THE NOTIFY NETWORK
Terms of Service

Thank you for using The Notify Network!

These Terms of Service (the “Terms”) govern your access to and use of The Notify Network (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.

By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with The Notify Network and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services, including the availability of any feature or content, account access, or any promotion offered by The Notify Network, at any time without prior notice to you. We may also remove any content from our Services, impose limits on the Services and/or terminate or restrict your access to parts or all of the Services at our discretion, without notice or liability.

KEY POINTS

The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by The Notify Network.

Customer information prevails: The information provided by the Service is not intended to replace the information provided by customers, such as location of accident, date of accident, and who else may have been involved, etc.

Non-continuous updates: The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. The Notify Network does not provide any warranties to such information’s credibility or reliability.

Advertisements: Third party advertisements may appear on the Service from time to time. The Notify Network does not endorse these advertisements.

Your age: The Service is intended for use by users who are of the legal age required to be employed. In any case, to use our Service you must be 16 years of age or older. If you are under 16, you may not download or use the Service. Accounts of users and their information under the age of 16 years will be cancelled and deleted by The Notify Network, upon receiving notice.

Privacy: Your privacy is important to us. While using the Service, personal information may be provided by You or collected by The Notify Network as detailed in our Privacy Policy. The Privacy Policy explains our practices pertaining to the use of your personal information and we ask that you read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by The Notify Network, subject to this section, the Privacy Policy and any applicable laws and regulation.

WHAT IS THE SERVICE

The Service allows members of an approved network of organizations to find shared vehicle accident files using geo-location. Accident locations are posted and joined on an interactive map using Notify Accident Pins. Then users upload their email address and partial claim number to be saved with corresponding Notify Accident Pin. Uploaded information will only be visible to other approved organizations that have requested to join that particular Notify Accident Pin.

To get approved an organization must service, investigate or resolve vehicle accidents. Examples include but are not limited to police, fire departments, emergency medical services, insurance brokerages, insurance companies, independent adjusting firms, autobody repair shops, towing operators and car rental companies. Anyone within an approved organization can start and join any accident inside The Notify Network in order to connect with other third parties involved via email. The Service is provided mainly through a web application. And all communication is facilitated through email outside of The Notify Network.

Using the Service

You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of The Notify Network. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

You may not copy, print, save or otherwise use data from the Site or the Service’s database without prior written consent of The Notify Network. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of The Notify Network.

The Software may not be used in any way that is not expressly permitted by these Terms.

Posting or Joining an Accident

The Notify Network will provide you with certain information to allow you access and use the Services, such as one or more uniquely generated web links (the “Access Information”). You may not permit anyone other than you or your authorized representatives (including “Users” — meaning someone creating an account or using your account in relation to the Services that has been invited to do so by you, whether as your customer or on your behalf) to obtain access to the Services using the Access Information. Be aware that you are solely responsible for imposing any desired limitations respecting your entrusted Users, enforcing User compliance with this Agreement, removing access to the Services from Users where desired (such as in the case of employee or contractor termination), and instructing Users respecting the usage of the Services, and you shall be vicariously liable for any breach by Users of these Terms.

Paying Us

Provision of the Services to you is conditional upon your payment to The Notify Network of all relevant fees, and your continued compliance with these Terms. Of course, some Services, such as The Notify Network’s free web application, do not have a fee attached to it – but where The Notify Network’s standard price list sets out a fee, you must pay it to use the Services. Pricing for the various Services types is as described in The Notify Network’s standard price list – for example, the Services you are using may be billed on a monthly, annual or per-use basis – and billing is based on the accounts created by you.

If you are paying by credit card, you authorize The Notify Network or its third party payment processor to automatically charge your credit card for any and all fees incurred by you for Services. If your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection. The foregoing shall not limit The Notify Network’s ability to exercise any rights available to it in law or equity respecting the collection of any amounts payable hereunder, and you shall also be responsible for paying for all reasonable fees and costs incurred by The Notify Network, including legal fees, in collecting any overdue amounts or enforcing any provision of these Terms. You are also responsible for paying all taxes applicable to your purchase of the Services.

