terms and the Privacy Policy, constitutes the entire agreement between such
Organization and Rave with respect to the Services and supersedes and replaces
all prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. Any waiver of any provision of these Terms or the
Privacy Policy will be effective only if in writing and signed by Rave.