Rave Panic Button Terms of Use

DATE OF LAST REVISION: MARCH 17, 2017

Rave Wireless, Inc. d/b/a Rave Mobile Safety, a Delaware company (“Rave”), welcomes you, as a subscriber (“Subscriber”), to its proprietary Rave Panic Button application (“Panic Button App”) and its associated emergency communication related services (collectively with the Panic Button App, “Services”) subject to these Terms of Use (“Terms” or “Agreement”) 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 institution licensing the Services from Rave (“Client”), you hereby expressly acknowledge that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, as well as any additional terms or guidelines applicable to the specific Services you use, which shall be posted from time to time at Rave’s website or any other user interface for such Services. All additional terms or guidelines applicable to the specific Services, along with the Privacy Policy, shall be hereby incorporated into these Terms. In these Terms, you are alternately referred to as “you” or “Subscriber”. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE PANIC BUTTON APP OR ANY OTHER SERVICES.

DESCRIPTION OF SERVICES

By registering for and downloading Rave’s Panic Button App on its mobile phone or other mobile device, a Subscriber will have a means to automatically “speed” dial 9-1-1 from such mobile phone or other device in an emergency situation. If the Subscriber activates the Panic Button App in the case of an emergency, the Services are designed to transmit the mobile phone number originally provided by such Subscriber to Rave in connection with registering for and downloading the Panic Button App, together with information provided by the Client who has authorized Subscriber’s use of the Panic Button App (“Client Information”) and the location of Subscriber’s device at the time of such activation (“Location Information”), to the 9-1-1 call center that serves the geographic area from which such call is placed (“Local 9-1-1 Call Center”), the participating safety and emergency response services during specific emergency incidents, including without limitation, fire, police, emergency medical, emergency management, campus safety officials and public health services (collectively, “Emergency Service Providers”) and other individual recipients designated by the Client to be notified in connection with each such 9-1-1 call (collectively, “Designated Client Recipients”). All of the above-referenced information associated with Subscriber’s mobile phone or other device, including, but not limited to, mobile phone number, Location Information and any other messages, photos and other information submitted by Subscriber in connection with any activation of the Panic Button App are herein collectively referred to as “Subscriber Information”.

YOU, AS A SUBSCRIBER, ACKNOWLEDGE AND AGREE THAT BY REGISTERING FOR AND DOWNLOADING THE PANIC BUTTON APP AND ANY OTHER SERVICES, YOU PROVIDE CONSENT TO RELEASE ALL SUBSCRIBER INFORMATION TO LOCAL 9-1-1 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED CLIENT RECIPIENTS IN ACCORDANCE WITH THE SPECIFIC SERVICES OPTED IN BY SUBSCRIBER. RAVE DOES NOT GUARANTEE DELIVERY OF ANY 9-1-1 CALL OR ANY SUBSCRIBER INFORMATION AND HAS NO CONTROL OVER THE MANNER IN WHICH 9-1-1 CALLS ARE ROUTED.

YOU UNDERSTAND THAT RAVE IS NOT ABLE TO LOCATE ALL 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 OR DEVICE LIMITATIONS. YOU FURTHER UNDERSTAND AND AGREE THAT NOT ALL LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS HAVE ACCESS TO THE SERVICES AND THAT THE SERVICES MAY NOT BE UTILIZED BY LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS THAT DO HAVE SUCH ACCESS. Rave cannot control the manner in which emergency services are rendered, and therefore cannot guarantee that Local 9-1-1 Call Centers, Emergency Service Providers, or Clients will utilize the Subscriber Information in connection with their response to any activation of the Panic Button App.

Only Client is licensed to authorize Subscribers to use Rave’s Services. Clients may include local municipalities, schools, businesses, or organizations that contract with Rave for the ability to authorize the use of Rave’s Services by Subscribers. All Clients are bound by a license agreement with

Rave, and agree to use Rave’s Services in accordance with the terms and conditions of such license agreement and all applicable laws and regulations.

Subscriber acknowledges and agrees that, by registering for and downloading the Panic Button App, it consents to be contacted through SMS, email, or voice call via an automated dialer using a pre-recorded message by Rave. The frequency of these messages will depend on how Subscriber uses the Services, and how frequently Emergency Service Providers or Clients send messages through the Services. Message and data rates may apply.