USE RESTRICTIONS

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at The Notify Network’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person:

(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;

(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without The Notify Network’s prior written consent;

(iii) create a browser or border environment around the Content (e.g. no frames or inline linking);

(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;

(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;

(vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;

(ix) frame or mirror any part of the Service and/or Site without The Notify Network’s prior express written authorization;

(x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;

(xi) forward any data generated from the Service and/or Site without the prior written consent of The Notify Network;

(xii) transfer or assign your Service accounts’ password, even temporarily, to a third party;

(xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose;

(xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without The Notify Network’s express prior written consent;

(xv) infringe or violate any of these Terms.

YOUR STUFF AND YOUR PRIVACY

By using our Services you provide us with information to The Notify Network (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below. By the same token, you’re also responsible for your stuff – you need to ensure that you have the right to provide us with it and to allow us to use your stuff to provide you with the Services and in accordance with these Terms.

By using our Services, you agree to take all liability for any claims relating to your stuff, and indemnify, defend and hold us harmless against those claims. We may need your permission to do things you ask us to do with your stuff, for example, hosting your information, or sharing them at your direction. This includes product features visible to you, for example, accident location, email address, or partial identification number. You agree that, by requesting those services, you’re giving us permission to use your stuff to the extent needed to do the things that you request. We may also need to make design choices to technically administer our Services, for example, how we redundantly backup data to keep it safe, and some of those design choices may require us to move, share or technically manipulate your stuff; however, the integrity and the privacy of your stuff will continue to be respected. You give us the permissions we need to do those technical things solely to provide the Services.

This permission also extends to trusted third parties we work with to provide the Services, for example Google Cloud Services, which provides our storage space (again, only to provide the Services). To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won't share your content with others for any purpose unless you direct us to. We comply with all applicable privacy laws respecting our processing and storage of any personal information that may be used in conjunction with the Services, and we deal with your data under these general principles:

Lawfulness, Fairness, and Transparency: We may not reveal the granular details of how we protect your data, because that would compromise its security — but we will let you know why we need it, what we need it for, and process it securely and in accordance with applicable laws. If you have any questions respecting your data and how it's being used, you need only ask us, and we will answer.

Limitations of Purpose: We will limit use of your data to the extent necessary to provide you with the Services, with the clear exceptions that are set out in our Privacy Policy.

Minimization of Data: We only collect information that we need, and that you choose to give to us. We will not collect personal information gratuitously from you for no reason.

Accuracy: We make reasonable efforts to keep your data accurate and up to date, based on your input; if you notify us of any changes to your data, we will make sure to change it in our systems in a timely manner.

Limitation of Data Retention: We believe in streamlining the way that we handle data so that it minimizes data redundancy and unnecessary retention, we have instituted processes to delete personal information from our systems when it is no longer required.[VF1]

Integrity and Confidentiality: We process your information using appropriate technical or organizational measures designed to ensure appropriate security of your personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.

How we collect and use your information generally is also explained in our Privacy Policy. You are solely responsible for your conduct, the content of your accidents, files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permissions needed to comply with these Terms. We may choose to review public content for compliance with our community guidelines, but you acknowledge that The Notify Network has no obligation to monitor any information on the Services.

We are not responsible for the accuracy, completeness, appropriateness, or legality of accidents, user posts, or any other information you may be able to access using the Services; all of that information is provided “AS IS”, without any warranty at all, and it’s your responsibility to evaluate how and whether you would like to use and rely on the information. In particular, you acknowledge that much of the information is being provided by third parties, who are not under the control or direction of The Notify Network, and The Notify Network is not liable for any acts or omissions of those third parties. Conversely, you agree that you will comply with community guidelines and post, to the best of your ability and where applicable, useful and accurate information.

