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(833) 744-1102
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(833) 744-1102

TERMS

Terms of Service

Updated On: 01/20/2021

1. INTRODUCTION

PrePlanLive North America LLC, a Delaware limited liability company, welcomes you, as a user (“User” or “you”), to its proprietary BELFOR ALERT Emergency Preparedness and Critical Incident Management web application, mobile application, and its associated emergency notification and communication related services (collectively, “Services”) subject to these Terms of Service (“Terms”)and its related Privacy Policy incorporated by reference herein (“Privacy Policy”). By accessing or using any of the Services authorized for your use by the PrePlanLive client institution licensing the Services from PrePlanLive (“Client”), you hereby expressly acknowledge that you have read, understand, and agree to be bound by these Terms, the Privacy Policy, as well as any additional terms or guidelines applicable to the Services you use, which shall be posted from time to time at the PrePlanLive website or any other user interface for such Services.

PrePlanLive’s Privacy Policy also governs your use of the Services and explains how PrePlanLive collects, safeguards, and discloses information that results from your use of the Services and PrePlanLive web pages. Please read it here: https://www.belforalert.com/privacy/

As a User of the Services, your agreement with PrePlanLive includes these Terms and the Privacy Policy(the “Agreements”). You acknowledge that you have read and understand the Agreements and agree to be bound of them.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SERVICES.

PREPLANLIVE IS NOT A SUBSTITUTE FOR CALLING 9-1-1 and/or taking other emergency action as may be appropriate under the circumstances. PREPLANLIVE STRONGLY ENCOURAGES YOU TO FOLLOW STANDARD PRACTICES FOR NOTIFYING POLICE, FIRE, AND/OR EMERGENCY MEDICAL SERVICES IN THE EVENT OF AN EMERGENCY SITUATION OCCURRING PRIOR TO OR IMMEDIATELY FOLLOWING USE OF THE SERVICES.

2. PURCHASES

If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information and you agree to provide such information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete and you agree not to dispute your Purchase with PrePlanLive with your credit card company after the Purchase.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. PrePlanLive does not collect, view, retain, or otherwise have access to Client Payment Card Information (PCI) submitted to third-party payment processing services. We reserve the right to refuse or cancel your Purchase at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. PrePlanLive reserves the right to refuse or cancel your Purchase if fraud or an unauthorized or illegal transaction is suspected.

3. CONTENT

The Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, photographs, videos, drawings, messages, mobile phone numbers, location information, specific building-level emergency response procedures, building intelligence, surveillance camera systems, associated emergency preparedness and critical incident management data of Client, and other information submitted by User (“Content”) that may be used in conjunction with the operation of the Services. You are responsible for Content that you post on or through the Services, including its legality, reliability, and appropriateness. By posting or uploading Content on or through the Services, you represent and warrant that: (i) you own the Content and/or you have the right to use it, and (ii) that the posting of the Content does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. All Content is subject to PrePlanLive’s then-current Privacy Policy. PrePlanLive reserves the right to terminate your access to the Services for any breach of this section.

You retain all right, title, and interest to any Content submitted, posted, or displayed on or through the Services and you are responsible for protecting those rights. PrePlanLive takes no responsibility and shall assume no liability for Content you or any third-party posts on or through Services. However, by posting Content and using the Services you grant PrePlanLive the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for PrePlanLive to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

You are solely responsible for correcting any Content immediately when the information is or becomes inaccurate. You understand and agree that PrePlanLive is not responsible for verifying Content nor updating any information for you. PrePlanLive has the right, but not the obligation, to monitor/edit Content.

In addition, any content or information found on or through the Services not provided by you are the property of PrePlanLive or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content or information, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from PrePlanLive.

