Terms of Service

As consideration for eligibility to use the Dynamic Emergency Alert Network ("Dean Alert") website and services (the "Service") you ("You") agree to be bound by the following Terms of Service ("Terms"). It is important that You read each of the following Terms, as the Terms represent a legal agreement between You and Dean Alert regarding your use of the Service.

1. Eligibility.

1. You may not agree to these terms if you are not at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, your parent or legal guardian must agree to these Terms on your behalf. By agreeing to the Terms and/or using the Service, You represent to Dean Alert that You are either at least eighteen (18) years of age, or your parent or legal guardian has agreed to these Terms on your behalf.
2. You must be a registered user (a "Registrant").
3. You must be a human. You may not use an automated method to register or to use the Service.
4. You must agree to these Terms in order to use the Service. You may agree to these Terms during registration by checking the box that provides "[You] have read and agree to the privacy policy and terms of service." Use of the Service also represents your acceptance of these Terms, irrespective of whether You have registered.
5. You must provide information requested by Dean Alert in order to complete registration. Information You provide must be complete and accurate.
6. Your acceptance of these Terms only grants You eligibility to use the Service. No other person or entity is eligible to use the Service by use of your account.
7. You shall not maintain more than one account.

2. Provision of Service by Dean Alert.

1. While Dean Alert prohibits certain conduct and content posted on the Service ("Content"), Dean Alert is not responsible for such Content. Therefore, use of the Service is at your own risk of exposure to materials that may be dangerous, harmful, and/or offensive. You are solely responsible for assuming the risk exposure to materials that may be dangerous, harmful, and/or offensive when you use the Service.
2. Dean Alert does not pre-screen Content, but has the right to refuse or remove any content posted on the Service at its sole discretion.
3. Dean Alert may alter or update the Service at any time without prior notice. Any changes to Service shall be subject to these Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://deanalert.com/scripts/poptos.php
4. Dean Alert may cease to provide the Service or any features within the Services at any time without prior notice, and for any reason. If Dean Alert ceases to provide Service You may be prevented from accessing the Service, and any Content or data therein will no longer be accessible to you. In the event that Service is permanently terminated, your account will be deactivated and all Content will be relinquished, forfeited, and/or deleted.
5. Dean Alert may terminate or refuse anyone's Service at any time and for any reason, including for your violation of these Terms.

3. Use of the Service by You.

1. You are responsible for any Content posted under your account, irrespective of your actions, or your knowledge of others acting on your behalf.
2. You may not use the Service for any illegal or unauthorized purpose. You agree to use the Service in a lawful manner, and only for the purposes intended and permitted by these Terms.
3. You can terminate your account at any time by removing all your personal contact information in the Edit Contact Information page. Your account may not be terminated by your email or phone request to us.
4. Upon termination, your account will be deactivated and all Content therein will be permanently relinquished, forfeited, and/or deleted.

4. Security Obligations.

1. You are responsible for maintaining the security of your account and password.
2. Dean Alert shall not be liable for any loss or damages associated with your failure to comply with the Security Obligations

5. Proprietary Rights.

1. The visual design of the Service is copyright © 2007-2010 Dean Alert, LLC. All rights are reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Dean Alert.
2. We claim no intellectual property rights over the content you provide to the Service. Your profile and the materials you upload remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
3. Comments left on the Dean Alert website are, unless source quoted, licensed under a Creative Commons Public Domain License.
4. By using Dean Alert's services, You may be exposed to certain confidential and proprietary information belonging to Dean Alert that is not generally known to the public. You shall protect such confidential information from unauthorized disclosure to any third party, and not to use confidential information other than as authorized by these Terms, or with written consent of Dean Alert. Your obligations with respect to confidential information shall commence upon Your agreement of these Terms, and continue after termination of Service, until such information becomes publicly known other than by breach of these Terms by You.

6. Disclaimer of Representations and Warrants.

1. The Service is provided "as-is" and "as available." Dean Alert disclaims any express, implied, or statutory warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose. No advice or information given to You or any other Registrant by Dean Alert shall create any warranty not expressly stated in this Agreement. Dean Alert does not represent or warrant the quality, availability, or that any outcome will be achieved by using the Service. Dean Alert does not represent or warrant that the Service, or any Content provided by Registrants, will be free from error, interruption, deletion, defect, alteration, or delay. Dean Alert does not represent or warrant that there will not be transmission or communication failures; server or service provider failures; computer equipment or software failures; traffic congestion; unauthorized access to your account; theft, destruction or alteration of Content; or damage to Your computer resulting from your use of the Service.

7. Limitation of Liability.

1. You agree to hold Dean Alert harmless for any Content posted on the Service; any loss or damage resulting from any use of the Service; any interruptions to, or non-availability of, the Service. You agree to agree to hold Dean Alert harmless for any indirect, consequential, general, compensatory, exemplary, incidental, special or punitive damages, or lost revenues arising out of your use of the Service, including emotional distress, bodily or personal injury, death and/or damage, even if Dean Alert has been advised of the possibility of such damages.

8. Indemnification.

1. You agree to indemnify and hold harmless Dean Alert for any third party claim or demand asserted against You arising out of the your use of the Service. You shall indemnify and hold harmless Dean Alert for any judgment, costs, expenses, reasonable attorney's fees, arising out of the your use of the Service. Your indemnification obligations shall survive the termination of this Agreement.

9. General provisions.

1. Governing Law. These Terms shall be governed by the laws of the Commonwealth of Kentucky.
2. Assignment. Your account may not be assigned by You or by operation of law to any other person, firm, or corporation.
3. Merger. These Terms shall constitute the entire agreement between the parties and supersede all communications, negotiations, arrangements and agreements, whether oral or written, with respect to the subject matter of these Terms.
4. Survival of Certain Provisions. The Indemnification and Proprietary Information obligations specified in these Terms shall survive the termination of the account or use of the Service.