Terms of Use Welcome to 1st™ (the "Service", “1st” or “App”). This Service is provided by emAPPetizer Inc. (“emAPP”) ("we" or "us"). In exchange for access to the Service, users ("you") must agree to enter into this contract, called the Terms of Use, with us. This document, together with the End User License Agreement (“EULA”), and the information contained in or supplied through the Service, as defined below, (the “Agreement”) is a contract between you (the “User”) and emAPP which sets out the conditions associated with the use of the APP and Service. Please read all of the following terms and conditions carefully before using the Service. By using or accessing the APP and Service, you agree to all the terms and conditions stated in this Agreement. emAPP may amend this Agreement or any section of this Agreement, in whole or in part, at any time. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the APP and Service and uninstall the APP from your device. 1. User Conduct You agree and warrant that you will not use the Service in a manner that is illegal or otherwise inconsistent with these Terms of Use, or that we deem objectionable. We may restrict, suspend, or terminate your access to the Service without notice for any reason, including if we believe that you may have violated any law or these Terms of Use. You agree that you will only access the Service through the interfaces we provide. You agree not to "hack" or reverse-engineer the Service, take any action that could have the effect of damaging the Service or its security, or interfere with other users' use of the Service. You also agree not to cause or allow any computerized or mechanical process to access or to collect content from the Service, or to send unsolicited or unlawful e-mail, to or through the Service or with reference to us or the Service. You agree not to use or launch any automated system that accesses the APP and Service in a manner that sends more request messages to 1st or emAPP servers in a given period of time than a human can reasonably produce in the same period by using the APP. You may not rip content unless specifically permitted. You agree not to collect or harvest any personally identifiable information, including account names or user names from the APP or Service, to solicit for commercial purposes, nor to use the 1st communication systems for any commercial solicitation or spam purposes. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who are involved in such violations. We may require you to provide information about yourself as part of the registration process, or for various other reasons in connection with the Service. You agree that any such information you provide to us will be accurate and up to date. We may also ask or require you to use a password or other form of authentication to access or use the Service. You further agree to maintain the security of your password, and to notify us immediately if you suspect that your password or account has been compromised. You are solely responsible for all actions with respect to the Service that occur under your account. 2. Our Intellectual Property You agree to use the APP and this Service only for the agreed upon use between you or your enterprise and emAPP. We do not grant you a license to use this Service for any other purpose. Except as for agreed upon, and for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale without our permission. To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of this Service, please contact us. All rights in the product names, company names, trade names, logos, product packaging, and designs of all of our (or any third-party) products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of emAPPetizer Inc. or any third party. 3. User Content This APP and Service contains features that allow users to post their own content. Only individuals who have downloaded the APP, registered for the Service and having the necessary credentials and security clearances are permitted to post content on this Service. When your account is used to submit, post, or add content to this APP or a backend database ("User Submissions"), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein. This is an enterprise APP and Service and we require all users to abide by appropriate enterprise and company standards. By using the APP and Service, you agree and warrant that none of your User Submissions will: infringe on the intellectual property, trade secret, privacy, or publicity rights of others; 2.contain false statements or misrepresentations that could damage emAPP or any third party; 3.include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by emAPP in its sole discretion; 4.be illegal or otherwise objectionable to emAPP; or 5.include commercial advertisements or solicitations. Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms and Conditions or that we believe to be otherwise objectionable, we may reject or delete them, suspend or terminate your account, or take other action, without notice to you and in our sole discretion. If you notice that any other user's submissions appear to violate these Terms of Use, or if any other user ever makes you feel harassed or unsafe, please contact us. You understand and agree that User Submissions are neither owned by nor provided by emAPP, and that emAPP is in no way responsible for such User Submissions or any related conduct or practices. 4. Notice of Copyright Infringement If you believe in good faith that your copyrighted work has been reproduced on or linked from our APP or Service without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on the APP or Service that is requested to be removed; (c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Our copyright agent for notice of claims of infringement on this app is: Copyright Agent Legal Department emAPPetizer Inc. 520 – 1 Holiday Ave., West Tower, Pointe Claire, Québec, Canada H9R 5N3 You may also send claims to us by e-mail at info@1stincidentreporting.com, or by fax to 514-700-2277. Please call us for additional information relating to our process for claims of copyright infringement. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this APP or Service. We will remove any content that infringes upon the copyright of any person under the laws of Canada and the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3) for the U.S.), and will terminate the Service privileges of those who repeatedly infringe on the copyright of others. Canadian and United States law imposes substantial penalties for falsely submitting a notice of copyright infringement. 