- Ownership. The “Services” include the access and use of Aftermath‘s proprietary emergency management application software (the “Application”) and related web services. The Services are owned and operated by Aftermath. Aftermath has the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services.
- Restrictions on Use.
- You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Aftermath’s express prior approval, you shall not post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services. You shall not use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Services. Any conduct by you that, in Aftermath’s discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted.
- The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, animation, text, software, images, video, graphics, music and sound, and the contents of the Services are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Aftermath and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
- You shall not e-mail, upload, post or otherwise make available through the Services any material protected by the copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to Aftermath’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of Aftermath throughout the universe. By submitting material to Aftermath, you automatically grant, or warrant that the owner of such material has expressly granted Aftermath, its subsidiaries, its affiliates, its contractors, and its licensees the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate, perform, edit, transmit, reformat, sublicense and distribute such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by Aftermath and other authorized parties; you agree to allow use of your name and city on the Services and in publicity or advertising without compensation; and you understand and agree that Aftermath shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall they be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials.
- The foregoing provisions of this Section 3 are for the benefit of Aftermath, its subsidiaries, affiliates and its third party content providers, contractors, advertisers, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Equipment. Unless you have contracted with Aftermath to the contrary, you shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.
- Advisory Caution, Disclaimer of Warranty; Limitation of Liability.
- THE SERVICES PROVIDED BY AFTERMATH ARE ADVISORY ONLY AND NOT FOR SAFETY-OF-LIFE PURPOSES. YOU ARE URGED TO CONSULT ALTERNATE WEATHER INFORMATION SOURCES PRIOR TO MAKING SAFETY RELATED DECISIONS.
- YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER AFTERMATH, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES.
- THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. Additionally, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT Aftermath IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL AFTERMATH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN THE PREVIOUS TWELVE MONTHS FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
- Posting and Removal. Aftermath shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. Aftermath does not have an obligation to review posted material on the Services, and Aftermath cannot assure that the material will either be appropriate or appropriately expressed. Aftermath cannot publish all material submitted to the Services. The choice of which material is selected for the Services is at the sole discretion of Aftermath and cannot be disputed. Without limiting the foregoing, Aftermath shall have the right to remove any material that Aftermath, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- Indemnification. You agree to defend, indemnify, and hold harmless Aftermath and its suppliers, officers, advertisers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, and (d) this agreement.
- Trademarks. All other trademarks appearing on the Services are the property of Aftermath or their respective owners.
- Viruses. Aftermath assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
- Export Control. Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Aftermath does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.
- Changed Terms. Aftermath has the right at any time to change or modify the terms and conditions applicable to use of the Services, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means. Any use of the Services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
- Links. The Services may incorporate links to other Web sites. Aftermath does not in any way endorse, nor is it responsible for, the content on those other Web sites.
- Non-Compete. You agree not to build, create, consult or advise others on the content of the Aftermath app in an effort to create a competing product or service using similar logic, methods, formulas, and design for a period of three (3) years from the date of the last update installed by you.
- Omissions. Clerical errors or omissions do not void the entire agreement. The agreement shall remain in effect even if a provision is excluded for any reason.
- Choice of Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Florida, USA WITHOUT REGARD TO ITS CONFLICTS OF LAWS and VENUE [jurisdiction] of any dispute INVOLVING [between] Aftermath Data and You or End User will be in a court in HILLSBOROUGH COUNTY in the state of Florida. Disputes will be resolved in court or through arbitration at Aftermath’s discretion. You agree to pay reasonable legal fees, court costs, interest at the average annual percentage rate generally published online, and collection fees. Court costs and other legal expenses shall be incurred by You. The burden of proof is on You for all claims. NEITHER PARTY NOR ANY AFFILIATES OR ASSIGNEE SHALL HAVE THE RIGHT TO OFFSET THIS AGREEMENT, OR ANY WARRANTY OR OTHER CLAIMS THAT ARISE UNDER THIS AGREEMENT OR OTHERWISE.
