Terms and Conditions

These terms of service, along with the Privacy Policy and Billing and Refund Policy posted on the website www.Code3.com, which are hereby incorporated in these terms of service by reference, shall govern your use of the website www.Code3.com and associated technology, including but not limited to a cell phone application (collectively the “Application”).  By accessing, viewing, or using the Application, you acknowledge and understand that these terms, along with the aforementioned Privacy Policy and Billing and Refund Policy, constitute a binding agreement between you and Code 3, LLC, a Michigan limited liability company (“Code 3”), the owner of the Application.

1.  Use of Application:  The Application is provided solely for users with legitimate interests in providing firefighting or emergency response services.  Any other use of the Application is strictly prohibited, including without limitation, any of the following uses:

  • reproducing, downloading, retransmitting, republishing, distributing the Application content without Code 3’s prior written permission;
  • taking any action to interfere with the operation of the Application;
  • “mirroring” any Application content to any other web Application or server;
  • enabling or allowing others to use the Application using your account information;
  • using the content or software included in the Application to construct any kind of database;
  • accessing or attempting to access the Application by any means other than the interface we provided or authorized;
  • posting any content that is defamatory, threatening, obscene, harassing, infringing or otherwise unlawful; or
  • removing or modifying any copyright, trademark or other proprietary notice.

2.  Registration:  You may not register for use of the Application if you are a competitor or potential competitor of Code 3 or the Application.  In registering for use of the Application, you must provide and maintain accurate information.  You will create a log-in and password and agree to maintain the security of your log-in and password.  You must immediately notify Code 3 in the event that you become aware of any unauthorized use of your log-in and/or password.

3. License:  Subject to your compliance with these terms and the law, you may access and use the Application.  The license granted to you is limited to a non-transferable license to use the Application as permitted by these terms of service.  The license does not allow you to distribute the Application or make the Application available over a network.  You may not rent, lease, sell, redistribute, or sublicense the Application.  You may not copy, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Application.  Code 3 (and/or its licensors) shall remain the sole owner of all right, title, and interest in the Application notwithstanding the license granted herein. Code 3 reserves all rights not granted under these terms.

4.  Third Party Information/No Warranties:  The Application is a venue for users to facilitate responsiveness to emergencies.  Thus, Code 3 does not create and has no responsibility for the information posted by users or GPS services provided by Google or similar global positioning/direction services.  ALL APPLICATION CONTENT IS PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  CODE 3 MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND/OR VALIDITY OF ANY APPLICATION CONTENT.  CODE 3 MAKES NO WARRANTY THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.

5.  Links:  By offering you links to other web Applications, Code 3 is not endorsing any other sites and have no responsibility for the content of other sites. You assume the full risk and responsibility for the use of any information or documents obtained on or accessed through this Application.

6. Warranty.  By uploading your content to the Application, you agree that you have all necessary licenses and permissions to use and share your content and the rights necessary to grant the licenses in these terms.  By agreeing to these terms and using the Application, you grant Code 3 a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed for use of the Application. This license is only for the purpose of operating or improving the Application.

7.  Indemnification:  You agree to indemnify, defend and hold Code 3, its affiliates, agents, officers, employees, and licensors harmless from and against any and all claims and expenses, including without limitation reasonable attorney’s fees, in any way arising out of or related to your use of the Application, a violation of these terms or any other law or regulation.

8. Disclaimers of Warranties:  The Application is provided “AS-IS.” To the maximum extent permitted by law, Code 3 disclaims all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Application. We further disclaim any warranty that: (a) the Application will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Application will be effective, accurate, or reliable; (c) the quality of the Application will meet your expectations; or (d) any errors or defects in the Application will be corrected.  We specifically disclaim any liability for any actions resulting from your use of the Application. You may use and access the Application at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of the Application.

9.  Limitation of Liability:  YOU AGREE THAT CODE 3 SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FORM YOUR USE OF THE APPLICATION OR ANY APPLICATION CONTENT, REGARDLESS OF WHETHER SUCH DAMAGE, LOSS, OR EXPENSE IS BASED IN TORT, CONTRACT, OR OTHERWISE.  IN NO EVENT SHALL CODE 3 BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE APPLICATION OR THE APPLICATION CONTENT, REGARDLESS OF WHETHER CODE 3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND, IN THAT EVENT, THE TOTAL AMOUNT OF CODE 3’S LIABILITY TO YOU SHALL NOT EXCEED $100.00.

10.  Governing Law and Jurisdiction:  These terms of service are governed by the laws of the State of Michigan without reference to its conflict of laws provisions.  You agree that any dispute related to the terms of service and/or arising out of your use of the Application or the Application content shall be brought in the federal court sitting in the State of Michigan having jurisdiction thereof or the state circuit court in Kent County, Michigan and you waive any claim that such courts do not have personal jurisdiction or are an inconvenient forum.  Any and all claims or causes of action you may have relating to the terms of service and/or arising out of your use of the Application or the Application content must be commenced within one (1) year after the claim or cause of action arises.

11. Modification: Code 3 may modify, update, or discontinue the Application (including any of its portions or features) at any time without liability to you or anyone else. However, Code 3 will make a reasonable effort to notify you before making a substantial change.

12. Termination: You may stop using the Application in accordance with the terms set forth in these terms of service and the Billing and Refund Policy. Termination of your account does not relieve you of any obligation to pay any outstanding fees nor does it entitle you to a refund of any fees paid.  If Code 3 terminates these terms for any reason other than for cause, then Code 3 will make a reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us. We may, at any time, terminate these terms (and your access to Application) for any reason.

13. Non-Assignment:  You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without Code 3’s written consent and any such attempt to assign your rights without written consent will be void. Code 3 may transfer its rights under these terms to a third party with or without notice.

 

14 Severability:  If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

15.  Entire Agreement:  These terms of service, which include the Privacy Policy and Billing and Refund Policy posted on www.Code3.com that are incorporated herein by reference, constitute the entire agreement between you and Code 3 with respect to the Application and these terms of service supersede any and all prior or contemporaneous communications.  The failure of either party to require performance by the other party of any particular term shall not constitute a waiver of the term.  The invalidity or unenforceability of any term shall not effect the remaining terms of service.  A printed version of these terms of service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as any other business documents or records originally generated and maintained in printed form.