The Wildfire Alert database has been updated with location information on a new or existing fire, which is within the notification radius for the property location that you have entered into the Wildfire Alert system. The Wildfire Alert database receives location information from several sources: A national USGS database, which is queried every four hours by the Wildfire Alert system, other fire information sources that are queried from time to time, Input from local participating fire departments by way of the Wildfire Alert website or mobile apps, Input from members by way of the Wildfire Alert website or mobile apps.
Wildfire Alert is NOT an emergency notification system. The Wildfire Alert system only communicates fire location information provided by other sources, which do not identify all wildfires and the information provided can contain inaccuracies. Please contact your local emergency response agencies or the American Red Cross for details on local fires and what steps you need to be taking if you believe a fire is endangering your property.
The Wildfire Alert service measures the distance from the members identified property location to the latitude and longitude of the fire location as entered into the Wildfire Alert database. This information is used to identify fires within the property location notification radius that you have entered into the Wildfire Alert system. We are encouraging you to keep a close watch on the progress of these active fires as they can change direction and speed very quickly.
We are not responsible for damage or destruction to property, or injury or death to animals or people as the result of your actions or inaction in regard to the information that you may receive from the Wildfire Alert system regarding any fire in your area at any time.
We make no warranties or representations about the effectiveness of the data that we transmit, via our website or mobile apps. Please take all prudent and necessary measures to keep yourself fully informed and in communication with all emergency response agencies in your area in order to have as much advanced notice as possible in the event that you need to take any actions whatsoever.
The Wildfire Alert System only communicates information from the USGS database on wildfires in the United States of America.
Wildfire Alert is not responsible for the working condition of our hardware or software systems used to gather or deliver the data presented. While we will do our best to maintain our site continually, we cannot be responsible for outages, software problems, or hardware malfunctions that cause our data to become undeliverable or inaccurate. Our goal is to keep our systems functional 24 hours per day, although there may be times when, due to systems problems, equipment unavailability, or other causes either known or unknown to us or beyond our control, that Wildfire Alert may not be functional or may be malfunctioning.
IN THE CASE OF ANY UNCERTAINTY ABOUT THE PROXIMITY OF WILDFIRES FOR ANY REASON WHATSOEVER (INCLUDING MALFUNCTIONS IN OUR SYSTEMS), PLEASE CALL YOUR LOCAL EMERGENCY AGENCIES FOR ACCURATE INFORMATION, IMMEDIATELY. THERE MAY BE NO TIME FOR DELAY AS WILDFIRES ARE FAST MOVING AND COMPLETELY RANDOM IN THEIR MOVEMENTS.
V: 1.0.1
Effective as of March 13th, 2018
Wildfire Alert is NOT an emergency notification system. The Wildfire Alert system only communicates fire location information provided by other sources, which do not identify all wildfires and the information provided can contain inaccuracies.
Please contact your local emergency response agencies or the American Red Cross for details on local fires and what steps you need to be taking if you believe a fire is endangering your property.
Wildfire Alert is a communication system, which provides a conduit by which fire location information can be reported to its members.
The Wildfire Alert website and mobile application provides a feature that allows fire departments and members to report fire locations.
Wildfire Alert also accesses other resources such as website reports and news media to determine additional fire locations.
Government agencies make available databases that contain information both historical and current with regard to wildfires. This information is often hard to access and comprehend. The Wildfire Alert system downloads information on fires from databases on a regular basis, and along with other sources of fire data including input from local fire departments and mobile application users, populates the Wildfire Alert databases. The Wildfire Alert system provides tables, and maps in an effort to present the information contained in these Wildfire Alert databases in a manner that is in a more understandable format for its members. Wildfire Alert LLC. (“Wildfire”), is not responsible for the accuracy of the information that is entered into the Wildfire Alert databases. Wildfire , attempts to communicate to its members any updates to the information provided in these databases, in close proximity to the time that the information becomes available.
However, Wildfire ., is not responsible for the inability of the internet, any phone system, PC, or mobile application based technology to communicate that information accurately or in a timely manner. Therefore, Wildfire Alert LLC., does not make any warranties of any kind, either express or implied, with regards to the Service, including without limitation, warranties about the accuracy, completeness, or delivery of any information transmitted through the Wildfire Alert System. There is no guarantee that a notification will reach any particular member upon activation. By providing the Service, Wildfire , does not assume a duty of care.
