Individual Subscriber and Hold Harmless Agreement governing use of the NotifyOnTheFly notification platform.
The Subscriber acknowledges and agrees that they are entering into this Subscription Agreement for the purpose of receiving real-time intelligent notifications delivered by the Company's platform. The Services include delivery of intelligent alerts to the contact information registered by the Subscriber, covering officially published emergency, severe weather, and other time-sensitive notifications sourced from state and federally authorised data sources, including but not limited to government agencies, emergency management authorities, and other officially recognised notification providers.
Notification delivery operates as follows:
Standard carrier fees for SMS text messaging may apply depending on the Subscriber's mobile service plan. It is the sole responsibility of the Subscriber to verify that the registered location shown on the mapping interface is accurate and reflects the correct address for which notifications are desired.
In exchange for access to the Services, the Subscriber agrees to remit payment to the Company in advance, at the subscription rate published on the Company's website, for each one (1) year subscription term. All payments must be made in valid United States currency via a credit or debit card account for which the Subscriber is an authorised user.
Subscribers who are unable to pay by card may arrange payment via certified check or money order, made payable to NotifyOnTheFly, delivered to the Company's registered mailing address as published on the Company's website. In certain geographic areas, all or part of the subscription fee may be sponsored or underwritten by a local broadcast media partner for Subscribers residing within that partner's coverage area.
The Subscription term commences upon the successful completion of registration and receipt of payment (the Subscription Date) and continues for a period of one (1) year, at which point it shall automatically renew unless the Subscriber provides notice of cancellation in accordance with Section 4. Service delivery will commence as promptly as practicable following registration and payment, subject to successful geo-coding of the Subscriber's registered street address to a precise latitude and longitude coordinate.
By subscribing, the Subscriber consents to receiving periodic email communications from the Company, including quarterly updates relating to the subscribed service and information about other NotifyOnTheFly products and offerings. The Subscriber may opt out of such communications at any time using the unsubscribe mechanism provided in each communication.
The Subscriber may cancel this Subscription Agreement at any time, with or without cause. However, the Company's subscription fees are non-refundable under any circumstances, and no partial or pro-rated refund will be issued for any unused portion of the subscription term.
To cancel, the Subscriber must submit written notice of termination to the Company at its corporate headquarters, the address for which is published on the Company's official website. Upon receipt and verification of a valid cancellation notice, the Company will discontinue the Services to all registered contact information associated with the Subscriber's account.
The Subscriber confirms that they have completed the subscription registration process in its entirety, including all required fields and any questions relating to the television, radio, digital, or other broadcast channel through which they first became aware of the Company's Services. The Subscriber further warrants and represents that all information submitted to the Company during and after registration is truthful, accurate, and complete, and that the Subscriber will promptly update such information should any details change.
The Subscriber acknowledges and agrees that neither the Company nor any affiliated local media partner (collectively, the Providers) shall bear any responsibility or liability for acts or omissions of the Subscriber, or for any failure or interruption of the Services arising from circumstances beyond the reasonable control of the Providers, including but not limited to labour disputes or strikes, acts of God or nature, telecommunications network outages or degradation, electrical power failures or blackouts, cyberattacks, or other force majeure events.
The Providers shall not be liable for any errors, omissions, inaccuracies, or deficiencies in the information delivered through the Services, nor for any direct, indirect, incidental, consequential, punitive, or special damages suffered by any person or entity arising from any act or omission of the Providers, except where such act or omission is found by a court of competent jurisdiction to have been wilful, wanton, reckless, or intentional in nature.
The Subscriber assumes full responsibility for ensuring that all contact information registered with the Company is accurate, complete, and kept up to date, and acknowledges that the Company bears no liability for missed notifications resulting from inaccurate or outdated Subscriber information.
This Subscription Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. Should any court of competent jurisdiction determine that any provision of this Agreement is unreasonable, void, or unenforceable, that provision shall be modified only to the minimum extent necessary to make it enforceable, and shall continue in full force and effect as so modified. All remaining provisions shall be unaffected and shall continue in full force and effect.
This Agreement constitutes the entire understanding between the Company and the Subscriber with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, representations, negotiations, and communications, whether oral or written, relating to the same subject matter. No modification or amendment to this Agreement shall be binding unless made in writing and duly executed by an authorised representative of the Company.