5. Informational Purposes Only The material on the APP and Service is provided for informational purposes only as a convenience for our users. Much of the information on the Service is provided by third parties. We do not review or verify the accuracy of the information and other material provided by third parties that appears on this APP or Service. You should not rely on this APP or Service except as an informational resource. The APP and Service may, as a convenience to users, provide links to third-party content and other web sites. We do not endorse, sponsor, or accept any responsibility for such material, and we are not responsible for the content or privacy practices of any linked sites. 6. Limitation of Liability You understand that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the APP or Service, for any reason, including costs incurred while using the APP or Service, the inaccessibility of the APP or Service, information posted on the APP or Service, or the costs associated with any claims you bring or try to bring against us. You understand and accept that we will not be responsible for any telephone call charges when a number is dial from within the APP, any data or bandwidth charges. You also understand and accept that 1st IS NOT an emergency communications system. For all emergency communications, please refer to your local authorities or enterprise policies. AS A RESULT, YOU UNDERSTAND AND ACCEPT THAT TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE INABILITY TO COMMUNICATE IN THE EVENT OF AN EMERGENCY, WITHOUT LIMITATION, MEDICAL, PHYSICAL, ENVIRONMENTAL, OR OTHER. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP OR SERVICE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE APP OR SERVICE, ANY LINKED SITES, ANY SERVICES, GOODS, OR EVENTS OFFERED ON OR IN CONNECTION WITH THE APP OR SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE APP OR SERVICE, YOU RELEASE US AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SUBSIDIARIES, PARENTS, PARTNERS, AND LICENSORS ("the emAPP PARTIES") FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL emAPP AND ITS SUPPLIERS HAVE ANY LIABILITY, WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, OR ANY OTHER BASIS, EVEN IF 1ST HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT THAT 1ST IS FOUND LIABLE TO PAY THE USER ANY DAMAGES, emAPP’S TOTAL CUMULATIVE LIABILITY TO THE USER UNDER THIS AGREEMENT SHALL NOT EXCEED $50. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 7. Indemnity You agree to defend, indemnify and hold harmless the emAPP PARTIES, their officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the User’s access to or use of the APP or Service. 8. Disclaimer of Warranties THIS APP AND SITE ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE APP, SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE APP OR SITE. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE APP AND SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE APP AND SITE OR OTHERWISE BY US, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE APP OR SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE APP OR SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE APP OR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE APP OR SERVICE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE APP OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS APP OR SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. The Service is controlled and offered by emAPP from its facilities in Canada. emAPP makes no representations that the 1st APP or Service is appropriate or available for use in other locations. Those who access or use the 1st Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. 9. Termination This agreement may be terminated by us for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination. 10. Governing Law / Entire Agreement Unless otherwise specified herein, you agree that any dispute between you and us will be governed by the law of the Province of Quebec, Canada, and that any legal action brought by one party against the other will be brought in the courts of the District of Montreal. Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to your use of the APP and Service, superseding any prior communications and proposals in any form between you and us. If any part of these Terms of Use is determined to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole. 11. Privacy Policy A separate document, the Privacy Policy, explains our handling of personal information we maintain about you while you use the Service. By using the Service, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the Service. If you have questions about our privacy policy, you can contact us as described below. 12. End User License Agreement (“EULA”) A separate document, the End User License Agreement (“EULA”), explains the rights granted to you for the usage of the APP. By using the Service, you indicate that you understand and agree to the rights granted to you, so you should review it before using the Service. If you have questions about the EULA, you can contact us as described below. 13. Changes From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of the Service constitutes your acknowledgment that you agree to this new agreement. Please periodically review the Terms of Use by clicking the "Terms of Use" button at the bottom of the web pages on the Service because this agreement is binding on you. 14. Additional Agreements From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Use and any additional agreement. 15. No Waiver You agree that our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches. 16. Miscellaneous You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your access to and use of the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement is the entire and exclusive agreement between you and emAPP regarding the APP and Service, and it supersedes and replaces any prior agreements between you and emAPP regarding the APP and Service. The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof be made in this language.  Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue. 17. Questions? If you have any questions about the above Terms of Use, please contact us before using the Service. By phone: (514) 700-2277, between 9 a.m. and 4:00 p.m., Eastern Standard Time By mail: emAPPetizer Inc. 520 - 1 Holiday Ave., West Tower Pointe Claire, Québec H9X 1P7 By e-mail: info@1stincidentreporting.com This Agreement was last updated on November 15th, 2016. © 2016 emAPPetizer Inc., All rights reserved. 1st™ and emAPP™ are a trademarks of emAPPetizer Inc., All rights reserved. emPOWERed by emAPPetizer Inc.™