The Wildfire Alert System only provides information from the USGS data base on wildfires and wildfires reported by our members and member fire departments in the United States of America.
Thank you for your interest in, and use of, our digital products and services (“Services”), and the content offered to you as the result of your membership in our informational website. Wildfire provides these Services to you subject to the terms contained in this Wildfire Alert Terms of Use ("Agreement"). This Agreement is a binding legal agreement between you and Wildfire. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.
If you agree to be bound by the terms of this Agreement, you should click the “I Agree” box indicating your agreement to the terms of this Agreement on the registration page for the Service. If you do not agree to be bound by the terms of this Agreement, you should not click the “I Agree” box, but you will not be able to proceed with the registration process for the respective Service and become a member. To the extent you have access to, or are using, a Service without having completed our registration process, you are hereby notified that your continued use of this Service is subject to the terms and conditions of this Agreement.
In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction and be at least 18 years of age ("Minimum Age"). The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have all the applicable rights and authority to grant Wildfire Alerts the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services.
Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other members (such as your email address or name). If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. Subject to Paragraph 6 below, if you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. Similarly, if you have provided an answer to a security question and if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through Customer Service. You agree to notify us promptly if you change your billing and delivery addresses and email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.
Wildfire Alerts Privacy Policy explains the data we collect, use, store, and process while you use and access our Services. By using our Services, you have read, understood, and agree to the terms of our privacy policy, and you agree that we may use such data in accordance with the terms of our privacy policy. If you have any questions regarding our privacy policy, please contact the company at the contact information listed below.
If you believe someone has accessed a Service using your user name and password without your authorization, please immediately notify us by calling Customer Service at the number listed in the “Contact Us” section of the website.
While using the Services, you agree that you will comply with all posted policies, including our Intellectual Property Policy, as we may update it from time to time. We may suspend or stop providing you with access to the Services if you fail to comply with our posted policies.
Some of the Services we offer may require additional terms and conditions. We will make those additional terms and conditions available to you with the relevant Services. If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.
We may modify this Agreement from time to time. If we make material changes to the Agreement, we will notify you by email or through a message posted on the Services. You agree that such modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services.
Subject to the terms and conditions of this Agreement and your payment of any required fees, Wildfire Alerts hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services, and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Services through the certified applications or intended methods that Wildfire Alerts make available to you. Any access or use of our Services through an application, service, or method provided by a party other than Wildfire is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by Wildfire in writing, is strictly prohibited and a violation of this Agreement. Wildfire may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.
Restrictions.. Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by Wildfire; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without Wildfire’s prior written consent; (h) provide your username and password used to access the Services to any third party; (i) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (j) circumvent any technological measures employed by or on behalf of Wildfire to protect the Services; (k) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of Wildfire or other users of the Services; or (i) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
The Services may be utilized on a worldwide basis. However, use of the Services outside of the United States may incur additional fees, taxes, or other charges. You are responsible for all carrier, text/SMS, data, or other related fees, taxes or other charges you incur from your carrier or service provider in connection with, or related to your use of the Services outside of the United States. Wildfire assumes no liability or responsibility for the payment of any charges, including but not limited to additional fees, taxes, or other charges you may incur due to your use of the Services outside the United States.
From time to time we may send you communications to the email address associated with your account. These communications may include account-related or transactional messages. You may not opt-out of receiving account-related or transactional communications. Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of each
respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of Wildfire,.
If you have provided us with your phone number, you hereby grant Wildfire the authorization to contact you at that number through one or more means, including but not limited to text messages (i.e., SMS messages) or other similar notifications, phone calls, videoconferencing, or other audio-visual communication methods now known or hereafter devised, for a purpose that may include providing you with special offers or facilitating a call regarding our services or your use thereof. If you would like to change your phone number communication preferences, please contact us at the email listed below. Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. Wildfire assumes no liability or responsibility for the payment of any charges you may incur.
The Services are intended for your own personal, nom-commercial use only. Use of the Services in a business establishment requires a special license for a separate service.
ANY BUSINESS USE OF THE SERVICES NOT SPECIFICALLY PERMITTED IN THIS SECTION IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE SERVICES.