4. DESCRIPTION AND USE OF SERVICES

a. By downloading and/or registering for the Services (including the web application and/or mobile application) on a desktop, laptop, mobile phone, and/or other mobile device you will have a means to alert recipients authorized by Client, including other authorized users of Client, Client’s authorized emergency restoration company (“Authorized Restoration Company”), and, if specifically set forth in a Client’s master services agreement with PrePlanLive, fire, police, and emergency medical responders, emergency management, campus safety officials, public health services, and other public first responders (collectively, “Emergency Responders”), via mass notification, of an emergency situation. Client’s authorized users, Authorized Restoration Company, and Emergency Responders authorized by Client to receive alerts and/or notifications through the Services are collectively referred to as “Client’s Authorized Recipients.”

b. Emergency incident notifications are sent via SMS, email, and/or push notifications to Client’s Authorized Recipients, providing access to specific building-level emergency response procedures, building intelligence, surveillance camera systems, associated emergency preparedness and critical incident management data and other Content. AS A USER OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT BY REGISTERING FOR, DOWNLOADING, AND/OR MAKING USE OF ANY SERVICES, YOU CONSENT TO THE RELEASE OF ALL CONTENT CLIENT’S AUTHORIZED RECIPIENTS IN ACCORDANCE WITH THE SPECIFIC SERVICES OPTED IN BY CLIENT.

c. You acknowledge and agree that once Content is made available to the Authorized Restoration Company and/or Emergency Responders, it may be transmitted over unsecured radios or made accessible through unsecured communications as part of information disseminated to or by the Authorized Restoration Company, Emergency Responders, or any local 9-1-1 call center. You acknowledge and agree that Content may also be stored as part of a public record associated with an emergency call if required by local statutes or applicable laws. You acknowledge and agree that the Authorized Restoration Company and any Emergency Responders will not be under any obligations under this Agreement with respect to any confidential information contained in the Content and that no transmission of the Content to an Authorized Restoration Company or any Emergency Responders will be considered a breach of any provision of any Agreements between you and PrePlanLive.

d. You agree that in order to use the Services, you are required to manage your telephone service provider account, keep it active at all times, and not cause such service to be disconnected for any reason. Your required actions may include, but are not limited to, ensuring you have the necessary short message service (SMS) text messaging or data plans enabled on your mobile telephone service provider account, and that any software required to support location services is installed and maintained on User mobile phones and other devices. PrePlanLive shall have no liability for any alleged failure of the Services due to any User’s failure to manage its telephone service provider account in accordance with this section. Further, all SMS communications transmitted via the Services are made on an “as is,” “as available,” and “with all faults” basis and must not be relied upon as your sole means to communicate with Client’s Authorized Recipients. PrePlanLive will not be liable for any charges resulting from the use of the Services by your telephone service provider.

5. PROHIBITED USES

You agrees to use the Services only for lawful purposes and in accordance with these Terms.

a. You shall not assign, sublicense, sell, lease, or otherwise transfer or convey any licenses to the Services.
b. You shall not, and shall not allow any third party to copy, modify, adapt, translate, publicly display, publish, create derivative works of, or distribute the Services.
c. You shall not decompile, disassemble, reverse engineer, or decode any portion of the Services or source code from which any component of the Services is compiled or interpreted or attempt to do the same.
d. You agree not to use the Services:

i. in any way that violates any applicable State, Federal, or international law or regulation;
ii. to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
iii. to impersonate or attempt to impersonate PrePlanLive, a PrePlanLive employee, another user, or any other person or entity;
iv. in any way that infringes upon the rights of others, or in any way is illegal, threatening, libelous, defamatory, harassing, abusive, threatening, obscene, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
v. to engage in any conduct that restricts or inhibits any other PrePlanLive customer’s use or enjoyment of the Services;
vi. to introduce malicious programs into the Software, PrePlanLive’s systems, or any third party’s networks or servers, including viruses, worms, Trojan horses, e-mail bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept any system, data, or personal information;
vii. to perform any actions which would interfere with the proper working of the Services;
viii. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise; or
ix. to send altered, deceptive, or false source-identifying information.

