Terms Of Use

Terms of Use for Registration (Effective as of March 1, 2010)

The Port Washington-Manhasset Office of Emergency Management (“PWM OEM”), the NorthShoreAlert cooperative, the special districts, your village, the Town of North Hempstead, other local government authorities (each, the “Municipality” or collectively, the “Municipalities” or as “we” or “us”), have subscribed to the Blackboard Connect (the “Service Provider”) service, also known as NorthShoreAlert service, (the, “Service“) to augment its ability to notify you and other residents and businesses of matters of interest to you. This Terms of Use (“TOU“), as stated herein, shall govern the registration of contact information (“Contact Data”) by you.

The Service provides you with the ability to register your contact information on the registration website (the “Website“) subject to your compliance with the TOU. The Municipalities reserve the right to change this TOU from time to time without notice to you. We may give notice of substantive changes to the TOU by written announcement on the NorthShoreAlert.org website.

Registration of your contact information constitutes the acceptance of this TOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MUNICIPALITY’S USE OF THE SERVICE TO CONTACT YOU, IS TO DELETE YOUR CONTACT DATA FROM THE WEBSITE. YOU SHOULD ALSO UPDATE AND/OR DELETE YOUR CONTACT DATA IF YOU RELOCATE OUTSIDE THE MUNICPALITY’S JURISDICTION. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS TOU BECOMES EFFECTIVE IMMEDIATELY UPON REGISTRATION OF YOUR CONTACT INFORMATION. THE MOST CURRENT VERSION OF THIS TOU, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED ON A WEBPAGE IN THE REGISTRATION PROCESS OF THE WEBSITE.

1.     THE SERVICE. The Service will entitle specific officials from the Municipality (from departments such as health, police, fire, emergency management, utility, public works, sanitation, mayor’s office, Town Supervisor’s office), to broadcast notifications to residents and businesses in your community, via an automated communication system.

These notifications may be about such events as weather alerts, health warnings, missing people, natural disasters, water main breaks, power outages, detours and road closures, crime prevention, flood alerts, fires or other urgent and non-urgent matters.

The notification may be sent to the entire community or to an affected area, and may be sent to the residential/business telephone, cell phone, text message service and/or email address (depending on the contact information provided by you and/or contained in the database). Standard charges by your carrier may apply.

BUT NOTE: The Service is not a replacement for the Municipality’s direct communication with First Responders such as, for example purposes only, 911, fire, police, emergency medical, and public health or for your obtaining alerts and other public information from other public sources, including, as examples, radio, television, internet, email, and/or newspapers.

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. Although the system includes numbers from commercially available telephone databases, these databases may not contain the most up-to-date information for your landline number. Also, if you have a non-published or unlisted number, or if you are on a Do Not Call List, or have a cell phone, Internet phone, TDD/TTY service, or text message service, the Municipality and Service Provider most likely do not have access to that information.

In order to register your Contact Data, you will be asked to provide certain information to set up your account (collectively, “Account Information“).

In consideration for the ability to register your Contact Data on this 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 when it changes for notification purposes;

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 only register Contact Data for another person if you have that person’s express permission;

d.     You will keep your Account Information secure;

e.     You are responsible for all unauthorized use or misuse of your Account Information that arises from your disclosure of your Account Information or lack of care in protecting your Account Information and that you acknowledge that the Municipalities are not responsible for other misrepresenting themselves as you in their use of the system;

f.      You will not attempt to intercept, redirect or otherwise interfere with communications intended for others;

g.     You will not engage in any activity that would subject us to civil or other liability;

h.     You will not make false or unverified complaints against any other subscriber, or otherwise abuse any complaint response procedure established with respect to the Service;

i.      You will immediately notify your Village or Town by telephone and email (at the contact information listed on the Website, of any unauthorized use of any Account Information or any other breach of security pertaining to your Contact Data;

j.      You will exit from your account at the end of each session;

l.      Neither the Municipalities nor Service Provider are responsible for the accuracy, timeliness, misdelivery, deletion, or failure to store any of your Contact Data.

m.   PWMOEM does not pre-screen communications sent by any other Municipality and is not responsible for screening or monitoring any messages.

3.     YOUR PRIVACY

a.     How is your Contact Data Used?

Your Contact Data will be used by your Municipality to send notifications to you. They are not authorized to rent or sell your Contact Data.

b.    How can you update, correct, or remove your Contact Data?

Log on to the Website using your Account Information and make updates or deletions. It is your responsibility to promptly update changes in your Contact Data, and keep all information accurate, current, and complete.

c.     How to stop receiving notifications from your Municipality.

You may opt-out of receiving notifications from your Municipality originating through the Service using the following methods:

Telephone and Cell Phone Notifications: Return to the Website and follow the instructions to delete your Contact Data.

E-mail Notifications: Either follow the opt-out instructions on the e-mails you receive or return to the Website and follow the instructions to delete your Contact Data.

Text Message Notifications: Either follow the opt-out instructions on the text message you receive or return to the Website and follow the instructions to delete your Contact Data.

