1. Auto911 Service Overview
“Emergency Service Providers” are safety or emergency response providers, including, without limitation, 9-1-1 or equivalent fire, police, emergency medical, emergency management, campus safety officials, public health services, or a monitoring service or central station
“Notification Providers” are entities that use the Auto911 Service to send emergency and general interest notifications and updates
Emergency Data is defined as any data transmitted to you, your first responders, your operators, or your administrators during the course of an incident or available to you generally via the Volt system, such as but not limited to video recordings, snapshots, links, etc.
2. Auto911 Service Within the Platform
Access to the Auto911 Service has been made available to you as a separate feature that is part of the value-added services provided by the Volt on the Volt Platform (“Platform”). These services depend on 3rd party software, and are subject to the agreements between Volt and the 3rd party provider, in addition to these Additional Terms.
You must meet the eligibility requirements in the Base Terms. By agreeing to these Additional Terms, you represent and warrant that: (a) you have not previously been suspended or removed from the Auto911 Service; similar services such as those offered by competitors; and (b) your registration and use of the Auto911 Service complies with all applicable laws and regulations.
4. Prohibited Conduct.
BY USING THE Auto911 SERVICE YOU AGREE NOT TO:
4.1 use the Auto911 Service or any of the Emergency Data to which you have access via the A Auto911 Service for any illegal purpose or in violation of any local, state, national, or international law;
4.2 violate or encourage others to violate any right of a third party, including by infringing or misappropriating any third party intellectual property right;
4.3 interfere with security-related features of the Services or the Auto911 Service, including by: (a) disabling or circumventing features that prevent or limit the use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Services or the Auto911 Service except to the extent that the activity is expressly permitted by applicable law;
4.4 interfere with the operation of the VOLT Platform or the Auto911 Service or any other user’s enjoyment of the Auto911 Platform or the Auto911 Service, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Auto911 Platform or the Auto911 Service; (c) attempting to collect, personal information about another user or third-party without appropriate authorization; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Auto911 Platform or the Auto911 Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
4.5 perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other VOLT Service or VOLT Platform account without permission;
4.6 sell or otherwise transfer the access granted under these Terms or sell or transfer access to any of the Emergency Data or any other Materials (as defined in below) or any right or ability to view, access, or use any of the Emergency Data or Material.
5. Third-Party Auto911 Services
VOLT shall provide tools through the Auto911 Service that enable you to export information, including your account information, to third-party services, including, but not limited to, the Auto911 Platform. You agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information. The Auto911 Service also contains links to third-party websites. Linked websites are not under our control, we are not responsible for their content, and we are not responsible for any security protocols (or lack of security protocols) on such linked websites.
6. Termination of Use; Discontinuation and Modification of the Auto911 Service
We reserve the right to modify or discontinue the Auto911 Service at any time (including by limiting or discontinuing certain features of the Auto911 Service) without notice to you. Volt may decide to charge a fee for the use of all or certain features, and you will be provided with prior notice before such fees take effect. We will have no liability whatsoever relating to any change to the Auto911 Service.
To these ends, we may disclose your Personal Information to the following categories of third parties:
Emergency Responders. We share Personal Information with EmergencyResponders in order to enhance emergency response, facilitatecommunication during an emergency, and facilitateemergency-preparedness-related communication.
Our service providers. VOLT service providers may have access to certain Personal Information as needed to assist VOLT in providing Services and to operate our business. Our service providers are contractually required to keep this information confidential and secure and are prohibited from using or disclosing this data for any purpose other than carrying out the services that they are performing for us.
Other entities in connection with corporate reorganization. VOLT may disclose Personal Information in connection with any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
8. Modification of these Terms
We reserve the right, at our discretion, to change the Base Terms or these Additional Terms on a going-forward basis at any time. Please check the Base Terms or these Additional Terms periodically for changes. Continued use of the Auto911 Service following such material modifications will be deemed your acceptance of the modified Base Terms or Additional Terms. Immaterial modifications are effective upon publication. Disputes arising under these Additional Terms will be resolved in accordance with the version of these Additional Terms that was in effect at the time the dispute arose.
9. Ownership; Proprietary Rights
You agree that you will be responsible for your use of the Auto911 Service, and you agree to defend and indemnify VOLT and each of their officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the ”Indemnitees”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Auto911 Service or the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third-party including, but not limited to, the Platform Provider. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. This obligation shall survive termination of the Terms, the Additional Terms, or your use of the Auto911 Service.
11. Disclaimers; No Warranties
BY USING THE Auto911 SERVICE, YOU AGREE THAT VOLT CANNOT CONTROL THE MANNER IN WHICH EMERGENCY SERVICES ARE RENDERED, AND, THEREFORE, CANNOT AND DOES NOT GUARANTEE THAT EMERGENCY SERVICE PROVIDERS WILL UTILIZE THE INFORMATION PROVIDED. NOT ALL EMERGENCY SERVICE PROVIDERS HAVE ACCESS TO THE Auto911 SERVICE, AND THE Auto911 SERVICE MAY NOT BE UTILIZED BY EMERGENCY SERVICE PROVIDERS THAT DO HAVE ACCESS.