Aftermath may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Aftermath to identify you. The types of non-personal data Aftermath may collect and use include, but are not limited to: (i) device properties, including, but not limited to unique device identifier or other device identifier (“UDID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and location; (v) other non-personal data as reasonably required by Aftermath to enhance the Services and other Aftermath products and services.
Aftermath may use and disclose to Aftermath’s partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other Aftermath services and products.
You recognize and agree that the analytics companies utilized by Aftermath may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.
Likely situations when you make personal data available to Aftermath include, but are not limited to: (i) registration for Services, contests, and special events; (ii) subscribing to newsletters; (iii) requesting technical support; and (iv) alerts and notifications (v) otherwise through use of Aftermath Services where personal data is required for use and/or participation.
The types of personal data may vary depending on the type of activity you are engaged in. The personal data Aftermath may collect, process and use may include, but are not limited to your name, screen/nickname, e-mail address, phone number, skills, resources, media, photo or other images, birthdate, sex, address, credit card information, shipping information; and location (only if directly identifiable to you, otherwise Aftermath treats location as non-personal data).
Aftermath may use collected personal data for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving) and to further develop the Services and other Aftermath services and products. Aftermath may combine non-personal data with personal data.
Aftermath may use your personal data to send messages to you with informative and/or commercial content about Aftermath’s services or third party products and services Aftermath thinks may be of interest to you, such as new features and services, special offers and updated information.
Aftermath may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Aftermath to legal liability. Aftermath may also disclose your personal data to third parties when Aftermath has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Aftermath’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Aftermath believes that such disclosure is necessary to protect Aftermath’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Aftermath.
- Cookies and tracking. The Services may use “cookies” and other technologies such as pixel tags, clear GIFs, and web beacons. Aftermath treats information collected by cookies and similar technologies as non-personal data. E-mails and other electronic communications Aftermath sends to you may contain code that enables Aftermath to track your usage of the communication, including whether the communication was opened and/or what links were followed (if any). Aftermath may combine that information with other information Aftermath has about you and Aftermath may use that information to improve the Services and/or provide customized communications to you.
- Third Party Terms and Conditions. Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, online gaming platforms, social networking services and payment providers. You recognize and agree that Aftermath is not liable for any such third party terms and conditions and their use of your personal data.
Aftermath may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Aftermath. Aftermath is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Aftermath is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.
Mutual Non-Disclosure Agreement
This mutual Non-Disclosure Agreement (the “Agreement”) is made and entered into as of the date information is access online as identified by IP address or otherwise, between Aftermath Data, LLC both individually and as an organization if applicable, collectively the Parties. This agreement is entered into by the action of the user by viewing the contents of the website provided.
IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED IN THIS AGREEMENT AND THE DISCLOSURE OF CONFIDENTIAL INFORMATION, BOTH PARTIES HERETO AGREE AS FOLLOWS:
- Definition of Confidential Information and Exclusions.
- “Confidential Information” means nonpublic information that either Party designates as being confidential or which, under the circumstances surrounding disclosure ought to be treated as confidential by the Parties. “Confidential Information” includes, without limitation, information in tangible or intangible form relating to and/or including released or unreleased software or hardware products, the marketing of promotion of the other Party’s product(s), business policies or practices, application code, methodologies, manufacturers, distributors, dealers, independent sales reps, pricing information, hardware construction and capabilities, software code and functionality and information received from others that either Party is obligated to treat as confidential. Except as otherwise indicated in this Agreement, Parties also include all Affiliates. An “Affiliate” means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly or indirectly, control, are controlled by, or are under common control with a Party.
- Confidential Information shall not include any information, however designated, that: (i) is or subsequently becomes publicly available without one Party’s breach of any obligation owed to the other Party; (ii) became known to the Parties prior to disclosure of such information to Recipient pursuant to the terms of this Agreement; (iii) became known to the Parties from a source other than the other Party in the breach of an obligation of confidentiality; (iv) is independently developed by the Parties independently before this agreement and can be substantiated in writing; or (v) constitutes Feedback (as defined in Section 5).
- Obligations Regarding Confidential Information.