There are many factors that influence our ability to provide certain content and services. We strive to provide you with the best possible information in a timely manner, and keeping our mission in mind when we select content to display and perform. However, in order to provide the Services, Wildfire must reserve the right to alter, change, modify, or terminate any services, content or application functionality at any time, with or without notice to you.
When you use the Services, we keep track of your activity. We do this for a variety of reasons, such as to gain an understanding of where our clients are, how often they access information about various geographic areas, and/or similar reasons. As this data is essential to the efficiency of the Services, you may not opt out of our collection and use of such data or information. By accessing or otherwise using any portion of the Services, you hereby consent to the foregoing collection and use of your activity for the purposes set forth above and also as outlined in our privacy policy.
Wildfire is not obligated to provide technical support under the terms of this Agreement, and provides no assurance that any specific errors or discrepancies in the Services will be corrected.
Wildfire may alter the availability of any feature of the Services, or impose new limitations on your use of the Services, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the Services. In order to provide the best quality Services to all of our users, we monitor the Services to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Services should we determine it is associated with fraudulent or abusive activities as it relates to the Services. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities.
When using the Services, we may permit you to store data, preferences set by you, content or other information for your convenience, but we are under no obligation to retain any such data, preferences, content or other information that you may have stored and will not be liable for the deletion of any such information.
You further agree to abide by exclusionary protocols (e.g., Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the
Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
You acknowledge that it is illegal in most states to falsely report a fire. You represent and warrant that you will not utilize the services to falsely report any fire or otherwise use the Services in violation of this Agreement, any state or federal statute, regulation or any municipal/local ordinance, rule or regulation. Any violation of this paragraph by you may result, in Wildfire’s sole discretion and without notice to you, the revocation of your ability to utilize the Services reporting feature or the immediate termination of your license to utilize the Services.
If you elect to access any paid component of the Services, such as becoming a subscriber, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services.
Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. Wildfire assumes no liability or responsibility for the payment of any charges you may incur.
As between you and Wildfire, you acknowledge that Wildfire retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. The Services may also contain third-party trademarks, service marks, graphics, and logos. The Services are owned and/or licensed by Wildfire and are protected by the laws of the United States. You agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, Wildfire does not grant any express or implied right to you under any Wildfire-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
By submitting any ideas, feedback and/or proposals to Wildfire regarding the Services ("Feedback"), you expressly acknowledge and agree that: (a) Wildfire is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) Wildfire may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant Wildfire a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sub-licensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release Wildfire from any and all liability and claims that may result from or are related to the rights to the Feedback.
You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against Wildfire for its use or exploitation of the Feedback as licensed herein, as well as any claims under "moral rights" or similar theories. You agree that Wildfire enabling you to provide us with the Feedback is adequate and sufficient consideration for our use of the Feedback, you will not receive any additional consideration or compensation for Wildfire's exploitation of the Feedback, and Wildfire has no obligation to use any of the Feedback.
Other than as provided in this Agreement, you will retain ownership of all rights in the Feedback.
The Feedback, and its provision by you thereof, will at all times be subject to our Intellectual Property Policy.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS, MEMBER BENEFITS THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS.
THE SERVICES MEASURE THE DISTANCE FROM YOUR IDENTIFIED PROPERTY LOCATION TO THE LATITUDE AND LONGITUDE OF THE FIRE LOCATION AS ENTERED INTO THE WILDFIRE ALERT DATABASE. THIS INFORMATION IS USED TO IDENTIFY FIRES WITHIN THE PROPERTY LOCATION NOTIFICATION RADIUS THAT YOU HAVE ENTERED INTO THE WILDFIRE ALERT SYSTEM. YOU AGREE YOU ARE RESPONIBLE FOR MONITORING THE PROGRESS OF ANY FIRES AS THEY CAN CHANGE DIRECTION AND SPEED VERY QUICKLY.
WILD FIRE IS NOT RESPONSIBLE FOR DAMAGE OR DESTRUCTION TO PROPERTY, OR INJURY OR DEATH TO ANIMALS OR PEOPLE AS THE RESULT OF YOUR ACTIONS OR INACTION IN REGARD TO THE INFORMATION THAT YOU MAY RECEIVE FROM THE SERVICES REGARDING ANY FIRE IN YOUR AREA AT ANY TIME.