USE OF THE Auto911 SERVICE DOES NOT CONSTITUTE AN AGREEMENT BETWEEN YOU AND EMERGENCY SERVICE PROVIDERS, NOTIFICATION PROVIDERS, THE PLATFORM PROVIDER, OR OTHER USERS. YOU WILL NOT RELY ON THE Auto911 SERVICE AS THE SOLE MEANS BY WHICH YOU WILL COMMUNICATE INFORMATION TO EMERGENCY SERVICE PROVIDERS OR NOTIFICATION PROVIDERS. VOLT IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY EMERGENCY SERVICE PROVIDER, NOTIFICATION PROVIDER, THE PLATFORM PROVIDER, OR OTHER USERS OF THE Auto911 SERVICE. VOLT DOES NOT GUARANTEE DELIVERY OF ANY MESSAGE OR INFORMATION AND IS NOT RESPONSIBLE FOR ANY ACTION OR OMISSION BETWEEN OR AMONG USERS OF THE SYSTEM. VOLT DOES NOT HAVE CONTROL OVER THE VOIP SERVICE, TELEPHONE SERVICE, INTERNET SERVICE PROVIDERS, OR OTHER Emergency DATA SOURCE NECESSARY FOR PROVIDING THE Auto911 SERVICE, AND ANY FAILURE DUE TO A THIRD-PARTY SERVICE PROVIDER IS NOT THE RESPONSIBILITY OF VOLT. VOLT IS NOT A TELEPHONE COMPANY, INTERNET PROVIDER, WIRELESS NETWORK PROVIDER, OR OTHER TELECOMMUNICATIONS SERVICE PROVIDER. ADDITIONALLY, IT IS YOUR RESPONSIBILITY TO PROVIDE AND MAINTAIN A RELIABLE POWER SOURCE AND NETWORK CONNECTION FOR ANY SYSTEMS THAT ARE CONNECTED TO THE VOLT SYSTEMS OR SERVICES.
YOU ARE RESPONSIBLE FOR MANAGING YOUR TELEPHONE SERVICE PROVIDER ACCOUNT, INTERNET SERVICE PROVIDER ACCOUNT, ACCOUNT SUBSCRIPTIONS, LOCATION TRACKING, AND OTHER OPT-IN STATUSES AS REQUIRED TO ALLOW THE Auto911 SERVICES TO LOCATE AND COMMUNICATE WITH YOUR PHONE OR OTHER CONNECTED DEVICE. DEVICES THAT ARE LOCATION COMPATIBLE MAY NOT BE LOCATABLE BY THE Auto911 SERVICE OR THE TELEPHONE Auto911 SERVICE PROVIDER, OR INTERNET SERVICE PROVIDER AT ALL TIMES. ANY LOCATION PROVIDED IS APPROXIMATE AND DOES NOT PROVIDE GUARANTEED RESULTS. ANY ADDITIONAL INFORMATION PROVIDED OTHER THAN LOCATION DATA IS NOT GUARANTEED AND RELIES ON THE ACCURACY OF INFORMATION PROVIDED TO THE Auto911 SERVICE BY YOU OR A PLATFORM PROVIDER.
THE Auto911 SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE VOLT PORTAL ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A COMMERCIAL AGREEMENT, VOLT DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE Auto911 SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE Auto911 SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. VOLT DOES NOT WARRANT THAT THE Auto911 SERVICE OR ANY PORTION OF THE Auto911 SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE Auto911 SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. Limitation of Liability
IN NO EVENT WILL VOLT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE Auto911 SERVICE OR ANY MATERIALS OR CONTENT ON THE VOLT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOLT HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. YOU UNDERSTAND AND AGREE THAT VOLT IS NOT OBLIGATED TO NOTIFY OR DISPATCH MEDICAL, FIRE, OR POLICE ASSISTANCE AND THAT VOLT SHALL HAVE NO LIABILITY FOR FAILING TO DO SO OR FOR MEDICAL, FIRE, OR POLICE ASSISTANCE NOT RECEIVING SUCH NOTIFICATION OR NOT ACTING ON SUCH NOTIFICATION. IF VOLT ELECTS TO NOTIFY MEDICAL, FIRE, OR POLICE ASSISTANCE, VOLT LIABILITY FOR DOING SO SHALL BE LIMITED AS SET FORTH HEREIN AND Auto911 TAKES NO RESPONSIBILITY FOR ANY FIRST RESPONDERS’ OR EMERGENCY ASSISTANCE RESPONSE TO SUCH A SIGNAL.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE INDEMNITEES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE Auto911 SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID DIRECTLY TO VOLT FOR ACCESS TO AND USE OF THE Auto911 SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. False Alarms
In the event the System is activated for any reason outside the need for emergency assistance (a “False Alarm”), the CUSTOMER shall be responsible for any fines, fees, costs, expenses, and penalties assessed against the CUSTOMER, or VOLT by any court, governmental agency, or municipality in connection with such False Alarm.