6. ACCOUNTS AND ACCESS CREDENTIALS

By creating an account with PrePlanLive relating to the Services, you represent and warrant that you are above the age of 18, and that any information you provide to PrePlanLive is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account for the Services. You agree that you are responsible to safeguard and maintain the confidentiality of your account (including but not limited to the restriction of access to your computer and/or account) and any and all access credentials (including login information, passwords, security protocols, and policies) used to access the Services. You agree to not release or otherwise share any access credentials, accounts, usernames, or passwords to any unauthorized individual. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You further agree to be responsible for any and all damages caused as a result of unauthorized use of any access credentials by you or any third-party. You must notify PrePlanLive immediately upon becoming aware of any known or suspected breach of security or unauthorized use of your account. Unless you have the appropriate consent and authorization from the applicable party, you may not use as a username: (i) the name of another person or entity,(ii) a name that is not lawfully available for use, or (iii) a name or trademark that is subject to any rights of another person or entity other than you. Further, you may not use as a username any name that is offensive, vulgar or obscene. You are responsible for any and all damages caused as a result of your use of any unauthorized usernames. PrePlanLive reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in its sole discretion.

You understand and agree that, PrePlanLive reserves the right to validate accounts and subscriptions, through means of its own choosing, which may include calling and/or sending you SMS text messages. As a User, you agree that PrePlanLive may contact you to validate the phone number(s) you register with PrePlanLive’s databases. You also agree that if another user registers and validates a phone number which you had previously registered, the phone number will be removed from your user information and assigned to the other user. PrePlanLive will attempt to notify you of this change via email, SMS, and/or push notification, but cannot guarantee your receipt of the message.

IT IS YOUR RESPONSIBILITY TO CORRECT YOUR USER INFORMATION AND OTHER CONTENT IMMEDIATELY WHEN THE INFORMATION YOU HAVE PROVIDED IS OR BECOMES INACCURATE. CREATING ANY INTENTIONALLY MISLEADING CONTENT ORUSER INFORMATION OR PROVIDING ANY INTENTIONALLY MISLEADING INFORMATION TO LOCAL 9-1-1 CALL CENTERS OR EMERGENCY RESPONDERS IS POTENTIALLY A CRIME AND IS GROUNDS FOR TERMINATION OF SERVICES. YOU UNDERSTAND AND AGREE THAT THE SERVICES DO NOT VERIFY OR UPDATE YOUR USER INFORMATION OR ANY CONTENT FOR YOU.

You must confirm in writing, delivered to PrePlanLive at least once every six (6) months, that your mobile phone number is accurate. Failure to do so may prevent your mobile phone number from being provided to any of Client’s Authorized Recipients. You understand and agree that it is solely your responsibility to take appropriate precautions to ensure that your phone number is not used by any unauthorized person to register for and download the Services (including any mobile and/or web applications).

YOU AGREE THAT ANY CONTENT OR USER INFORMATION YOU PROVIDE WILL ONLY INCLUDE INFORMATION ABOUT ADULTS AND/OR CHILDREN FOR WHOM YOU HAVE APPROPRIATE LEGAL RESPONSIBILITY OR APPROPRIATE PRIOR CONSENT, AND THAT SUCH CONTENT AND INFORMATION DOES NOT INFRINGE OR INVADE THE PRIVACY OF ANY SUCH PERSON, AND YOU UNDERSTAND THAT PREPLANLIVE RELIES UPON SUCH INFORMATION PROVIDED.

7. INTELLECTUAL PROPERTY AND COPYRIGHT POLICY

The Services and their original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of PrePlanLive and its licensors. The Services are protected by copyright, trademark, and other laws of the United States. PrePlanLive’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PrePlanLive. You agree not to infringe upon or cause others to infringe upon such copyright, trademark, or any other intellectual property rights of PrePlanLive.

In addition, PrePlanLive respects the intellectual property rights of others. It is PrePlanLive’s policy to respond to any claim that Content posted on the Services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@preplanlive.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims for Infringement.