WILD FIRE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE EFFECTIVENESS OF THE DATA THAT WILDFIRE TRANSMITS VIA THE SERVICES. PLEASE TAKE ALL PRUDENT AND NECESSARY MEASURES TO KEEP YOURSELF FULLY INFORMED AND IN COMMUNICATION WITH ALL EMERGENCY RESPONSE AGENCIES IN YOUR AREA IN ORDER TO HAVE AS MUCH ADVANCED NOTICE AS POSSIBLE IN THE EVENT THAT YOU NEED TO TAKE ANY ACTIONS WHATSOEVER
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU.
THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS" AND "AS AVAILABLE". ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILDFIRE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WILDFIRE MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND WILDFIRE DISCLAIMS ANY LIABILITY RELATING THERETO. WILDFIRE MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
WILDFIRE'S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL WILDFIRE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF WILDFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
You agree to defend (at our option), hold harmless, and indemnify us from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or
violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.
Subject to the terms of this section, this Agreement will remain in effect for as long as you use the Services. You may cancel your account and terminate this Agreement at any time and for any reason by following the instructions contained herein. We may terminate this Agreement and your access to the Services at any time and for any reason by providing notice to the email address you provided us. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Services, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to Wildfire. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination.
We may post notices to you within the Services. We may also send you notices about products and services to the email address you provided us. You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You are responsible for keeping your account information, including your email address, up to date. Wildfire assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services. Except as otherwise provided for herein, any notices required to be delivered to Wildfire under this Agreement may be delivered via first class registered U.S. mail, overnight courier, or personal service to Wildfire Alert, LLC, 1153 Bergen Parkway, STE # 130, Evergreen Co. 80439
Assignment.Wildfire may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.
Except with respect to platform providers through which you download or use applications certified by Wildfire, nothing in this Agreement, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Colorado, excluding its choice-of-law principles.
The terms of this section 23 will apply to all disputes that may arise out of, are connected with, or relate to this Agreement or the Services, subject only to the following exceptions:
if Wildfire reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction;
or any dispute may, at the option of the claiming party, be resolved in small claims court in Denver County, Colorado, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the Informal Resolution procedure required in section 23(c) below. Furthermore, in no event will the terms of this section limit Wildfire's ability to investigate complaints or reported violations of this Agreement, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding:
We may cancel your membership at any time upon notice to you, or immediately without notice if the termination is due to a violation of Paragraph 13 of this Agreement (please read the cancellation provisions contained within this Agreement). You may cancel your membership by contacting Customer Service at the number listed in the “Contact Us” section of the website. Please note that only certain cancellation methods are permitted.
In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.
This Agreement constitutes the complete an d exclusive agreement between you and Wildfire with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
If you have any questions regarding this Agreement, you may contact Wildfire at the contact information contained above.
This privacy policy discloses the privacy practices for WildfireAlert.com. This privacy policy applies solely to information collected by this web site. The Member Agreement and Terms of Use are hereby incorporated by reference. Any capitalized terms not defined herein shall have the same meaning ascribed to them in the Member Agreement and Terms of Use.
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to provide the Services to you and respond to you in the event you contact us. We will not share your information with any third party outside of our organization, other than as necessary to fulfil the Services to you or to respond to your request.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
We protect your personal information and will only provide it to third parties: (1) in conjunction with providing the Services to you; (2) with your consent; (3) where it is necessary to carry out your instructions; (4) as reasonably necessary in order to provide our features and functionality to you; (5) when we reasonably believe it is required by law, subpoena or other legal process; or (6) as necessary to enforce our User Agreement or protect the rights, property, or safety of Wildfire, our Members and Visitors, and the public.
We have implemented appropriate security safeguards designed to protect your information in accordance with industry standards.
We take commercially reasonable precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Your credit card information is transmitted to our credit card processor, PayPal, over a secure protocol, using a certificate provided by PayPal.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Our Privacy Policy may change from time to time and all updates will be posted on this page. Please review the changes carefully. If you agree to the changes, simply continue to use our Services. If you object to any of the changes to our terms and you no longer wish to use our Services, you may close your account(s). Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Using our Services after a notice of changes has been communicated to you or published on our Services shall constitute consent to the changed terms or practices.