At any time you may stop text messages from being sent to your mobile phone by simply texting STOP to number from which you are receiving messages (e.g. 22911, 67283, and/or 226787), after which time you will no longer receive text messages from the Services. Text INFO or HELP to 22911, 67283, or 226787 from your registered mobile phone and you will be sent a text message with simple instructions.

SUBSCRIBER RESPONSIBILITIES

EACH SUBSCRIBER UNDERSTANDS AND AGREES THAT SERVICES PROVIDED BY RAVE ARE NOT AVAILABLE IN ALL AREAS. Each Subscriber understands and agrees that many of the Services provided by Rave are subscription based-services which are only available if purchased by both Client and Emergency Service Provider(s). Each Subscriber understands and agrees that it is Subscriber’s responsibility to ensure that the Panic Button App is properly installed, configured, and that its mobile phone number is verified by Rave.

Each Subscriber understands and agrees that by registering for and downloading the Panic Button App you are agreeing to make your Subscriber Information available to Local 9-1-1 Centers, Emergency Service Providers and Designated Client Recipients in connection with each activation of the Panic Button App.

EACH SUBSCRIBER UNDERSTANDS AND AGREES THAT PARTICIPATION IN SERVICES DOES NOT CONSTITUTE AN AGREEMENT BETWEEN YOU AND ANY LOCAL 9-1-1 CALL CENTERS AND/OR EMERGENCY SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT RELY ON THE SERVICES AS THE SOLE MEANS BY WHICH YOU WILL COMMUNICATE INFORMATION TO ANY LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT OTHER METHODS OF SUPPLYING INFORMATION TO LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDERS ARE AVAILABLE TO YOU, INCLUDING THE VERBAL TRANSMISSION OF INFORMATION OVER THE PHONE WHEN MAKING A 9-1-1 CALL. THE SERVICES CANNOT AND DO NOT REPLACE, AND ARE NOT INTENDED TO REPLACE,

YOUR VERBAL PROVISION OF YOUR MOBILE PHONE NUMBER AND OTHER SUBSCRIBER INFORMATION TO THE LOCAL 9-1-1 CALL CENTER AND EMERGENCY SERVICE PROVIDERS 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.

YOU UNDERSTAND AND AGREE THAT RAVE DOES NOT HAVE CONTROL OVER THE NETWORKS, EQUIPMENT OR FACILITIES OF TELEPHONE SERVICE PROVIDERS OR OVER EMERGENCY SERVICE PROVIDER 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 SERVICE PROVIDER, COLLECTING MOBILE PHONE LOCATION INFORMATION, DELIVERING NOTIFICATIONS TO DESIGNATED CLIENT RECIPIENTS OR DELIVERING SUBSCRIBER INFORMATION TO ANY LOCAL 9-1-1 CENTER OR EMERGENCY SERVICE PROVIDERS. RAVE, THEREFORE, MAY NOT ALWAYS BE ABLE TO NOTIFY LOCAL 9-1-1 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED CLIENT RECIPIENTS OR ENABLE CALLS TO 9-1-1 THROUGH THE PANIC BUTTON APP.

YOU UNDERSTAND AND AGREE THAT RAVE IS NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF ANY LOCAL 9-1-1 CALL CENTER, EMERGENCY SERVICE PROVIDERS AND DESIGNATED CLIENT RECIPIENTS. RAVE CANNOT GUARANTEE DELIVERY OF ANY SUBSCRIBER INFORMATION IN CONNECTION WITH ANY ACTIVATION OF THE PANIC BUTTON APP AND IS NOT RESPONSIBLE FOR ANY INTERACTION OR LACK THEREOF BETWEEN ANY LOCAL 9-1-1 CALL CENTER AND ANY EMERGENCY SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT YOU MAY NEED TO PROVIDE THE MOBILE PHONE NUMBER FOR A SUBSCRIBER MOBILE PHONE OR OTHER DEVICE VERBALLY TO A LOCAL 9-1-1 CENTER AND ANY EMERGENCY SERVICE PROVIDERS.

