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--- Document: Service Agreement Document ---
MASS NOTIFICATION SERVICE AGREEMENT
DESCRIPTION
The Borough of Ogdensburg (“Borough”) has contracted with Intrado Interactive Services Corporation
d/b/a GroupCast (“GroupCast”) to provide Mass Notification Services (“Services”) to registered users via
voice message, e-mail, and text message. The Services are meant to provide geographically relevant
information such as road closures, utility updates, and other Borough-wide notifications (collectively
“Content” or “Communication”). These Services are not a substitute for, nor do they replace existing
emergency notification and communication systems, or public safety systems that independently provide
alerts, advisories, statements, warnings, forecasts, and emergency services.
Before you may access or use the Services, you must indicate your understanding and acceptance of the
following “Disclaimer,” “Limitation of Liability,” and “Release.” By registering for these Services, you
agree to be bound by these terms of agreement which govern your use. By using the Services, you
understand and agree that such use will constitute acceptance of these terms of agreement from that point
onwards. If you do not agree to the terms of this agreement, you may not use the Services. Standard cell
phone rates and charges will apply and are the sole responsibility of the user.
By checking the box “I agree” you expressly agree that you fully understand this agreement and agree to
be bound by same.
DISCLAIMER
THE SERVICES (INCLUDING ALL FEATURES THEREOF) AND THE CONTENT ARE PROVIDED
ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOROUGH, ITS
SERVICE
PROVIDERS
AND
BOROUGH
LICENSORS
EXPRESSLY
DISCLAIM
ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, OR INTEGRATION.
NEITHER THE BOROUGH NOR ITS SERVICE PROVIDERS NOR ITS LICENSORS MAKE ANY
REPRESENTATION, WARRANTY OR GUARANTEE (1) REGARDING THE RELIABILITY,
USEFULNESS, ADEQUACY, SUITABILITY, COMPLETENESS, TIMELINESS, OR VALIDITY OF
THE SERVICES OR THE CONTENT, NOR (2) THAT THE CONTENT IS FREE FROM ANY
VIRUSES,
ADWARE,
RANSOMWARE,
SPYWARE,
“TROJAN
HORSES,”
“WORMS,”
“EXPANDERS,” “DROPPERS” OR ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS
COMPUTER OR MOBILE PHONE VIRUS OR MALWARE (BY WHATEVER NAME IT IS CALLED),
OR ANY UNAUTHORIZED COMPUTER OR MOBILE PHONE SOFTWARE OR CODE WHICH IS
ATTACHED TO, OR MADE A PART OF, THE SERVICES OR THE CONTENT BY ANY PERSON,
GROUP OR ORGANIZATION. NEITHER THE BOROUGH, NOR ITS SERVICE PROVIDERS NOR
ITS LICENSORS ARE RESPONSIBLE FOR THE CONTENT OR ANY INFORMATION,
COMMUNICATION, OR MATERIAL DEVELOPED, POSTED, SENT, LINKED OR UPLOADED BY
AN UNAUTHORIZED THIRD PARTY.
DO NOT RELY ON THE SERVICES FOR ANY EMERGENCY COMMUNICATION TO LAW
ENFORCEMENT OR FIRST RESPONDERS. IN THE EVENT OF AN EMERGENCY, PLEASE DIAL
911. YOU ARE SOLEY RESPONSBLE FOR PROCURING EMERGENCY SERVICES AND THE
BOROUGH (AND ITS OFFICERS, EMPLOYEES, AGENTS, DEPARTMENTS, AGENCIES,
BOARDS, AND COMMISSIONS) ARE NOT RESPONSIBLE FOR, AND YOU EXPRESSLY,
IRREVOCABLY, AND UNCONDITIONALLY RELEASE THE BOROUGH (AND ITS OFFICERS,
EMPLOYEES, AGENTS, DEPARTMENTS, AGENCIES, BOARDS, AND COMMISSIONS) FROM,
ANY CLAIMS RELATED TO YOUR FAILURE TO INDEPENDENTLY OBTAIN OR USE SUCH
SERVICES.
LIMITATION OF LIABILITY
You acknowledge that the Borough has no control over the effects the Content or any Communication may
have on you; how you may interpret or use the Content or any Communication; or what actions you may
take as a result of having been exposed to the Content or any Communication. You understand that by using
the Services, you may be exposed to Content that might be inappropriate. Under no circumstances will the
Borough be liable in any way for any Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred as a result of the use of any Content posted or sent by
voice message, e-mail, text message or other transmission.
THE BOROUGH SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS,
INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF
THE SERVICES OR CONTENT. THE BOROUGH DISCLAIMS ALL RESPONSIBILITY FOR ANY
LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES), RESULTING
FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THE CONTENT,
INCLUDING, WITHOUT LIMITATION, (A) ANY THIRD PARTY WEB SITES, SERVICES, OR
CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SERVICES (INCLUDING,
BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE SERVICES); (B) THE
TERMINATION OF YOUR ACCESS TO THE SERVICES; (C) ANY ERRORS IN, OR OMISSIONS
FROM, THE CONTENT OR ANY COMMUNICATIONS (INCLUDING, BUT NOT LIMITED TO,
TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS); (D) THE COMPLETE OR
PARTIAL UNAVAILABILITY OF THE SERVICES OR THE CONTENT; (E) YOUR USE OF, OR
INABILITY TO USE, THE SERVICES; (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN
CONNECTION WITH THE SERVICES; (G) ANY VIRUSES, ADWARE, RANSOMWARE,
SPYWARE, “TROJAN HORSES,” “WORMS,” “EXPANDERS,” “DROPPERS” OR ANY OTHER
TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER OR MOBILE PHONE VIRUS OR
MALWARE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER OR
MOBILE PHONE SOFTWARE OR CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE
SERVICES OR THE CONTENT BY ANY PERSON, GROUP OR ORGANIZATION; (H) ANY
ACTIONS TAKEN OR OMISSIONS MADE BY YOU OR ANY THIRD PARTY AS A DIRECT OR
INDIRECT RESULT OF THE SERVICE OR (I) ANY DELAY IN TRANSMISSION OR FAILURE TO
TRANSMIT ANY COMMUNICATION, OR ANY DELAY IN YOUR RECEIPT OR YOUR FAILURE
TO RECEIVE ANY COMMUNICATION.
RELEASE
You hereby irrevocably and unconditionally release the Borough (and its officers, employees, agents,
departments, agencies, boards, and commissions) from any and all claims for damages (actual or
consequential), costs or expenses of any kind or nature whatsoever that you may have against the Borough
(and its officers, employees, agents, departments, agencies, boards, and commissions) arising out of or in
any way related to the Services, the Content, any law enforcement agencies or public safety officials, or
your failure to independently obtain emergency services. You hereby agree to waive all laws that may limit
the efficacy of such releases.