8. DISCLAIMERS

a. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PREPLANLIVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, DUTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES, DUTIES OR CONDITIONS OF GOOD FAITH, REASONABLE CARE, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA, NON-INFRINGEMENT, SATISFACTORY QUALITY, AVAILABILITY, ACCURACY, OR THE ABSENCE OF ANY DEFECTS THEREIN. PREPLANLIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. NEITHER PREPLANLIVE NOR ANYONE ASSOCIATED WITH PREPLANLIVE REPRESENTS OR WARRANTS THAT THE SERVICES, THE SOFTWARE, THEIR CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET CUSTOMER’S NEEDS OR EXPECTATIONS. USER EXPRESSLY AGREES THAT ITS USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM PREPLANLIVE IS AT USER’S SOLE RISK. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

b. THE SERVICES ARE NOT A SUBSTITUTE FOR CALLING 9-1-1. USER ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES IS NOT A SUBSTITUTE FOR CALLING 9-1-1 and/or taking other emergency action as may be appropriate under the circumstances. USER ACKNOWLEDGES AND AGREES THAT PREPLANLIVE DOES NOT GUARANTEE AND CANNOT GUARANTEE DELIVERY OF ANY 9-1-1 CALL OR ANY CONTENT TO LOCAL 9-1-1 CALL CENTERS OR EMERGENCY RESPONDERS. PrePlanLive has no control over the manner in which 9-1-1 calls are routed as PrePlanLive cannot control the manner in which 9-1-1 calls are disseminated. User further understands that PrePlanLive is not able to locate mobile phones and that this ability will depend in part upon factors such as telephone service provider, local network and satellite coverage, telephone service provider account limitations, individual device settings, signal strength and propagation, or device limitations. User further understands and agrees that using the Services, including the “LOCAL EMERGENCY SWIPES” (Lockdown, Police, Fire, EMS, Staff Notification, and Report Loss) feature, does not dial 9-1-1, but only provides a local notification to other users specified by Client within the application. If you require emergency action from any Emergency Responders, you must take affirmative action to call 9-1-1. THE SERVICES CANNOT AND DO NOT REPLACE, AND ARE NOT INTENDED TO REPLACE, YOUR VERBAL PROVISION OF CONTENT (IN THE EVENT OF AN EMERGENCY OR OTHERWISE) TO THE LOCAL 9-1-1 CALL CENTER AND EMERGENCY RESPONDERS WHEN MAKING A 9-1-1 CALL OR USING ANY OTHER COMMUNICATION METHOD, NOR DO THE SERVICES REPLACE THE NEED FOR YOU TO PLACE A CALL TO 9-1-1 IN THE EVENT OF AN EMERGENCY. PrePlanLive shall have no liability for any damages suffered or incurred by you or any third parties due to your reliance on the Services as your sole means of contacting local 9-1-1 call centers or Emergency Responders.

c. PrePlanLive does not have control over the networks, equipment, or facilities of telephone service providers or over Emergency Responders’ equipment or facilities that may be needed, used for or involved in connecting a 9-1-1 call to any local 9-1-1 center or Emergency Responders, collecting mobile phone location information, delivering notifications to designated recipients, or delivering Content to any local 9-1-1 center or Emergency Responders. Therefore, the Services may not always be able to notify local 9-1-1 call centers and Emergency Responders or enable calls to 9-1-1 through the Services (including the mobile and web based applications). You further understand and agree that not all local 9-1-1 call centers and Emergency Responders have access to the Services and that the Services may not be utilized by local 9-1-1 call centers and Emergency Responders that do have such access.

d. PrePlanLive does not have control over the networks, equipment, or facilities of telephone service providers or over any Authorized Restoration Company’s equipment or facilities that may be needed, used for, or involved in delivering notifications to designated recipients, or delivering Content to any Authorized Restoration Company. You shall not rely on the Services, including the “REPORT LOSS” feature, as the sole means by which you will communicate information to any Authorized Restoration Company. PrePlanLive cannot guarantee that an Authorized Restoration Company received any notification sent by you through the use of the Software. If you do not receive a telephone call or other written response from the Client’s designated Authorized Restoration Company confirming receipt of your notification within 60 minutes, you shall call the Client’s designated Authorized Restoration Company to confirm receipt of such notification. PrePlanLive shall have no liability for any damages suffered or incurred by you or any third parties due to your reliance on the Services as your sole means of contacting an Authorized Restoration Company.

