User Licensing Agreement - 911Buddy™

User Licensing Agreement

User Licensing Agreement

Welcome, and thanks for using 911Buddy™! When you use our application and internet products and services, you’re agreeing to our terms, so please take a few minutes to read over the User Licensing Agreement below.

Note: You are entering into a legally binding agreement based in the laws of the State of Florida, United States.

  1. Introduction

We are a proprietary web and/or cloud-based, application and internet software application that connects you and a third-party to a local or other-based 911 operator/dispatch facility for use of government and/or privately provided ambulance or other emergency medical services.

(For future versions: Our User Licensing Agreement has been updated; click here for a summary of the changes.)

 1.1. Purpose

The mission of 911Buddy™ is to connect a user and an authorized third party to any 911 dispatch facility across the United States. To achieve our mission, we make services available through our website, mobile applications, and developer platform, to help you and your authorized third parties feel safer in connecting with 911 service providers.

1.2. Scope and Intent

When you use 911Buddy™, you are entering into a legal agreement and you agree to all of these terms.

You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by registering on 911Buddy™, or by using our website, including our mobile applications, developer platform, premium services, or other information provided as part of the 911Buddy™ services (collectively “911Buddy™” or the “Services”), you are entering into a legally binding agreement with The John Avery Company, 22932 John Avery Lane, Cudjoe Key, Florida, 33042, based on the terms of this 911Buddy™ User Licensing Agreement and the 911Buddy™ Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a 911Buddy™ member (“Member”). If you are using 911Buddy™ on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a 911Buddy™ Member, do not enter into this Agreement, do NOT click “Join Now” and do not access, view, download or otherwise use any 911Buddy™ webpage, information or services. By clicking “Join Now” (or “Join 911Buddy™” or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Join Now,” you also consent to use electronic signatures and acknowledge your click of the “Join Now” button as one. Please note that the 911Buddy™User Licensing Agreement and Privacy Policy are also collectively referred to as 911Buddy™’s “Terms of Service.”

  1. Your Obligations

2.1. Applicable laws and this Agreement

Some promises you make to us in this Agreement:

You will follow the law and 911Buddy™’s rules.

You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:

2.2. License and warranty for your submissions to 911Buddy™

You grant us a license to the information you provide us.

You own the information you provide 911Buddy™ under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant 911Buddy™ a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, remove, retain, add, process, analyze, and use, in any way now known or in the future discovered, any information you provide, directly or indirectly to 911Buddy™, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to 911Buddy™n, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your 911Buddy™ profile information accurate and updated.

2.3. Service Eligibility

You are eligible to enter into this contract and you are at least our “Minimum Age.”

The information you provide is truthful.

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a 911Buddy™ account, (3) are not a competitor of 911Buddy™or are not using the Services for reasons that are in competition with 911Buddy™; (4) will only maintain one 911Buddy™ account at any given time; (5) will use your real name and only provide accurate information to 911Buddy™; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of 911Buddy™ or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for 911Buddy™ to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not intended for use by children under the age of 13.

2.4. Your Membership

You will keep your password a secret.

You will not share an account with anyone else.

You will not copy or transfer any part of the Service.

The profile you create on 911Buddy™ will become part of 911Buddy™ and except for the information that you license to us is owned by 911Buddy™. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your 911Buddy™ account to another party; and (5) not charge anyone for access to any portion of 911Buddy™, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.

2.5. Indemnification

You will pay us for any losses that you cause.

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through 911Buddy™.

2.6. Payment

By honoring your payment obligations and you approve us storing your payment information. Also, there may be fees and taxes that are added to our prices.

There are no refunds.

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to 911Buddy™ storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. 911Buddy™ does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.

There are no refunds for lack of usage or dissatisfaction. You also acknowledge that 911Buddy™’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

2.7. Notify us of acts contrary to the Agreement

If you think you have to breach this Agreement, you will let us know beforehand.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

2.8. Notifications and Service Messages

You authorize us to provide you with important notices on the website, mobile apps, or email.

The contact information you provide must be accurate or you may not receive important notices.

For purposes of service messages and notices about the Services, 911Buddy™ may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from 911Buddy™ to an email address associated with your account, even if we have other contact information. You also agree that 911Buddy™ may communicate with you through your 911Buddy™ account or through other means including email, mobile number, telephone, or delivery services including the postal service about your 911Buddy™ account or services associated with 911Buddy™. Please review your Settings to control what kind of messages you receive from 911Buddy™. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

2.9. 911Buddy™ Applications

This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.