- The Parties shall: (i) Refrain from disclosing any Confidential Information to third parties for two (2) years following the date the Party first discloses such Confidential Information to the other Party, except as expressly provided in Sections 2(b) and 2(c) of this Agreement; (ii) Take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than reasonable care, to keep confidential the Confidential Information; (iii) Refrain from disclosing, reproducing, summarizing and/or distributing Confidential Information except in pursuance of the Parties’ business relationship with the each other, and only as otherwise provided hereunder; and (iv) Refrain from reverse engineering, decompiling or disassembling any software code and/or pre-release hardware devices disclosed, except as expressly permitted by applicable law.
- Either Party may disclose Confidential Information in accordance with a judicial or other governmental order, provided that other Party either (i) gives the undersigned representative reasonable notice prior to such disclosure to allow a reasonable opportunity to seek a protective order or equivalent, or (ii) obtains written assurance from the applicable judicial or governmental entity that it will afford the Confidential Information the highest level of protection afforded under applicable law or regulation. Notwithstanding the foregoing, parties shall not disclose any computer source code that contains Confidential Information in accordance with a judicial or other governmental order unless it complies with the requirement set forth in sub-section (i) of this Section 2(b).
- The undersigned parties may disclose Confidential Information only to employees and consultants on a need-to-know basis. The undersigned will have executed or shall execute appropriate written agreements with its employees and consultants sufficient to enable it to comply with all the provisions of this Agreement.
- Disclosing Party shall notify the undersigned representative immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement and its employees and consultants, and will cooperate in every reasonable way to help regain possession of the Confidential Information and prevent its further unauthorized use or disclosure.
- Either Party, upon reasonable request shall, return all originals, copies, reproductions and summaries of Confidential Information and all other tangible materials and devices provided as Confidential Information, or certify destruction of the same.
- Parties acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that parties shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
- All Confidential Information is and shall remain the property of the disclosing party. By disclosing Confidential Information Parties do not grant any express or implied right to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein. Parties’ reserves without prejudice the ability to protect its rights under any such patents, copyrights, trademarks, or trade secrets except as otherwise provided herein.
- Information that is related to this agreement which is prior knowledge of either party and is provided to the other party must be disclosed as such in writing or email with proof of receipt, within five (5) days of the date of the agreement. After this period information provided will fall under the terms of this agreement and be considered confidential and not generally known prior to divulgence.
- In the event that any computer software and/or hardware is provided as Confidential Information under the terms of this Agreement, such computer software and/or hardware may only be used for evaluation and providing Feedback (as defined in Section 5 of this Agreement). Unless otherwise agreed upon, all such computer software and/or hardware is provided “AS IS” without warranty of any kind, and Parties agree that neither Party nor suppliers shall be liable for any damages whatsoever arising from or relating to the use or inability to use such software and/or hardware.
- The Parties agree to comply with all applicable international and national laws that apply to (i) any Confidential Information, or (ii) any product (or any part thereof), process or service that is the direct product of the Confidential Information, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
- This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. It shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence, the Parties, their agents, or employees, but only by an instrument in writing signed by an authorized representative. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.
- This Agreement shall be binding upon and inure to the benefit of each Party’s respective successors and lawful assigns; provided, however, that Parties may not assign this Agreement (whether by operation of law, sale of securities or assets, merger or otherwise), in whole or in part, without the prior written approval of the other Party. Any purported assignment in violation of this Section shall be void.
- If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Applicable Law
- This Agreement shall be governed by and enforced in accordance with the laws of the State of Florida, USA WITHOUT REGARD TO ITS CONFLICTS OF LAWS and VENUE [jurisdiction] of any dispute INVOLVING [between] Aftermath Data, LLC. and Recipient or End User will be in a court in HILLSBOROUGH COUNTY in the state of Florida. The burden of proof of payment or any other burden of proof shall be on the Recipient. NEITHER PARTY NOR ANY AFFILIATED COMPANY OR ASSIGNEE SHALL HAVE THE RIGHT TO OFF SET THIS AGREEMENT, OR ANY WARRANTY OR OTHER CLAIMS THAT ARISE UNDER THIS AGREEMENT OR OTHERWISE.
Parties mutually that this agreement has the same rights and protections as an agreement physically signed.