findeREC.com, Inc. Terms and Agreement
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eREC Terms and Agreements
- Welcome to the electronic Record of Emergency Contacts (“eREC"), the online service for providing a listing of individuals to notify in the event of an emergency operated by findeREC.com, Inc., Inc. By using the www.findeREC.com Website (the “Website") you agree to be bound by these Terms and Agreements (this “Agreement"), whether or not you register as a Member or Co-Member (“Member"). If you wish to become a Member and make use of the electronic Record of Emergency Contacts service (the “Service"), read these Terms and Agreements and indicate your acceptance of them by following the instructions in the enrollment process.
- This Agreement sets out the legally binding terms of your use of the Website and your Membership in the Service and may be modified by findeREC.com, Inc., Inc. from time to time; such modifications to be effective upon posting on the Website.
- Eligibility. You must be eighteen or over to register as a Member of eREC. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. The duration of a Membership is one year from the date of successful enrollment for Premium Members. A Basic Membership will remain effective until it is deactivated by the Member. You may terminate your Membership at any time, for any reason by selecting the Deactivate option online within your record account, or upon receipt by findeREC.com, Inc. of your written or email notice of termination. findeREC.com, Inc. may terminate your Membership for any reason, effective upon sending notice to you at the email address you provide in your application for Membership, or such other email address as you may later provide to find-erec.com. If findeREC.com, Inc. terminates your Membership in the Service because you have breached the Agreement, you will not be entitled to any refund of Membership fees. Even after Membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 8-13 of this Agreement.
- Enrollment Fees. Basic Membership: FREE / Premium Membership: $19.99 per year.
Groups are not obligated to pay the Member’s annual fee unless special arrangements are made with eREC management. The membership fee is the obligation of the Member.
- Cancellations. Premium Membership is effective for a one-year period beginning the day of successful enrollment. If no renewal payment is received, the Membership service expires one year from the date of enrollment. A Member may cancel and be removed from the record service at any time by selecting the cancel option online or by informing findeREC.com, Inc. in writing. If Membership consists of a Member and a Co-Member, the Membership in its entirety can be cancelled or the Co-Membership alone can be canceled.
- Refunds. Members will be entitled to a full refund of the canceled service within 30 days after enrollment. To receive a refund, the request must be sent in writing to findeREC.com, Inc. PO Box 162942, Atlanta, GA 30321. The written request must indicate which service is being canceled, entire Membership or Co-Member only.
- Account Access. During your enrollment for the Services, you are required to select a Username and Password. You agree to keep these codes confidential to prevent unauthorized access to your account and to prevent unauthorized use of the Services. The codes will be requested to enter into your record account. To enter and/or update information into your record account, you must be an authorized User of the account.
- Member ID Number. You will be provided a system generated Member ID number. This number will be emailed to you immediately upon successful on-line enrollment. This number will also be printed on your eREC Member card, which will be mailed to you. You should provide your Member ID number to those individuals or organizations that request emergency contact information. You should store your eREC Member card within your purse of wallet so that it can be easily located in the event of an emergency.To utilize the Service, Users will enter the find-erec.com website and enter the Member’s ID number provided at the time of successful enrollment. The information provided by the Member within the record account will display online for the User.
- Security Access Code. In addition to your Member ID Number, you have the ability to also restrict access to your emergency contact information designated individuals. In doing so, you prevent anyone from viewing your data without this code. This is a confidential code and will not be printed on your eREC Member ID card. If you enter a Security Access Code, you must also provide this code to individuals/organizations that require access to your information. You can change this code at any time by logging in to your record account and changing the code within the Username/Password section. eREC will only provide this code to your Group or child’s school if you provide authorization.
- Email Address. eREC sends period reminders to its Members to keep their information updated. It is your responsibility to keep an active email address on file within your record to ensure you are able to receive periodic messages.
- Group Activation. Any established organization with ‘affiliates’ such as employees, Members or students, can activate a Group account to entitle its affiliates to receive special discount offers. The Group will be provided with a Group ID number, which should be provided to affiliates to use when enrolling with an eREC Membership. Use of this Group ID enables eREC to identify the Group’s new Members. A listing of new Members will be provided to the Group periodically. If authorized by the new Member, the eREC Member ID number will be provided to the Group.Groups are not obligated to pay the Member’s annual fee unless special arrangements are made with eREC management. The membership fee is the obligation of the Member.
- Content Posted on the Site.a. You understand and agree that findeREC.com, Inc. may review and delete any content, alerts, or profiles (collectively, “Content") that in the sole judgment of findeREC.com, Inc. violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.b. You are solely responsible for the Content that you publish or display (hereinafter, “post") on the Service, or transmit to other Members. You provide the names and telephone numbers of emergency contacts on this Website at your own risk. By agreeing to these terms you agree that you have obtained the appropriate permission to list the names and telephone numbers of individuals you indicate as emergency contacts. You will be held responsible for obtaining said permission from your contacts.c. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. findeREC.com, Inc. reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators. It includes Content that:i. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;ii. involves the transmission of “junk mail", “chain letters," or unsolicited mass mailing or “spamming";iii. promotes information that you know is false, unauthorized, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;iv. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;v. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;vi. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; andvii. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.d. You must use the Service in a manner consistent with any and all applicable laws and regulations.e. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although findeREC.com, Inc. cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
- Non-Commercial Use. Members, organizations, companies, and/or businesses may not use this service in connection with any commercial endeavors. Illegal and/or unauthorized uses of the Website, including collecting names, telephone numbers, Usernames and/or email addresses of Members or individuals identified as emergency contacts by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- Proprietary Rights in Content on find-erec.com. findeREC.com, Inc. owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of find-erec.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide findeREC.com, Inc. with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. findeREC.com, Inc. for notice of claims of copyright infringement can be reached as follows: PO Box 196942, Atlanta, GA 30321
- Limitation on Liability. In no event will findeREC.com, Inc. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if findeREC.com, Inc. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, findeREC.com, Inc.’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to findeREC.com, Inc. for the Service during the term of Membership.
- Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Georgia.
- Indemnity. You agree to indemnify and hold findeREC.com, Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and findeREC.com, Inc. regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
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