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED FOR CONVENIENCE ONLY. THE SERVICES DO NOT REPLACE DIALING 9-1-1 IN THE EVENT YOU REQUIRE IMMEDIATE ASSISTANCE. THE SERVICES MUST NOT BE RELIED UPON TO PROVIDE EMERGENCY RESPONSE SERVICES. SUCH EMERGENCY RESPONSE SERVICES CAN ONLY BE ACCESSED BY PLACING A DIRECT CALL TO 9-1-1. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR UPDATING THE REGISTRATION OF YOUR MOBILE PHONE AND ANY OTHER DEVICES IN RAVE’S DATABASES TO ACCOUNT FOR ANY CHANGE IN THE PHONE NUMBER ASSOCIATED WITH SUCH PHONE AND OTHER DEVICES.

Each Subscriber understands and agrees that Rave 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 Rave. Each Subscriber understands and agrees that Rave reserves the right to suspend Subscriber’s use of the Panic Button App for any mobile phone number that is no longer valid or if the location tracking setting on Subscriber’s phone is disabled or otherwise tampered with in any way. Furthermore, Rave reserves the right to suspend or immediately terminate any Subscriber’s use of the Panic Button App if such Subscriber’s acts or pattern of activity interfere or threaten to interfere in any manner with any Local 9-1-1 Call Center, Emergency Service Provider or Rave’s ability to provide Services to its Subscribers, Clients or Emergency Service Providers.

You agree that you will not:

• Attempt to gain unauthorized access to any portion of the Services;
• Attempt to reverse engineer, decompile, disassemble, or otherwise decode any portion of the Services;
• Perform any actions which would interfere with the proper working of the Services;
• Knowingly restrict or inhibit any other Client or Subscriber from using and enjoying the Services;
• Use the Services to send altered, deceptive or false source-identifying information;
• Copy, modify, distribute, sell, or lease any portion of the Services.

SUBSCRIBER INFORMATION AND MAINTENANCE

AS A SUBSCRIBER, YOU UNDERSTAND AND ACCEPT FULL LEGAL RESPONSIBILITY FOR THE CONTENT, ACCURACY, AND SUFFICIENCY OF ALL SUBSCRIBER INFORMATION. All Subscriber Information is subject to Rave’s then-current Privacy Policy.

YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.

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

IT IS YOUR RESPONSIBILITY TO CORRECT YOUR SUBSCRIBER INFORMATION WHEN THE INFORMATION YOU HAVE PROVIDED IS OR BECOMES INACCURATE. CREATING ANY INTENTIONALLY MISLEADING SUBSCRIBER INFORMATION OR PROVIDING ANY INTENTIONALLY MISLEADING INFORMATION TO LOCAL 9-1-1 CALL CENTERS OR EMERGENCY SERVICE PROVIDERS IS POTENTIALLY A CRIME AND IS GROUNDS FOR TERMINATION OF SERVICES. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE SERVICES DO NOT VERIFY OR UPDATE YOUR SUBSCRIBER INFORMATION FOR YOU. Subscriber must confirm, at least once every six (6) months, that its mobile phone number is accurate. Failure to do so may prevent your mobile phone number from being provided to any Local 9-1-1 Call Center and Emergency Service Providers.

YOU AGREE YOUR SUBSCRIBER INFORMATION WILL ONLY INCLUDE INFORMATION ABOUT ADULTS AND/OR CHILDREN FOR WHOM YOU HAVE APPROPRIATE LEGAL RESPONSIBILITY OR APPROPRIATE PRIOR CONSENT, AND THAT THE SUBSCRIBER INFORMATION DOES NOT INFRINGE OR INVADE THE PRIVACY OF ANY SUCH PERSON.

You understand and agree that it is solely your responsibility to take appropriate precautions to ensure that your Subscriber phone number is not used by any unauthorized person to register for and download the Panic Button App.

You understand and agree that once the content of your Subscriber Information is made available to any Local 9-1-1 Call Center, Emergency Service Providers and Designated Client Recipients, it may be transmitted over unsecured Emergency Service Provider radios or may otherwise be made accessible through unsecured communications as part of the information disseminated to or by any such Local 9-1-1 Center, Emergency Service Providers or Designated Client Recipients responding to 9-1-1 call or to an emergency. You further understand that the content of the Subscriber Information may also be stored as part of a public record associated with an emergency call if required by local statutes.