In order to use the Services, you must be a resident of an Authorized Jurisdiction and be at least 18 years of age ("Minimum Age"). The Services are not intended for users under the Minimum Age. We do not collect any information from individuals under the age of 18.
The Wildfire Alert database has been updated with location information on a new or existing fire, which is within the notification radius for the property location that you have entered into the Wildfire Alert system. The Wildfire Alert database receives location information from several sources: A national USGS database, which is queried every four hours by the Wildfire Alert system, other fire information sources that are queried from time to time, Input from local participating fire departments by way of the Wildfire Alert website or mobile apps, Input from members by way of the Wildfire Alert website or mobile apps.
Wildfire Alert is NOT an emergency notification system. The Wildfire Alert system only communicates fire location information provided by other sources, which do not identify all wildfires and the information provided can contain inaccuracies. Please contact your local emergency response agencies or the American Red Cross for details on local fires and what steps you need to be taking if you believe a fire is endangering your property.
The Wildfire Alert service measures the distance from the members identified property location to the latitude and longitude of the fire location as entered into the Wildfire Alert database. This information is used to identify fires within the property location notification radius that you have entered into the Wildfire Alert system. We are encouraging you to keep a close watch on the progress of these active fires as they can change direction and speed very quickly.
We are not responsible for damage or destruction to property, or injury or death to animals or people as the result of your actions or inaction in regard to the information that you may receive from the Wildfire Alert system regarding any fire in your area at any time.
We make no warranties or representations about the effectiveness of the data that we transmit, via our website or mobile apps. Please take all prudent and necessary measures to keep yourself fully informed and in communication with all emergency response agencies in your area in order to have as much advanced notice as possible in the event that you need to take any actions whatsoever.
The Wildfire Alert System only communicates information from the USGS database on wildfires in the United States of America.
Wildfire Alert is not responsible for the working condition of our hardware or software systems used to gather or deliver the data presented. While we will do our best to maintain our site continually, we cannot be responsible for outages, software problems, or hardware malfunctions that cause our data to become undeliverable or inaccurate. Our goal is to keep our systems functional 24 hours per day, although there may be times when, due to systems problems, equipment unavailability, or other causes either known or unknown to us or beyond our control, that Wildfire Alert may not be functional or may be malfunctioning. The Wildfire Alert System only communicates information from the USGS database on wildfires in the United States of America.
IN THE CASE OF ANY UNCERTAINTY ABOUT THE PROXIMITY OF WILDFIRES FOR ANY REASON WHATSOEVER (INCLUDING MALFUNCTIONS IN OUR SYSTEMS), PLEASE CALL YOUR LOCAL EMERGENCY AGENCIES FOR ACCURATE INFORMATION, IMMEDIATELY. THERE MAY BE NO TIME FOR DELAY AS WILDFIRES ARE FAST MOVING AND COMPLETELY RANDOM IN THEIR MOVEMENTS.
Effective as of March 13th, 2018
Wildfire Alert is NOT an emergency notification system. The Wildfire Alert system only communicates fire location information provided by other sources, which do not identify all wildfires and the information provided can contain inaccuracies.
Please contact your local emergency response agencies or the American Red Cross for details on local fires and what steps you need to be taking if you believe a fire is endangering your property.
Wildfire Alert is a communication system, which provides a conduit by which fire location information can be reported to its members.
The Wildfire Alert website and mobile application provides a feature that allows fire departments and members to report fire locations.
Wildfire Alert also accesses other resources such as website reports and news media to determine additional fire locations.
Government agencies make available databases that contain information both historical and current with regard to wildfires. This information is often hard to access and comprehend. The Wildfire Alert system downloads information on fires from databases on a regular basis, and along with other sources of fire data including input from local fire departments and mobile application users, populates the Wildfire Alert databases. The Wildfire Alert system provides tables, and maps in an effort to present the information contained in these Wildfire Alert databases in a manner that is in a more understandable format for its members. Wildfire Alert LLC. (“Wildfire”), is not responsible for the accuracy of the information that is entered into the Wildfire Alert databases. Wildfire , attempts to communicate to its members any updates to the information provided in these databases, in close proximity to the time that the information becomes available.
