RescuForm, LLC
TERMS OF USE AGREEMENT
RescuForm, LLC WELCOMES YOU TO www.rescuform.com and its app and website.
THIS IS LEGAL AGREEMENT BETWEEN YOU AND RESCUFORM AND GOVERNS YOUR USE OF THE SOFTWARE, INFORMATION, SERVICES AND WEBSITES, COLLECTIVELY REFERRED TO AS “SERVICE”. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE, ITS APPLICATIONS, AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE. BY CLICKING “AGREE”, ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS.
USE OF SERVICE
This website and its applications are provided solely for the use of current and future users of RescuForm, LLC. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable information of others;
v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so;
vi. pretend to be anyone, or any entity you are not – you may not impersonate or misrepresent yourself as another person;
vii. plan or engage in any illegal activity; and/or
viii. gather and store personal information on any other users of the service to be used in connection with any of the foregoing prohibited activities.
AVAILABILITY OF SERVICE
The Service, or any feature or part thereof, may not be available to all jurisdictions, hospitals, emergency service respondents, paramedics, or other health care professionals and EMF makes no representation that the Service or any feature or part thereof, is appropriate or available for use in any particular location. To the extent that you choose to access, view, or otherwise use the Service, you do so at your own initiative, risk, and are responsible for compliance with any applicable laws.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (Materials) are the property of RescuForm and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, RescuForm does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this website is at your sole risk. Neither RescuForm, its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, RescuForm does not warrant reliability of any statement or other information displayed or distributed through the site. RescuForm reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. RescuForm may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. RESCUFORM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RESCUFORM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ITS ACCURACY, ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL DAMAGE.
LIMITATION OF LIABILITIES
YOU AGREE THAT RESCUFORM AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL RESCUFORM OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER RESCUFORM OR ANY OF ITS PROVIDERS HAVE 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.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless RescuForm, its affiliates, subsidiaries, partners, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to (a) any content you submit, post, transmit, or otherwise make available through the service; (b) your use of the service; (c) any violation by you of this Agreement; (d) your violation of any rights of another; (e) violation of any law or regulation, or (f) violation of any proprietary or privacy right. This means you cannot sue RescuForm, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the service, or take any action during the investigation of a suspected violation or as a result of a conclusion that a violation of this Agreement has occurred. The waiver an indemnity provision applies to all violations contemplated in this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the service. You acknowledge that you are responsible for all use of the service using your content, and that this Agreement applies to any and all usage of the service. You agree to comply with this Agreement and to defend, indemnify and hold harmless RescuForm from and against any and all claims and demands arising from usage of the service, whether or not you expressly authorize such usage.
PRIVACY POLICY
Link is provided on the RescuForm website and app to access Privacy Policy and HIPAA Notice governing the use of information that RescuForm obtains from you through your use of this website and app.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, EMF may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by RescuForm. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by RescuForm. RescuForm does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by RescuForm. Links do not imply that RescuForm or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of RescuForm or any of its affiliates or subsidiaries. Except for links to information authored by RescuForm, RescuForm is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. RescuForm reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. RescuForm makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Oakland County, Michigan for any disputes with EMF arising out of your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between RescuForm and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and RescuForm with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may modify this Agreement at any time and impose new or additional terms or conditions of your use, and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. RescuForm does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from EMF solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