e. USER ACKNOWLEDGES AND AGREES THAT USING THE SERVICES DOES NOT CONSTITUTE AN AGREEMENT BETWEEN YOU AND ANY AUTHORIZED RESTORATION COMPANY, EMERGENCY RESPONDERS, OR LOCAL 9-1-1 CALL CENTERS.
f. PrePlanLive cannot control the manner in which emergency services are rendered, and therefore cannot guarantee that any Authorized Restoration Company, local 9-1-1 call center, or Emergency Responders will utilize the Content in connection with their response to any activation of the Services (including the BELFOR Alert mobile or web based applications). You acknowledge and agree that PrePlanLive (i) is not responsible for the actions or omissions of any Authorized Restoration Company, local 9-1-1 call centers, or Emergency Responders; (ii) cannot guarantee the performance of any Authorized Restoration Company, local 9-1-1 call centers, or Emergency Responders; (iii) cannot guarantee delivery of any Content in connection with any activation of the Services; (iv) is not responsible for any interaction or lack thereof between you and any Authorized Restoration Company, local 9-1-1 call centers, or Emergency Responders; and (v) is not responsible for any disruption or failure of the Services resulting from any acts or omissions of any Authorized Restoration Company, local 9-1-1 call centers, or Emergency Responders.

g. You acknowledge and agree that the Services do not, and are not intended to, replace the services provided by any Authorized Restoration Company or Emergency Responders You agrees that you shall not rely on the Services to provide emergency response services to you, other user, or Client. Such emergency response services can only be provided by third-party emergency service providers.

h. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED BY PREPLANLIVE ARE NOT AVAILABLE WITHOUT INTERNET, WI-FI, OR CELLULAR DATA NETWORK CONNECTIVITY. It is your responsibility to ensure that the Services (including any mobile or web based applications) are properly installed and configured and that all required mobile phone numbers have been verified by you. You are solely responsible for updating the registration of your mobile phones and other devices in PrePlanLive’s databases to account for any change in phone number associated with such phone and other devices of yours used to access the Services. You acknowledge and agree that PrePlanLive does not have control over the telephone service and internet service providers which may be necessary for providing the Services and that such failure shall not be deemed to be the responsibility of PrePlanLive. You acknowledge and agree that PrePlanLive reserves the right to suspend your use of the Services for any mobile phone number that is no longer valid. Furthermore, PrePlanLive reserves the right to suspend or immediately terminate your use of the Services if your acts or pattern of activity interfere or threaten to interfere in any manner with any Authorized Restoration Company or Emergency Responders, or interfere with PrePlanLive’s ability to provide Services to its other customers.

9. INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PREPLANLIVE AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, PARENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIM, SUIT, ACTION, OR PROCEEDING BROUGHT AGAINST PREPLANLIVE ARISING FROM OR RELATING TO (A) ANY BREACH OF THESE TERMS BY YOU; OR (B) ANY THIRD-PARTY CLAIM ARISING IN CONNECTION WITH YOUR DIRECT OR INDIRECT USE OF THE SERVICES.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PREPLANLIVE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF PRIVACY, COST OF LOST OR DAMAGED DATA OR CONTENT, OR BUSINESS INTERRUPTION), RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONENT; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OR OTHER USERS OR THIRD PARTIES; OR (D) ANY CONTENT OR INFORMATION OBTAINED FROM THE SERVICES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PREPLANLIVE EXCEED THE GREATER OF TWO-HUNDRED FIFTY U.S. DOLLARS ($250.00) OR THE AMOUNT YOU PAID PREPLANLIVE, IF ANY, IN THE PAST THREE MONTH PERIOD FOR THE SERVICES PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF PREPLANLIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