911Buddy™ may offer the Services through applications built using 911Buddy™’s platform (“911Buddy™ Applications”). Examples of 911Buddy™ Applications include its smart phone applications (911Buddy™ for Android, 911Buddy™ for Blackberry or 911Buddy™ for iPhone), 911Buddy™ Applications are distinct from third party Platform Applications addressed in Section 4.2. If you use a 911Buddy™ Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing 911Buddy™ plugins that load in your browser may be communicated to us. Further, by importing any of your 911Buddy™ data through the 911Buddy™ Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. Any confidential medical information which is stored as part of your user account, however, shall remain private and stored exclusively on your device. In the event you change or deactivate your mobile account, you must promptly update your 911Buddy™ account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing 911Buddy™ through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

2.10. Privacy

You agree to us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy.

You should carefully read our full Privacy Policy before using 911Buddy™ as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content which you may submit to 911Buddy™ are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that 911Buddy™ may process such information, within the terms of the Privacy Policy.

2.11. Export Control

You won’t break export laws.

Your use of 911Buddy™ services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

2.12. Contributions to 911Buddy™

If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.

By submitting ideas, suggestions, documents, or proposals (“Contributions”) to 911Buddy™ through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) 911Buddy™ is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) 911Buddy™ shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) 911Buddy™ may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to 911Buddy™ rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from 911Buddy™ under any circumstances.

  1. Your Rights

If you follow this agreement, we grant you a limited right to use 911Buddy™.

You will only access and use 911Buddy™ in the way this agreement allows you.

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or 911Buddy™ authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of 911Buddy™ or its Members), to view information and use the Services that we provide on 911Buddy™ webpages and in accordance with this Agreement. Any other use of 911Buddy™ contrary to our mission and purpose (such as seeking to connect to a 911 dispatch facility for illegal purposes or to use information gathered from 911Buddy™ commercially unless expressly authorized by 911Buddy™) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in 911Buddy™ and all related items, including any and all copies made of the 911Buddy™ website.

  1. Our Rights & Obligations

4.1. Services Availability

We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.

For as long as 911Buddy™ continues to offer the Services, 911Buddy™ shall provide and seek to update, improve and expand the Services. As a result, we allow you to access 911Buddy™ as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue 911Buddy™, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on 911Buddy™ or by direct communication to you unless otherwise noted. 911Buddy™ further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by 911Buddy™ to be contrary to this Agreement. For avoidance of doubt, 911Buddy™ has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.

4.2. Third Party Sites and Developers

Third parties may offer their own products and services through 911Buddy™, and we are not responsible for these third-party activities.

911Buddy™ may include links to third party web sites (“Third Party Sites”) on our website(s) and elsewhere. 911Buddy™ also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by 911Buddy™ through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. 911Buddy™ is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. 911Buddy™ also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to use Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow a Platform Application or Third Party Site to authenticate you or connect with your 911Buddy™ account, that application or website can access information on 911Buddy™ related to you and your authorized third parties. For additional information regarding Platform Developers and Platform Applications, please refer to 911Buddy™’s Privacy Policy.

4.3. Disclosure of User Information

You agree that we can use, store, and share information about you as permitted in our Privacy Policy.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of 911Buddy™, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

4.4. Intellectual Property Notices

We are providing you notice about our intellectual property rights.

The Service includes the patents, copyrights and Intellectual property rights of 911Buddy™ and except for the limited license granted to you in Section 3, 911Buddy™ reserves all of its intellectual property rights in the Service. 911Buddy™, the 911Buddy™ and any logos and other 911Buddy™ trademarks, service marks, graphics, and logos used in connection with 911Buddy™ are trademarks or registered trademarks of The John Avery Company in the U.S. and/or other countries. This service includes a proprietary software and/or data structure which is covered or is coverable by a patent in the United States and/or other countries. Other trademarks and logos used in connection with 911Buddy™ may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.

  1. Disclaimer

We disclaim any legal liability for the quality, safety, or reliability of 911Buddy™.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON 911BUDDY™ OR IT’S SUPPLIERS, ANY INFORMATION THEREIN, OR IT’S CONTINUATION. WE PROVIDE THE PLATFORM FOR 911BUDDY™ AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. 911BUDDY™ DOES NOT CONTROL OR VET USERS FOR RELIABILITY AND/OR ACCURACY OF INFORMATION PROVIDED. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 911BUDDY™ AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY 911BUDDY™ OR ANYTHING RELATED TO 911BUDDY™, YOU MAY CLOSE YOUR 911BUDDY™ ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. 911BUDDY™ IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER CONTENT) SENT THROUGH 911BUDDY™ TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. 911BUDDY™ DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS. THEREFORE, 911BUDDY™ DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. 911BUDDY™ DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. 911BUDDY™ DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, 911BUDDY™ DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE 911BUDDY™ SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

  1. Limitation of Liability

We are trying to limit any legal liability we may have to you.

LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither 911Buddy™ nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“911Buddy™ Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from 911Buddy™. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

  1. Termination

7.1. Mutual rights of termination

We can each end this Agreement anytime we want.

You may terminate this Agreement, for any or no reason, at any time, with notice to 911Buddy™ pursuant to Section 9.3. This notice will be effective upon 911Buddy™ processing your notice. 911Buddy™ may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only 911Buddy™ or the party paying for the services may terminate your access to any Premium Services. Termination of your 911Buddy™ account includes disabling your access to 911Buddy™ and may also bar you from any future use of 911Buddy™.

7.2. Misuse of the Services

911Buddy™ may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the 911Buddy™ messaging services; creating multiple or false profiles; using the Services commercially without 911Buddy™’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that 911Buddy™, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, 911Buddy™ has adopted a policy of terminating accounts of Members who, in 911Buddy™’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act, The America Invents Act or Health Insurance Portability and Accountability Act .

7.3. Effect of Termination

Upon termination of your 911Buddy™ account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Section 4 (“Our Rights and Obligations”).

  1. Dispute Resolution

8.1. Law and Forum for Legal Disputes

In the unlikely event we end up in a legal dispute, it will take place in Florida courts, applying Florida law.

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Florida regardless of your country of origin or where you access 911Buddy™, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and 911Buddy™ agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Monroe County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and 911Buddy™ agree to submit to the personal jurisdiction of the courts located within Monroe County, Florida for the purpose of litigating all such claims. Notwithstanding the above, you agree that 911Buddy™ shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

8.2. Arbitration Option

Each of us will have the right to choose arbitration.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

  1. General Terms

9.1. Severability

Here are some important details about how to read the Agreement.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

9.2. Language

Where 911Buddy™ has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with 911Buddy™.

9.3. Notices and Service of Process

In addition to Section 2.8. (“Notices and Service Messages”), we may notify you via postings on our website.

9.4. Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and 911Buddy™ regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 911Buddy™ services, third-party content or third party software.

9.5. Amendments to This Agreement

We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at our website or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

9.6. No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any 911Buddy™ Affiliate shall be deemed legally binding on any 911Buddy™ Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of 911Buddy™.

9.7. No Injunctive Relief

You waive your rights to try to stop 911Buddy™, but we don’t waive our rights to ask a court to stop your actions.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

9.8. Beneficiaries

Entities other than The John Avery Company, that The John Avery Company owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.

9.9. Assignment and Delegation

You can’t assign your rights under this Agreement, but we can.

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, The John Avery Company for any third party that assumes our rights and obligations under this Agreement.

9.10. Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

  1. 911Buddy™ “DOs” and “DON’Ts.”

As a condition to access 911Buddy™, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

10.1. Do undertake the following:

Here’s a list of some of the specific things we ask you to do and not do on 911Buddy™.

 

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, medical information confidentiality laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and update it as necessary;
  3. Review and comply with our Privacy Policy;
  4. Review and comply with notices sent by 911Buddy™ concerning the Services;
  5. Use the Services in a professional and non-illegal manner;
  6. Protect sensitive personal information such as your email address, phone number, street address, or other personal and/or medical information that is confidential in nature; and
  7. Use your real name on your profile.

10.2. Don’t undertake the following:

  1. Act dishonestly or unprofessionally by using 911Buddy™ to engage in illegal telephone communication, i.e., prank calls;
  2. Enter inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field).
  3. Create a Member profile for anyone other than a natural person;
  4. Harass, abuse or harm another person, including sending unwelcomed communications to others using 911Buddy™;
  5. Use or attempt to use another’s account or create a false identity on 911Buddy™;
  6. Upload, email, transmit or otherwise make available or initiate any content that:
    1. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
    2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
    3. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    4. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
    5. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of 911Buddy™ or any user of 911Buddy™;

How To Contact Us

If you have questions or comments about this User Agreement, please contact us online or by physical mail at:

The John Avery Company
22932 John Avery Lane
Cudjoe Key, FL 33042