In addition to deleting your Contact Data from your account, you should contact the Municipality, specifically your Town or Village, and instruct them to remove your contact details from its contact list. PWMOEM has no control or authority to force another Municipality to remove your contact information. Please also understand that it may be impossible to completely delete your information without some residual information being retained because of backups. Please think carefully before stopping receipt of further notifications. By opting-out, you will no longer receive notices of matters that may affect your interest.

d.    If you believe that someone entered your Contact Data without your consent:

Please contact one or all of the following and provide details:

1.     The Service Provider, Blackboard Connect via telephone at 877-428-9411 or email to support@blackboardconnectcty.com

e.      If you believe that someone is making inappropriate use of your Contact Data, such as to send you telemarketing messages or unsolicited commercial emails or SPAM, or are experiencing other problems with the Service, please contact the Service Provider as specified above.

g.    Factors beyond our control.

You understand and accept that no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while the Service Provider strives to protect Contact Data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our or the Service Provider’s control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us and the Service Provider through the Website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

4.     THIRD PARTY SITES AND INFORMATION. The Website may contain links to other websites, which are not maintained by, or related to, PWM OEM. We do not investigate, monitor, or check these websites for accuracy or completeness, and the inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by PWM OEM. As such, we are not responsible for the content, accuracy or opinions expressed in such third party websites. If you decide to leave the Website and access these third-party sites, you do so at your own risk.

5.    INFORMATION AND PRESS RELEASES. The Website contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press release. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.

6.    ACCURACY OF INFORMATION. We attempt to be as accurate as possible when describing Blackboard Connect’s services; however, to the extent permitted by applicable law, we do not warrant that the Content available on the Website is accurate, complete, reliable, current, or error free.

All of the information in the Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Website, and Blackboard Connect does not undertake any obligation to update such information after it is posted or to remove such information from the Website if it is no longer accurate or complete.

7.    INDEMNIFICATION. You will indemnify and hold PWMOEM and each other MUNICIPALITY, its subsidiaries, affiliates, licensors, content providers, service providers, volunteers, employees, agents, officers, directors, and contractors (Indemnified Parties) harmless from any breach of the TOU by you, including any use of Content other than as expressly authorized in the TOU. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees which may be incurred by the Indemnified Parties in connection therewith.

8.    INTERNATIONAL USE. Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Website is void where prohibited.

9.    NOTICES. All notices to us must be in writing and may be made either via email or conventional mail. Notices to us must be sent to the attention of Legal Department of each Municipality at the email address for that Municipality in the Website or to your local Village or Town at their regular mailing address. Any notices or communication will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email. Notices to you may be given via the Website.

10.  NO WARRANTY; DISCLAIMER PWM OEM and each MUNICIPALITY do not assume any responsibility or risk for your use of the Internet or the input of your Contact Data. The Website (including the registration pages), and the Service are provided “AS IS”, and PWMOEM and each MUNICIPALITY expressly disclaim all warranties, whether express, implied, statutory, or otherwise, and specifically disclaim any warranty of merchantability, non-infringement of third party rights, data security or fitness for a particular purpose, with respect to the Service or any portion thereof. PWMOEM and each MUNICIPALITY reserve the sole right to modify or discontinue the Website, including any features therein, at any time with or without notice to you, and we will not be liable to you or any third party should we exercise such right. You understand that PWMOEM and each MUNICIPALITY has no control over the third party networks that you access in order to use the Website, and that interruptions of the Website may occur due to disruption of other network transmissions completely beyond our control. It is expressly agreed that no special benefit relationship exists or is intended.

YOU AGREE THAT PWMOEM and each MUNICIPALITY WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY: (1) INTERRUPTION OF BUSINESS; (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (3) DATA LOSS, NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (4) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE WEBSITE; (5) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEB SITES; OR (6) EVENTS BEYOND OUR REASONABLE CONTROL. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUFFERED BY THE OTHER PARTY, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE HEREUNDER OR ANY USE OF OR FAILURE TO BE ABLE TO USE THE SERVICE OR THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PWMOEM and each MUNICIPALITY THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TOU.

THE ENTIRE LIABILITY OF PWMOEM and each MUNICIPALITY CONNECT AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE THE WEBSITE OR ANY BREACH OF THIS TOU ARE LIMITED TO U.S. ONE DOLLAR ($1.00). YOU HEREBY RELEASE PWMOEM and each MUNICIPALITY AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

11.  GOVERNING LAW. With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these TOU shall be governed by the laws of the State of New York, as if this TOU were a contract wholly entered into and wholly performed within the state of New York and you irrevocably submit to the non-exclusive jurisdiction of the courts in or for the State of New York, County of Nassau. Any cause of action by you with respect to the Website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 11.

12.  ADMISSIBILITY. A printed version of the TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOU, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on the Website will govern the items to which they pertain.

13.  GENERAL PROVISIONS. This TOU constitutes the complete agreement between PWMOEM and each MUNICIPALITY and you concerning the subject-matter herein, and supersedes and governs all prior proposals, agreements, or other communications. The TOU may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend these TOU, or to enter an order for services which are subject to conflicting, additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and PWMOEM and each MUNICIPALITY. To the extent that anything in or associated with the Website is in conflict or inconsistent with the TOU, the TOU will take precedence. You may not assign your rights and obligations under the TOU to any third party, and any purported attempt to do so shall be null and void. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through the Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, disruption or outage of communications, power or other utility, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 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.

14. NO RECOURSE. You shall have no recourse against the PWM OEM and acknowledge that it is a merely a facilitator on behalf of the local governmental authorities, the other Municipalities.