This Subscription Agreement is made between Versitell Communications LLC d.b.a. "ReadyWarn", (the Company), and you, the subscriber (you) and governs the terms and conditions of your subscription to the services offered by the Company. Upon signing this document or clicking I AGREE during the signup process, you fully accept and agree to be bound by the terms of this Agreement. Upon receiving your payment of the Subscription Price (defined in paragraph 4 below), the Company will provide services to you as set forth in this Subscription Agreement.
You acknowledge and agree that you wish to enter into this Subscription Agreement for the purposes of participating in the Company's automated notification services wherein the Company will attempt to publish notifications for the predetermined events, as chosen by you, to accounts held by you on authorized third party systems that are supported by the Company. (Company's Services).
You acknowledge and agree to only choose locations within your geographical area to be monitored for your selected events. The geographic area is any location that the Company would consider to be your local market and contains an audience that you directly serve. The Company reserves the right to limit the quantity of locations and events that are monitored by your account. You acknowledge and agree that it is your responsibility to configure the Company's services upon successful registration and account activation. Failure to configure the services or to supply accurate information may result in the non-delivery of notifications to third party systems.
Your access to the Company's services are contingent upon the successful payment of the monthly Subscription Price by you. You agree to pay the Company the sum determined (The Subscription Price), for each one (1) month term during which you subscribe to the Company's Services, and that all payments of the Subscription Price shall be made by, in US funds, a valid credit card that you are duly authorized to use. If you do not have access to a credit card, payment may be made by check with prior consent of the Company. Checks should be made payable to ReadyWarn and can be mailed to: ReadyWarn, 812 Dubois Dr, Baraboo, WI 53913.
You acknowledge and agree that the term of your subscription will start immediately upon successful account creation and tender payment to the Company (The Subscription Date) and shall be billed automatically on a monthly cycle based on the Subscription Date unless the subscription is canceled by you or otherwise terminated by the company. For the purposes of this agreement, a business day shall be defined as Monday, Tuesday, Wednesday, Thursday, or Friday, provided such day is not a religious or national holiday.
The Company reserves the right to change the Subscription Price at any time and notify you of the change by email or in writing before the new Subscription Price is billed to your account for the first time. This new one (1) month term will be governed by the provisions contained in this Subscription Agreement, as it may be amended or supplemented from time to time and published on the Company's website. You agree that you are responsible for canceling your subscription and for maintaining an accurate profile including your address, billing information or contact information prior to the subscriptions monthly renewal date for each subsequent one (1) month term and that payment for each new term will be billed to the credit card number you provide to the Company. If the Company has arranged for you to pay a monthly subscription by check, an electronic invoice will be sent to you via email. Subscription payments by check must be received by the Company prior to the monthly renewal date to ensure uninterrupted access to the Company's services.
You acknowledge and agree that you may cancel or terminate your Subscription Agreement at any time; however, no portion of the Subscription Price will be prorated or refunded to you for any reason.
You acknowledge that you have completed the Subscription Form in its entirety, and that all information you have provided to the Company is truthful and accurate.
You acknowledge and agree that by accepting this agreement you are also accepting ReadyWarn's overall terms of service agreement. The terms of service agreement can be found at http://www.readywarn.com/tos.pdf
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION PROVIDED BY READYWARN MAY INCLUDE TECHNICAL INACCURACIES OR BE BASED UPON TYPOGRAPHICAL ERRORS AND ACCEPT THAT THE SERVICES PROVIDED BY READYWARN ARE PROVIDED "AS IS"AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICIPLE LAW. READYWARN DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. READYWARN DOES NOT WARRENT THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT'S COMPUTER SYSTEM, INCLUDING THE SERVERS THAT MAKE THE SERVICES AVAILABLE TO YOU, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. READYWARN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU FURTHER AGREE THAT YOU HAVE READ THE HOLD HARMLESS AGREEMENT WITHIN THIS AGREEMENT, AND AGREE TO ITS TERMS.
HOLD HARMLESS AGREEMENT
IN NO EVENT SHALL VERSITELL COMMUNICATIONS LLC, D.B.A. READYWARN, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. READYWARN'S AND THE SITE'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THREE HUNDRED UNITED STATES DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.