11. TERMINATION AND SUSPENSION

You may terminate your use of the Services by deactivating your account(s), uninstalling the Services (including the mobile application) from your mobile phone and/or ceasing use of the Services (including the mobile and web applications). If you terminate all or a part of your Services, or if your Services are terminated for any other reason (including but not limited to termination of Services by any Authorized Restoration Company, local 9-1-1 call center, Emergency Responders, or Client), then PrePlanLive will no longer provide you with the Services or provide your Content to any of Client’s Authorized Recipients. Provided, however, your termination of the use of the Services pursuant to these Terms shall not affect any active Software License and Master Services Agreement between PrePlanLive and a Client; such master agreement shall remain in full force and effect pursuant to the terms of said master agreement.
PrePlanLive reserves the right to suspend or immediately terminate your use of the Services if your acts or pattern of activity interfere or threaten to interfere in any manner with any Authorized Restoration Company, local 9-1-1 call center, Emergency Responders, or PrePlanLive’s ability to provide the Services to its clients or any other third parties. In addition, PrePlanLive may suspend or terminate your account and/or use of the Services at any time for any or no reason, including, but not limited to, if PrePlanLive reasonably believes: (i) you have violated these Terms, (ii) your use of the Services has created risk or potential legal exposure for PrePlanLive, (iii) you have engaged in unlawful or illegal conduct, or (iv) PrePlanLive’s provision of the Services to you is no longer commercially viable.

Furthermore, your account and ability to use the Services shall immediately terminate upon the termination or expiration of any master agreement between PrePlanLive and the Client institution licensing the Services from PrePlanLive authorizing your use.

Upon any termination of your account and/or ability to use the Services, (a) your license to use the Services shall immediately cease; (b) you shall immediately discontinue any use of PrePlanLive’s property, including, but not limited to any confidential information; and (c) these Terms shall terminate. Provided, however, the provisions of these Terms that, by their nature, are intended to survive termination or expiration (including without limitation Sections 3, 4, 7, 8, 9, and 10) shall survive such termination or expiration.

12. MISCELLANEOUS PROVISIONS

a. If any provision hereof is deemed to be invalid or unenforceable under applicable law, these Terms shall be considered divisible as to such provision and such provision shall thereafter be inoperative, provided however, the remaining provisions of these Terms shall be valid and binding.

b. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. Any suits arising under these Terms shall be brought solely in Oakland County, Michigan. You expressly waive all rights to object to the jurisdiction and venue in Oakland County, Michigan.

c. The failure of PrePlanLive at any time to require performance by User of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by PrePlanLive of a breach of any of the provisions hereof constitute a waiver of any succeeding breach of the same or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by PrePlanLive.

d. Your use of the Services under these Terms is limited to use in the United States. Use of the Services outside of the United States shall constitute a violation of these Terms entitling PrePlanLive to immediately terminate and/or suspend your use of the Services.

e. PrePlanLive reserves the right to modify any portion of these Terms at any time by posting the revised Terms on its website or in PrePlanLive’s mobile or web applications. Your continued use of any of the Services following any such posting constitutes your acceptance of the revised Terms.

f. PrePlanLive may assign these Terms in its sole discretion. You are not permitted to assign these Terms or any of your obligations hereunder without the prior written consent of PrePlanLive.

g. The section headings in these Terms are provided solely for convenience and do not constitute or modify the provisions of these Terms.

h. You understand and agree that PrePlanLive may send you certain communications which pertain to and are considered part of the Services, such as announcements, newsletters, service announcements and other administrative messages, by SMS text, email message, or push notification. Your ability to opt out of these communications will be governed by applicable laws and PrePlanLive’s policies. Notices texted, emailed, or sent via push notification to you will be deemed given and received when the text, email, or push notification is sent. PrePlanLive has no obligation to provide notice by U.S. Mail or any other means even if its attempt to transmit such communication to a User’s phone or email address fails for any reason. PrePlanLive may, but is not obligated to, undertake repeated efforts to send such communications to Users if it receives notification that the attempted electronic communication failed for any reason.

UNDERSTOOD. ACCEPTED. APPROVED.

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