However, Wildfire ., is not responsible for the inability of the internet, any phone system, PC, or mobile application based technology to communicate that information accurately or in a timely manner. Therefore, Wildfire Alert LLC., does not make any warranties of any kind, either express or implied, with regards to the Service, including without limitation, warranties about the accuracy, completeness, or delivery of any information transmitted through the Wildfire Alert System. There is no guarantee that a notification will reach any particular member upon activation. By providing the Service, Wildfire , does not assume a duty of care.
The Wildfire Alert System only provides information from the USGS data base on wildfires and wildfires reported by our members and member fire departments in the United States of America.
Thank you for your interest in, and use of, our digital products and services (“Services”), and the content offered to you as the result of your membership in our informational website. Wildfire provides these Services to you subject to the terms contained in this Wildfire Alert Terms of Use ("Agreement"). This Agreement is a binding legal agreement between you and Wildfire. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.
If you agree to be bound by the terms of this Agreement, you should click the “I Agree” box indicating your agreement to the terms of this Agreement on the registration page for the Service. If you do not agree to be bound by the terms of this Agreement, you should not click the “I Agree” box, but you will not be able to proceed with the registration process for the respective Service and become a member. To the extent you have access to, or are using, a Service without having completed our registration process, you are hereby notified that your continued use of this Service is subject to the terms and conditions of this Agreement.
In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction and be at least 18 years of age ("Minimum Age"). The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have all the applicable rights and authority to grant Wildfire Alerts the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services.
Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other members (such as your email address or name). If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. Subject to Paragraph 6 below, if you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. Similarly, if you have provided an answer to a security question and if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through Customer Service. You agree to notify us promptly if you change your billing and delivery addresses and email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.
Wildfire Alerts Privacy Policy explains the data we collect, use, store, and process while you use and access our Services. By using our Services, you have read, understood, and agree to the terms of our privacy policy, and you agree that we may use such data in accordance with the terms of our privacy policy. If you have any questions regarding our privacy policy, please contact the company at the contact information listed below.
If you believe someone has accessed a Service using your user name and password without your authorization, please immediately notify us by calling Customer Service at the number listed in the “Contact Us” section of the website.
While using the Services, you agree that you will comply with all posted policies, including our Intellectual Property Policy, as we may update it from time to time. We may suspend or stop providing you with access to the Services if you fail to comply with our posted policies.
Some of the Services we offer may require additional terms and conditions. We will make those additional terms and conditions available to you with the relevant Services. If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.
We may modify this Agreement from time to time. If we make material changes to the Agreement, we will notify you by email or through a message posted on the Services. You agree that such modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services.
Subject to the terms and conditions of this Agreement and your payment of any required fees, Wildfire Alerts hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services, and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Services through the certified applications or intended methods that Wildfire Alerts make available to you. Any access or use of our Services through an application, service, or method provided by a party other than Wildfire is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by Wildfire in writing, is strictly prohibited and a violation of this Agreement. Wildfire may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.
Restrictions.. Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by Wildfire; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without Wildfire’s prior written consent; (h) provide your username and password used to access the Services to any third party; (i) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (j) circumvent any technological measures employed by or on behalf of Wildfire to protect the Services; (k) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of Wildfire or other users of the Services; or (i) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
The Services may be utilized on a worldwide basis. However, use of the Services outside of the United States may incur additional fees, taxes, or other charges. You are responsible for all carrier, text/SMS, data, or other related fees, taxes or other charges you incur from your carrier or service provider in connection with, or related to your use of the Services outside of the United States. Wildfire assumes no liability or responsibility for the payment of any charges, including but not limited to additional fees, taxes, or other charges you may incur due to your use of the Services outside the United States.
From time to time we may send you communications to the email address associated with your account. These communications may include account-related or transactional messages. You may not opt-out of receiving account-related or transactional communications. Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of each
respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of Wildfire,.
If you have provided us with your phone number, you hereby grant Wildfire the authorization to contact you at that number through one or more means, including but not limited to text messages (i.e., SMS messages) or other similar notifications, phone calls, videoconferencing, or other audio-visual communication methods now known or hereafter devised, for a purpose that may include providing you with special offers or facilitating a call regarding our services or your use thereof. If you would like to change your phone number communication preferences, please contact us at the email listed below. Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. Wildfire assumes no liability or responsibility for the payment of any charges you may incur.
