Terms of Use

Revised as of February 10, 2015


EVERBRIDGE TERMS OF USE


Your organization ("Organization"), has subscribed to the Everbridge Mass Notification service (the, "Service"). These Terms of Use ("TOU") govern the registration and management of contact information by you.

The Service is owned by Everbridge, Inc. ("Everbridge" or "we" or "our" or "us"). Everbridge provides you with the ability to register or manage your contact information on the Organization's notification website (the "Website"), subject to your compliance with this TOU. Everbridge reserves the right to change this TOU from time to time. If we make a change to this TOU that we determine is material to the Service or this TOU we will notify you by posting a notice on our Client Portal to which your Organization is a member and by displaying a prominent announcement above the text of this TOU. As a reference, immediately following this TOU is the effective date of the TOU.


IMPORTANT NOTICES


- THE SERVICE IS NOT INTENDED FOR ANYONE UNDER THE AGE OF 18. IF YOU ARE NOT 18 OR OLDER, DO NOT REGISTER YOUR CONTACT INFORMATION OR OTHERWISE ATTEMPT TO USE THE SERVICE.


- IF YOU ARE 18 YEARS OF AGE OR OLDER BUT YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS TOU, DO NOT REGISTER YOUR CONTACT INFORMATION.


- THE SERVICE IS NOT A REPLACEMENT FOR YOUR ORGANIZATION'S DIRECT COMMUNICATION WITH FIRST RESPONDERS SUCH AS, FOR EXAMPLE PURPOSES ONLY, 911, FIRE, POLICE, EMERGENCY MEDICAL, AND PUBLIC HEALTH. YOU SHOULD NOT WAIT FOR OR RELY EXCLUSIVELY ON THE SYSTEM FOR EMERGENCY NOTIFICATIONS OR OTHER IMPORTANT NOTICES. IF YOU THINK YOU ARE IN DANGER YOU SHOULD TAKE APPROPRIATE ACTION. IF YOU RECEIVE AN EMERGENCY NOTIFICATION OR OTHER NOTICE FROM YOUR ORGANIZATION'S OFFICIALS (INCLUDING LAW ENFORCEMENT AND EMERGENCY PERSONNEL), YOU SHOULD FOLLOW THEIR INSTRUCTIONS.


- YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS TOU BECOMES EFFECTIVE IMMEDIATELY UPON REGISTRATION OF YOUR CONTACT DATA.


1. THE EVERBRIDGE SERVICE. The Service will entitle specific officials from the Organization to broadcast notifications to you via an automated communication system. Standard charges by your telecommunications carrier may apply.


2. REGISTRATION REQUIREMENTS AND OBLIGATIONS. In order to receive notifications, you must register (and/or update when necessary), your contact information ("Contact Data") on the Registration Page of the Website and keep the information up to date.

In order to register or manage your Contact Data, you will be asked to provide certain information (collectively, "Account Information"). Your Account Information is treated in accordance with our Privacy Policy. As a company, we are committed to providing our customers, partners and users with a secure environment utilizing state of the art technologies to safeguard your information. For more information please see the Privacy and Security Compliance portion of our website located at http://www.everbridge.com/our-company/about-us/privacy-security-compliance/#sthash.mC5GiJUZ.dpuf In addition, Everbridge will comply with all applicable laws and regulations governing personal data.

In consideration for the ability to register your Contact Data on the Website, you agree to the following:

a. You are solely responsible for ensuring the accuracy and completeness of your Contact Data, and you agree to update the Contact Data as required to keep it up to date;

b. You will not "Spoof" or otherwise impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete, or alter any part of sender identification information in any e-mail or other transmission;

c. You will not register Contact Data for anyone other than yourself;

d. You will keep your Account Information confidential and secure, and you are responsible for all use or misuse of your Account Information, whether or not the use has been authorized by you;

e. You will promptly notify the Organization of any unauthorized use of any Account Information or any other breach of security pertaining to your Contact Data;

f. Everbridge does not pre-screen communications sent by the Organization and is not responsible for screening or monitoring any message, and has no liability for any of the foregoing or for the content or accuracy of any messages from the Organization.


3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Everbridge does not assume any liability, responsibility or risk for your use of the Website or the Service. The Website (including the registration pages), and the Service are provided "AS IS", and you agree to assume all of the risks in using the Website and Service.

EVERBRIDGE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND THE WEBSITE. YOU UNDERSTAND THAT EVERBRIDGE HAS NO CONTROL OVER (A) THE CONDUCT OF THE ORGANIZATION OR THE ACCURACY OF THEIR MESSAGES, (B) THE THIRD PARTY NETWORKS THAT YOU ACCESS IN ORDER TO USE THE WEBSITE, (C) THE ACCURACY OR TIMELINESS OF ANY INFORMATION IN ANY MESSAGES TO YOU FROM THE ORGANIZATION, OR (D) ANY OF YOUR CONTACT DATA, AND YOU ALSO UNDERSTAND THAT INTERRUPTIONS OF OR OTHER PROBLEMS WITH THE WEBSITE OR THE SERVICE MAY OCCUR DUE TO EVENTS AND ACTIVITIES BEYOND OUR CONTROL.

YOU FURTHER AGREE THAT EVERBRIDGE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU, UNDER ANY CIRCUMSTANCES, FOR ANY LIABILITY OR DAMAGES OF ANY KIND OR NATURE RELATING TO THE WEBSITE, THE SERVICE, OR ANY ORGANIZATION'S MESSAGES OR CONDUCT, OR FAILURE TO RECEIVE AN ORGANIZATION'S MESSAGES. ANY LIABILITY OF EVERBRIDGE SHALL ONLY BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE WRITTEN AGREEMENT BETWEEN EVERBRIDGE AND YOUR ORGANIZATION.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, THE SERVICE OR THE USE OF THE SERVICE TO CONTACT YOU OR ITS FAILURE TO CONTACT YOU OR TO PROVIDE TIMELY OR ACCURATE INFORMATION, OR ANY BREACH OF THIS TOU BY US, IS TO DELETE YOUR CONTACT DATA FROM THE WEBSITE AND CEASE USING THE WEBSITE AND THE SERVICE.

YOU HEREBY RELEASE EVERBRIDGE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS OF ANY KIND OR NATURE UNDER ANY THEORY OF LIABIITY.


4. GOVERNING LAW. The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to this TOU, the Website or the Service. All claims arising out of or relating to this TOU, the Website or the Service will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA, and you irrevocably submit to personal jurisdiction in those courts.


5. GENERAL PROVISIONS. Except as otherwise provided under federal or state law:
This TOU constitutes the complete agreement between Everbridge and you concerning its subject matter, and supersedes and governs all prior representations, proposals, agreements, or other communications between us, if any. Please note that your Organization’s written agreement with Everbridge will also govern the confidentiality and security of your Account Information. In the event that any provision of the TOU is held to be unenforceable or invalid under any applicable law or court decision, such unenforceability or invalidity will not render the TOU unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.


YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS TOU AND YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, AND REGISTRATION OF YOUR CONTACT DATA CONSTITUTES ACCEPTANCE OF THIS TOU.


Effective Date: February 10, 2015