YOU UNDERSTAND AND AGREE AND HEREBY AUTHORIZE RAVE TO RELEASE AND DISCLOSE YOUR SUBSCRIBER INFORMATION TO LOCAL 9-1-1 CALL CENTERS, EMERGENCY SERVICE PROVIDERS AND DESIGNATED CLIENT RECIPIENTS WHERE TECHNOLOGICALLY POSSIBLE.

YOU UNDERSTAND AND AGREE THAT THE LOCAL 9-1-1 CALL CENTERS, EMERGENCY SERVICES PROVIDERS AND DESIGNATED CLIENT RECIPIENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY DUTY TO CONTACT OR TO NOTIFY ANY OF YOUR PERSONAL CONTACTS THAT YOU MIGHT BE INVOLVED IN ANY EMERGENCY SITUATION, WHETHER OR NOT YOU MAY HAVE CALLED 9-1-1, OTHERWISE CALLED OR CONTACTED A LOCAL 9-1-1 CALL CENTER OR EMERGENCY SERVICE PROVIDER, OR HAD YOUR SUBSCRIBER INFORMATION PRESENTED TO ANY LOCAL 9-1-1 CALL CENTERS OR EMERGENCY SERVICE PROVIDERS BY SERVICES.

You may terminate your use of the Services by uninstalling the Panic Button App on your mobile phone. If you terminate all or a part of your Services, or if your Service is terminated for any other reason (including but not limited to termination of Services by any Local 9-1-1 Call Center, Emergency Service Provider or Client), then Rave will no longer provide you with Services or provide your Subscriber Information to any Local 9-1-1 Centers, Emergency Service Providers or Designated Client Recipients.

LOCATION INFORMATION AND SMS TEXT COMMUNICATIONS

YOU UNDERSTAND AND AGREE TO MANAGE YOUR TELEPHONE SERVICE PROVIDER ACCOUNT, ACCOUNT SUBSCRIPTIONS, AND SUBSCRIBER LOCATION OPT-IN STATUS AS REQUIRED TO ALLOW THE SERVICES TO LOCATE AND COMMUNICATE WITH YOUR MOBILE PHONE. THESE ACTIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, ENSURING YOU HAVE ANY NECESSARY SMS TEXT MESSAGING OR DATA PLANS ENABLED ON YOUR MOBILE TELEPHONE SERVICE PROVIDER ACCOUNT, ENSURING YOUR ACCOUNT AND MOBILE PHONE LOCATION PRIVACY OPTIONS ARE CONFIGURED TO ALLOW SERVICES TO RETRIEVE YOUR LOCATION, AND THAT ANY SOFTWARE REQUIRED TO SUPPORT LOCATION IS INSTALLED AND MAINTAINED ON YOUR MOBILE PHONE AND OTHER DEVICES.

YOU UNDERSTAND AND AGREE THAT SERVICES CANNOT LOCATE ALL MOBILE DEVICES. FURTHERMORE, DEVICES WHICH ARE LOCATION COMPATIBLE MAY NOT BE LOCATABLE BY SERVICES OR THE TELEPHONE SERVICE PROVIDER. YOU UNDERSTAND THAT ANY LOCATION PROVIDED IS APPROXIMATE AND DOES NOT PROVIDE GUARANTEED RESULTS. A VARIETY OF FACTORS AFFECT THE AVAILABILITY OF MOBILE LOCATION. YOUR MOBILE DEVICE MUST BE TURNED ON, CHARGED AND LOCATED WITHIN A SUPPORTED MOBILE NETWORK COVERAGE AREA, AMONG OTHER FACTORS. AVAILABILITY AND ACCURACY OF ANY AVAILABLE LOCATION INFORMATION IS SUBJECT TO NETWORK CAPABILITIES, ENVIRONMENTAL CONDITIONS SUCH AS STRUCTURES, BUILDINGS, WEATHER, GEOGRAPHY, LANDSCAPE, AND TOPOGRAPHY, AVAILABLE DATA, ATMOSPHERIC CONDITIONS AND OTHER FACTORS ASSOCIATED WITH USE OF MOBILE NETWORKS, SATELLITES AND SATELLITE DATA. SERVICES CANNOT LOCATE DEVICES THAT ARE NOT IN THE UNITED STATES. AVAILABILITY, SECURITY, SPEED, TIMELINESS, ACCURACY AND RELIABILITY OF SERVICE ARE NOT GUARANTEED.