The Services are intended for your own personal, nom-commercial use only. Use of the Services in a business establishment requires a special license for a separate service.
ANY BUSINESS USE OF THE SERVICES NOT SPECIFICALLY PERMITTED IN THIS SECTION IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE SERVICES.
There are many factors that influence our ability to provide certain content and services. We strive to provide you with the best possible information in a timely manner, and keeping our mission in mind when we select content to display and perform. However, in order to provide the Services, Wildfire must reserve the right to alter, change, modify, or terminate any services, content or application functionality at any time, with or without notice to you.
When you use the Services, we keep track of your activity. We do this for a variety of reasons, such as to gain an understanding of where our clients are, how often they access information about various geographic areas, and/or similar reasons. As this data is essential to the efficiency of the Services, you may not opt out of our collection and use of such data or information. By accessing or otherwise using any portion of the Services, you hereby consent to the foregoing collection and use of your activity for the purposes set forth above and also as outlined in our privacy policy.
Wildfire is not obligated to provide technical support under the terms of this Agreement, and provides no assurance that any specific errors or discrepancies in the Services will be corrected.
Wildfire may alter the availability of any feature of the Services, or impose new limitations on your use of the Services, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the Services. In order to provide the best quality Services to all of our users, we monitor the Services to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Services should we determine it is associated with fraudulent or abusive activities as it relates to the Services. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities.
When using the Services, we may permit you to store data, preferences set by you, content or other information for your convenience, but we are under no obligation to retain any such data, preferences, content or other information that you may have stored and will not be liable for the deletion of any such information.
You further agree to abide by exclusionary protocols (e.g., Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the
Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
You acknowledge that it is illegal in most states to falsely report a fire. You represent and warrant that you will not utilize the services to falsely report any fire or otherwise use the Services in violation of this Agreement, any state or federal statute, regulation or any municipal/local ordinance, rule or regulation. Any violation of this paragraph by you may result, in Wildfire’s sole discretion and without notice to you, the revocation of your ability to utilize the Services reporting feature or the immediate termination of your license to utilize the Services.
If you elect to access any paid component of the Services, such as becoming a subscriber, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services.
Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. Wildfire assumes no liability or responsibility for the payment of any charges you may incur.
As between you and Wildfire, you acknowledge that Wildfire retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. The Services may also contain third-party trademarks, service marks, graphics, and logos. The Services are owned and/or licensed by Wildfire and are protected by the laws of the United States. You agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, Wildfire does not grant any express or implied right to you under any Wildfire-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
By submitting any ideas, feedback and/or proposals to Wildfire regarding the Services ("Feedback"), you expressly acknowledge and agree that: (a) Wildfire is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) Wildfire may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant Wildfire a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sub-licensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release Wildfire from any and all liability and claims that may result from or are related to the rights to the Feedback.
You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against Wildfire for its use or exploitation of the Feedback as licensed herein, as well as any claims under "moral rights" or similar theories. You agree that Wildfire enabling you to provide us with the Feedback is adequate and sufficient consideration for our use of the Feedback, you will not receive any additional consideration or compensation for Wildfire's exploitation of the Feedback, and Wildfire has no obligation to use any of the Feedback.
Other than as provided in this Agreement, you will retain ownership of all rights in the Feedback.
The Feedback, and its provision by you thereof, will at all times be subject to our Intellectual Property Policy.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS, MEMBER BENEFITS THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS.
THE SERVICES MEASURE THE DISTANCE FROM YOUR IDENTIFIED PROPERTY LOCATION TO THE LATITUDE AND LONGITUDE OF THE FIRE LOCATION AS ENTERED INTO THE WILDFIRE ALERT DATABASE. THIS INFORMATION IS USED TO IDENTIFY FIRES WITHIN THE PROPERTY LOCATION NOTIFICATION RADIUS THAT YOU HAVE ENTERED INTO THE WILDFIRE ALERT SYSTEM. YOU AGREE YOU ARE RESPONIBLE FOR MONITORING THE PROGRESS OF ANY FIRES AS THEY CAN CHANGE DIRECTION AND SPEED VERY QUICKLY.