Sharing Your Stuff

The Services provide features that allow you to share your stuff with others or to make it public. There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. The Notify Network has no responsibility for your activity, or the activities of any other user of The Notify Network services.

Your Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not The Notify Network, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.

You, and not The Notify Network, are responsible for maintaining and protecting all of your stuff. The Notify Network will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.

You are responsible for using the Services in accordance with this Agreement and all applicable law – this includes not transmitting harassing, abusive, libelous, illegal or deceptive messages or information; committing, attempting to commit or helping to commit a crime or other illegal or tortious acts, including any infringement of intellectual property rights; or any activities that violate any third party’s privacy rights. This also includes not engaging in any activity that could interfere with, degrade, or adversely affect any software, system, network or data used by The Notify Network and/or other users of the Services (including by ensuring that you do not upload any viruses or other harmful code in using the Services).

If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 16 years of age. By agreeing to these Terms, you are representing to us that you are over 16.

ACCOUNT SECURITY

Information contained within Notify Accident Pins is accessible only via uniquely generated links send to verified user by email address. We pre-approve, and may approve if requested, specific internet domains to post or join accidents inside The Notify Network. Your account is only intended to be personal to you, and you are not allowed to use the Services for any commercial purposes or for the benefit of any third party. Therefore, you are responsible for safeguarding the links that you use to access the Services and you agree not to disclose them to any third party. As a corollary to this, you are responsible for any activity arising from use of links that you receive from The Notify Network, whether or not you authorized that activity. You should immediately advise The Notify Network of any unauthorized use of your links. You acknowledge that if you wish to protect your transmission of data or files to The Notify Network, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Software and Updates

Some use of our Service may require you to download a client software package (“Software”). The Notify Network hereby grants you a limited, personal, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. As the Software is solely to be used to access the Services, all parameters for use of the Services also apply to the Software; the Software is also to be used only by you, and you are not permitted to distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to the Software, in whole or in part, to any third party on a temporary or permanent basis. Our Services may update the Software on your device automatically when a new version is available; by continuing to use the Services, you are agreeing that The Notify Network has the right to require you to use those updates, and that those updates are covered under these Terms.

As we are providing the Software under Canadian law, we need you to comply with certain basic statutory parameters about your rights to use the Software. Accordingly, you hereby represent and warrant that (i) you are not located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the Canadian or U.S. Governments as a “terrorist supporting” country; and (ii) you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties.

You acknowledge that The Notify Network utilizes Google Cloud Services to provide hosting for its servers that are used by you in using the Services (“Host”), and that the servers are subject to the hosting agreements of the Host. The Host may impose additional restrictions, or may have additional rights, in relation to your use of the servers; it is solely your responsibility to ensure that you are aware of the terms and conditions imposed by the Host, and to comply with such terms and conditions. As of the date that these Terms were written, such Host’s agreements could be found at https://cloud.google.com/terms/.

To the limited extent that these Terms are less restrictive than the Host’s agreement, or is in direct conflict with, the Host’s agreement as they relate to your obligations respecting use of the servers, the usage rules of the Host’s agreement shall apply. The Host is a third party beneficiary of these Terms, and, upon your acceptance of the terms and conditions of these Terms, such Host will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. Notwithstanding the foregoing, these Terms are concluded solely between you and The Notify Network, and not with the Host, and the Host shall have no responsibility whatsoever respecting the Services or Software.

The Notify Network Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you, and that by sending us the feedback, you are giving us the right to use it however we wish. The Software and other technology we use to provide the Services are owned or licensed by The Notify Network, and are protected by copyright, trademark, and other laws of the United States, Canada and foreign countries. It is therefore your responsibility to fully comply with such laws in using and handling the Services and Software. Nothing herein shall be construed as constituting a sale of the Software or any portion thereof to you. These Terms do not grant you any rights to use The Notify Network trademarks, logos, domain names, or other brand features. Any rights not expressly granted to you in these Terms are reserved.