YOU UNDERSTAND AND AGREE THAT THE PANIC BUTTON APP DOES NOT ALLOW YOU TO INITIATE A REQUEST FOR ASSISTANCE VIA SMS TEXT MESSAGE. IN AN EMERGENCY, YOU MUST PLACE A PHONE CALL TO 9-1-1. SHOULD AN EMERGENCY SERVICE PROVIDER ATTEMPT TO COMMUNICATE WITH YOU VIA SMS TEXT MESSAGE, YOU MAY BE REQUIRED TO TERMINATE THE 9-1-1 CALL, AND TAKE THE STEPS NECESSARY TO EXIT YOUR PHONE FROM EMERGENCY MODE. REGARDLESS, ALL SMS COMMUNICATIONS 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 EMERGENCY SERVICE PROVIDERS.

LIMITATIONS

SUBSCRIBER UNDERSTANDS AND AGREES THAT RAVE, THE TELEPHONE SERVICE PROVIDER(S) FOR A SUBSCRIBER PHONE, ANY LOCAL 9-1-1 CALL CENTERS AND EMERGENCY SERVICE PROVIDER(S), AND ANY CLIENT AND DESIGNATED CLIENT RECIPIENTS, (INCLUDING WITHOUT LIMITATION THE OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, SUCCESSORS, ASSIGNS, AND/OR POLITICAL SUBDIVISIONS OF EACH OF THE FOREGOING), WHERE IT IS POSSIBLE TO DO SO, (A) ARE INTENDED TO BE AND SHALL BE REGARDED AS DIRECT AND/OR THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT BETWEEN SUBSCRIBER AND RAVE, (B) RESERVE AND MAY ASSERT AGAINST SUBSCRIBER, THEIR RESPECTIVE HEIRS AND ASSIGNS, ALL OF THE DEFENSES, LIMITATIONS OF SERVICE, DISCLAIMERS AND LIMITATIONS OF LIABILITY, EXCLUSIONS OF DAMAGES, AND DISCLAIMERS OF WARRANTIES THAT ARE CONTAINED IN THIS AGREEMENT, AND © DO NOT SURRENDER OR RELINQUISH IN ANY MANNER ANY CLAIMS OR DEFENSES THEY MAY OTHERWISE BE ABLE TO ASSERT AGAINST SUBSCRIBER, THEIR RESPECTIVE HEIRS AND ASSIGNS.

ALL SUBSCRIBERS UNDERSTAND AND AGREE THAT RAVE, ALONG WITH ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, PARENTS, SUCCESSORS AND ASSIGNS (THE “RELEASEES”) DISCLAIM ANY AND ALL LIABILITY, WHATSOEVER, WHETHER RAISED BY A THIRD PARTY OR OTHERWISE, FOR ANY AND ALL REASONS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH OR LOSS, INFRINGEMENT, INVASION OF PRIVACY, PROPERTY DAMAGE, AND INTERRUPTION TO BUSINESS, TO ANY SUBSCRIBER, THEIR RESPECTIVE HEIRS AND ASSIGNS, WHICH MAY RESULT FROM THE USE OR ANY ERRORS OR OMISSIONS OF THE SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE OR PROVIDE ANY INFORMATION THROUGH THE SERVICES.

ALL SUBSCRIBERS UNDERSTAND AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE, WAIVE, DISCHARGE, COVENENANT NOT TO SUE, AND HOLD HARMLESS ANY AND ALL RELEASEES FROM ANY AND ALL LIABILITY, LOSS, DAMAGE OR COST OF EVERY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, AND FROM ANY AND ALL PRESENT AND FUTURE CLAIMS, DEMANDS, CAUSES OF ACTION, AND LAWSUITS THEREFOR, IN LAW OR EQUITY, BY ANY SUBSCRIBER OR BY ANY OTHER PERSON OR PERSONS CLAIMING THROUGH A SUBSCRIBER, FOR ANY LOSS, INFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE DISCLOSURE OF ANY SUBSCRIBER INFORMATION.