WILD FIRE IS NOT RESPONSIBLE FOR DAMAGE OR DESTRUCTION TO PROPERTY, OR INJURY OR DEATH TO ANIMALS OR PEOPLE AS THE RESULT OF YOUR ACTIONS OR INACTION IN REGARD TO THE INFORMATION THAT YOU MAY RECEIVE FROM THE SERVICES REGARDING ANY FIRE IN YOUR AREA AT ANY TIME.
WILD FIRE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE EFFECTIVENESS OF THE DATA THAT WILDFIRE TRANSMITS VIA THE SERVICES. PLEASE TAKE ALL PRUDENT AND NECESSARY MEASURES TO KEEP YOURSELF FULLY INFORMED AND IN COMMUNICATION WITH ALL EMERGENCY RESPONSE AGENCIES IN YOUR AREA IN ORDER TO HAVE AS MUCH ADVANCED NOTICE AS POSSIBLE IN THE EVENT THAT YOU NEED TO TAKE ANY ACTIONS WHATSOEVER
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU.
THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS" AND "AS AVAILABLE". ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILDFIRE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WILDFIRE MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND WILDFIRE DISCLAIMS ANY LIABILITY RELATING THERETO. WILDFIRE MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
WILDFIRE'S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL WILDFIRE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF WILDFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
You agree to defend (at our option), hold harmless, and indemnify us from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or
violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.
Subject to the terms of this section, this Agreement will remain in effect for as long as you use the Services. You may cancel your account and terminate this Agreement at any time and for any reason by following the instructions contained herein. We may terminate this Agreement and your access to the Services at any time and for any reason by providing notice to the email address you provided us. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Services, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to Wildfire. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination.
We may post notices to you within the Services. We may also send you notices about products and services to the email address you provided us. You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You are responsible for keeping your account information, including your email address, up to date. Wildfire assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services. Except as otherwise provided for herein, any notices required to be delivered to Wildfire under this Agreement may be delivered via first class registered U.S. mail, overnight courier, or personal service to Wildfire Alert, LLC, 1153 Bergen Parkway, STE # 130, Evergreen Co. 80439
Assignment.Wildfire may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.
Except with respect to platform providers through which you download or use applications certified by Wildfire, nothing in this Agreement, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Colorado, excluding its choice-of-law principles.
The terms of this section 23 will apply to all disputes that may arise out of, are connected with, or relate to this Agreement or the Services, subject only to the following exceptions:
if Wildfire reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction;
or any dispute may, at the option of the claiming party, be resolved in small claims court in Denver County, Colorado, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the Informal Resolution procedure required in section 23(c) below. Furthermore, in no event will the terms of this section limit Wildfire's ability to investigate complaints or reported violations of this Agreement, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding:
We may cancel your membership at any time upon notice to you, or immediately without notice if the termination is due to a violation of Paragraph 13 of this Agreement (please read the cancellation provisions contained within this Agreement). You may cancel your membership by contacting Customer Service at the number listed in the “Contact Us” section of the website. Please note that only certain cancellation methods are permitted.
In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.
This Agreement constitutes the complete an d exclusive agreement between you and Wildfire with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
If you have any questions regarding this Agreement, you may contact Wildfire at the contact information contained above.
This privacy policy discloses the privacy practices for WildfireAlert.com. This privacy policy applies solely to information collected by this web site.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
We protect your personal information and will only provide it to third parties: (1) with your consent; (2) where it is necessary to carry out your instructions; (3) as reasonably necessary in order to provide our features and functionality to you; (4) when we reasonably believe it is required by law, subpoena or other legal process; or (5) as necessary to enforce our User Agreement or protect the rights, property, or safety of LinkedIn, our Members and Visitors, and the public.
We have implemented appropriate security safeguards designed to protect your information in accordance with industry standards.
Your Access to and Control Over Information:
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Your credit card information is transmitted to our credit card processor, PayPal, over a secure protocol, using a certificate provided by PayPal.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page. Please review the changes carefully. If you agree to the changes, simply continue to use our Services. If you object to any of the changes to our terms and you no longer wish to use our Services, you may close your account(s). Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Using our Services after a notice of changes has been communicated to you or published on our Services shall constitute consent to the changed terms or practices.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 888-344-7422 or via email at mail@wildfirealert.com.
IN CASE OF EMERGENCY DIAL 911