Acceptable Use Policy

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with The Notify Network Acceptable Use Policy.[VF2]

Copyright

The Notify Network respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported tohello@thenotifynetwork.com. We reserve the right to delete or disable content alleged to be infringing and to terminate the provision of Services if the infringement warrants it. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent

Rates Down Inc.
2275 Upper Middle Rd. East, Suite 101,
Oakville, ON
L6H 0C3
hello@thenotifynetwork.com

Other Content

The Services may contain links to third-party websites or resources. The Notify Network does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.

TERMS

These Terms will apply to your use of the Services from the date that you sign up for the Services until the date that your Services are terminated as described below.

Termination

Though we’d much rather you stay, you can stop using our Services any time – just notify us that you want to terminate your use of the Services. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You still need to pay us for all your use of the Services up to the date of termination.

The Notify Network is Available “AS-IS”

Though we want to provide a great service, there are certain things about the service we can’t promise. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR NON-INFRINGEMENT. The Notify Network makes no representations or warranties whatsoever concerning any information obtained through the Services, and The Notify Network will not be responsible or liable for the accuracy, copyright compliance, or legality of any material contained in or accessed through the Services.

You therefore acknowledge that The Notify Network has no special relationship with or fiduciary duty to you, and has no duty to take any action regarding any acts or omissions taken by you or any other user of the Services, including without limitation:

(a) which users use the Services, (b) what material you or other users access on or through the Services, (c) how you or any other user may interpret or use materials accessed through the Services, or (d) what actions you may take as a result of having been exposed to information obtained through the Services.

The Notify Network will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions do not allow the types of disclaimers in this paragraph, so they may not apply to you; however, in such cases, these disclaimers shall be deemed to apply to the maximum extent allowable by such jurisdictions.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NOTIFY NETWORK, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANYTHING OTHER THAN YOUR DIRECT DAMAGES, IF ANY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NOTIFY NETWORK EXCEED THE AMOUNT PAID BY YOU FOR THE PORTION OF THE SERVICES THAT GAVE RISE TO THE CLAIM. THE NOTIFY NETWORK SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICES, AND YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE USE OF SUCH SOFTWARE.

EXCEPT FOR THE FOREGOING DIRECT DAMAGES, IN NO EVENT WILL THE NOTIFY NETWORK BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE NOTIFY NETWORK HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the types of limitations in this paragraph, so they may not apply to you; however, in such cases, these limitations shall be deemed to apply to the maximum extent allowable by such jurisdictions.

Indemnification

As we have no control over your actions and the way that you use the Services other than by requiring you to agree to these Terms, we feel it is your responsibility to make good on any claims brought against The Notify Network as a result of your acts or omissions. Accordingly, you agree to indemnify, defend and hold harmless The Notify Network from any claim or demand (including costs and attorneys' fees that are incurred as a result of the claim or demand) made by any third party due to or arising out of:

(a) your access to the Services, the Software, and any content obtained by you through the Services or Software, (b) your use or misuse of the Services and/or Software, (c) any breach of this Agreement by you, (d) your infringement of any intellectual property or other right of any person or entity, or (e) your violation of any third-party rights or any applicable laws.

This indemnity would also apply where the claim or demand arose from the acts or omissions of a third party gaining access to the Services or Software through you.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY ONTARIO LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE PROVINCIAL COURTS OF TORONTO, ONTARIO, CANADA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and The Notify Network with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.

These Terms create no third party beneficiary rights. The Notify Network’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but The Notify Network may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

The Notify Network and you are not legal partners or agents; instead, our relationship is that of independent contractors. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.

C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

CONTACT US

You may contact us concerning any question about the Service, through the channels listed on the “Contact” page on our website. Or “Contact Us” page listed in the menu in the web application. We will make our best efforts to address your inquiry promptly.

Last modified: 12 March 2019

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