Website Terms of Use

The website located at https://www.emergencyreporting.com/ (the “Site”) is a copyrighted work belonging to Backdraft OpCo, LLC., State of Washington limited liability corporation, doing business as Emergency Reporting (“Emergency Reporting”)
These Terms of Use (the “Terms”) create a legal document between you and Emergency Reporting that governs your use of the Site. Emergency Reporting’s Privacy Policy be found on the Site at https://www.emergencyreporting.com/privacy-policy/ and provides our practices regarding the personal information we collect from users. By accessing any portion of the Site, you are agreeing that you have read, understand, and agree to abide by these Terms and our Privacy Policy. 
Emergency Reporting may change, add, or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.	Access to the Site. Subject to these Terms, Emergency Reporting grants you a non-transferable, non-exclusive, revocable, limited personal license to access, view, download and print information from the Site solely for noncommercial and informational purposes. 
2.	Minors. This Site and any services we provide are not targeted towards, nor intended for use by, anyone under the age of 18. If you are under the age of 18, you are not permitted to use our services. 
3.	Copyright.  Excluding any content that you may provide, you are aware that all copyright and any other intellectual property rights in the Site and its content are owned by Emergency Reporting or Emergency Reporting’s suppliers. Emergency Reporting and its suppliers reserve all rights not granted in these Terms. You may not modify the Site information in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with any information from the Site.
4.	Prohibited Uses. You agree not to use the Site in violation of any applicable law.  Without limiting the foregoing, you will not use the Site to violate any third-party right, to upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; to send through the Site any defamatory materials or unsolicited messages; to use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent;  to attempt to gain unauthorized access to the Site; or to harass or interfere with any other user’s use and enjoyment of the Site
5.	Third-Party Links. The Site may contain hyperlinks to third-party websites and services (“Third-Party Links”).  Such Third-Party Links are not under the control of Emergency Reporting, and you use all Third-Party Links at your own risk. Emergency Reporting provides access to these Third-Party Links only as a convenience to you, and does not review, endorse, or make any representations with respect to Third-Party Links.  Please review the applicable third party’s terms and policies prior to clicking through to their website.  
6.	Customers and Demo Users.  If you are a member of an account or a demo user of Emergency Reporting’s cloud-based reporting and records management solutions, additional terms and conditions will apply to you and can be found in the order form and/or terms of service documents.   
7.	Warranties. The Site is distributed on an "as is" basis without representations or warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of the site is at your sole risk. 
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  
7.	Limitation on Liability. To the maximum extent permitted by law, in no event shall Emergency Reporting or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or incapability to use the Site even if Emergency Reporting has been advised of the possibility of such damages.  Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8.	Indemnification. You agree to indemnify and hold Emergency Reporting, its directors, officers, employees, agents, and suppliers from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
9.	Dispute Resolution.  These Terms shall be governed in all respects by Washington law, excluding any conflict of laws principles that would require the application of the laws of another jurisdiction. The parties hereby submit to the personal jurisdiction of the state and federal courts in the State of Washington. 
10.	Validity. If any provision of this these Terms is held to be invalid or unenforceable by any court of competent jurisdiction, such provision will be deemed modified so as to be valid and enforceable to the greatest extent possible under applicable law, and the validity of the remaining provisions hereof shall not be affected thereby. 

Updated – November 11, 2019