YOU AGREE TO INDEMNIFY EACH RELEASEE FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES) OF ANY KIND ARISING FROM OR ATTRIBUTABLE TO (A) ANY BREACH OF THIS AGREEMENT BY YOU OR (B) ANY THIRD-PARTY CLAIM AGAINST A RELEASEE RELATING TO YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY RELEASEE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL INFORMATION, OR BUSINESS INTERRUPTION) FROM OR DUE TO THE USE, MISUSE OR INABILITY TO USE THE SERVICES, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

RAVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, 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, AVAILABILITY, AND ACCURACY.

MISCELLANEOUS PROVISIONS

You agree that any dispute arising under these Terms or the Privacy Policy shall be submitted to binding arbitration according to the rules and regulations of, and administered by, the American Arbitration Association, and that any award granted pursuant to such arbitration may be rendered to final judgment. If any dispute arises hereunder, the prevailing party shall be entitled to all costs and attorney’s fees from the losing party for enforcement of any right included in this Agreement, whether in Arbitration, a Court of first jurisdiction and all Courts of Appeal. These Terms and the Privacy Policy shall be governed under the laws of Massachusetts, without regards to conflict of law principles, and the venue for any disputes hereunder shall be in Framingham, Middlesex County, Massachusetts, or the federal courts encompassing such venue.

In the event any provision of these Terms or the Privacy Policy is determined by an arbitrator or court of competent jurisdiction to be void, the remaining provisions of this Agreement shall remain binding on the parties hereto with the same effect as though the void provision(s) had been limited or deleted, as applicable. Any provisions of this Agreement that, by their nature, are intended to survive the termination of Services, including without limitation, the provisions of the Section above entitled “LIMITATIONS” shall survive any such termination without limitation.

Certain obligations set forth herein represent independent covenants by which you may be bound and shall remain bound regardless of any breach of these Terms and the Privacy Policy and shall survive termination of these Terms.

Rave reserves the right to modify any portion of these Terms or the Privacy Policy at any time by posting the revised Terms here. Your continued use of any of the Services following any such posting constitutes your acceptance of the revised Terms and Privacy Policy.

Rave may assign these Terms in its sole discretion. You are not permitted to assign these Terms without the prior written consent of Rave. The failure by Rave to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

The section headings in this Agreement are provided solely for the convenience of the Subscriber and do not constitute or modify the provisions of this Agreement.

You understand and agree that Rave 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 or email message. Your ability to opt out of these communications will be governed by applicable laws and Rave’s policies. Notices texted or emailed to you will be deemed given and received when the text or email is sent. Rave has no obligation to provide notice by U.S. Mail or any other means even if its attempt to transmit such communication to a Subscriber’s phone or email address fails for any reason. Rave may, but is not obligated to, undertake repeated efforts to send such communications to Subscribers if it receives notification that the attempted electronic communication failed for any reason.

Any notices to Rave shall be in writing, and shall be deemed delivered upon: (a) personal delivery, if delivered by hand during ordinary business hours; (b) the day of actual delivery if sent by U.S. Mail, postage pre-paid; © the day of signed receipt if sent by certified mail, postage pre-paid, or other nationally recognized carrier, return receipt or signature provided and addressed to the Rave as follows: Rave Mobile Safety, 492 Old Connecticut Path, 2nd Floor, Framingham, MA 01701, Attention: Legal Department. Additional terms regulating the handling of Subscriber’s personal information are contained in the Privacy Policy located here: http://www.ravepanicbutton.com/privacy-policy. By accepting this Agreement, you are also acknowledging that you have reviewed and are accepting the Privacy Policy.

For Subscribers, these Terms and the Privacy Policy, constitutes the entire agreement between you and Rave with respect to the Services and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms or the Privacy Policy will be effective only if in writing and signed by Rave.