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WELCOME TO ALERTWISCONSIN!
I understand the ALERTWisconsin – Camera System website exists to provide users
with information to confirm a fire exists only, and that ALERTWisconsin is not
intended to and should not be relied upon as a way to detect fires. By using
ALERTWisconsin, I expressly acknowledge that I have read and agree to be bound
by the Terms of Use below:
TERMS OF USE & ONLINE CODE OF CONDUCT
COMMAND AND CONTROL INTERFACE & AI
LAST UPDATED: MAY 9, 2024
In AlertWest, Inc.’s (“ALERTWest”, “we” “us” or “our”) efforts to support a
broad community of individuals involved in the prevention, monitoring, and
suppression of wildfires and other natural disasters, we have created these
Terms of Use and Online Code of Conduct (“Terms”). Our intent is to support
collaborative and productive interaction and monitoring, while protecting
community members’ privacy, rights and safety. Questions regarding these Terms
should be directed to support@alertwest.org.
These Terms are a legally binding agreement between you as the user and
AlertWest, Inc., as well as all their affiliates including DigitalPath, Inc. and
other subsidiaries (collectively, “ALERT Parties”). These Terms along with the
Privacy Policy available at https://alertwisconsin.live/privacy-policy govern
your access to and use of the website, https://alertwisconsin.live along with
other websites displaying content generated by ALERT Parties (the “Websites”)
and all other websites that include a link to these Terms, including but not
limited to any accessible software or services provided through the websites
(collectively, the “Sites and Services”. Please read these Terms carefully
before accessing and utilizing the features in The Sites and Services. In the
event you receive notifications of Anomalies (as defined below) and/or any other
digital communications from ALERT Parties, those communications shall be
governed by these Terms as well.
By accessing, visiting, or otherwise connecting to the Sites and Services, you
represent that you have read, understood, and agree to be bound by these Terms.
If you do not agree to any of these Terms, you may not use the Sites and
Services.
These Terms contain a binding arbitration agreement which limits your rights to
bring an action in court, bring a class action, and have disputes decided by a
judge or jury, as well as provisions that limit our liability to you.
Revision of Sites and Stoppage. ALERT Parties reserve the right to change or
modify these Terms in their sole discretion at any time. Any change or
modification to these Terms will be effective immediately upon updating these
Terms. For any material changes to these Terms, we will take reasonable steps to
notify you of such changes. In all cases, your continued use of the Sites and
Services after publication of such modifications constitutes a binding
acceptance of these modified Terms. ALERT Parties reserves the right to modify,
terminate, and suspend the operation of The Sites and Services or any portion of
The Sites and Services, without notice or liability, at any time and for any or
no reason in its sole and absolute discretion.
1. DEFINITIONS & USAGE
1.1. Intellectual Property or IP - means any and all intellectual property and
industrial property, and all related rights, interests, and protections, however
arising, pursuant to the laws of any jurisdiction throughout the world, all
registrations, applications for registration, and renewals of such rights, and
the goodwill connected with the use of and symbolized by any of the foregoing,
including any and all: inventions, technology, and other confidential and
proprietary information, whether or not patentable; and patents (including all
reissues, divisionals, continuations, continuations-in-part, and extensions
thereof); branding, logos, service marks and trademarks; copyrights and works of
authorship; mask works and mask work rights; confidential information,
commercial secrets, trade secrets and know-how; Software, databases and
algorithms; extensions, enhancements, improvements or derivative works; domain
names and web presence; advertising and promotional material; moral rights;
industrial designs and tangible and intangible representations and
manifestations of the foregoing.
1.2. Intellectual Property or IP Rights - All worldwide intellectual property
and intellectual property rights, and similar rights arising from or associated
with the following, whether protected, created, or arising under the laws of the
United States or any other jurisdiction, including: Patents, copyrights,
trademarks, trade secrets, trade dress, mask works, moral rights, processes,
techniques, designs, rights of attribution or integrity, domain names, URLs and
other Internet addresses or identifiers, websites and website content, social
media accounts, software, or other intellectual or industrial property rights or
proprietary rights and all other intellectual property and intellectual property
rights of any kind or nature now known or hereafter recognized in any
jurisdiction worldwide; all goodwill associated with any of the foregoing; all
proceeds, income, royalties, damages and payment now or hereafter due and/or
payable under any of the foregoing, including damages or payments for past or
future infringements for any of the foregoing; and all rights to assert, defend
and exclude others from appropriating any of such intellectual property,
including the right to sue for and remedies against past, present and future
infringements of any or all of the foregoing and rights of priority and
protection of interests therein. ALERT Parties Intellectual Property Rights are
further defined in Section 8.
1.3. Software - The computer programs, machine learning models, Artificial
Intelligence models, source code, source code listings, object code listings,
design details, algorithms, processes, flow charts, formulae, and related
material that would enable the software to be reproduced, recreated, or
recompiled in whatever form or media, including the tangible media upon which
such items are recorded or printed, together with all versions, corrections,
improvements, derivatives, updates and releases thereof.
1.4. Camera Sponsors - An individual or entity that provides funding for the
installation and/or operation of one or more cameras and/or an individual or
entity that provides a location to install one or more cameras.
1.5. Command & Control - The centralized software infrastructure of ALERT
Parties that facilitates real-time viewing of camera feeds, enhancing
situational awareness for effective response coordination, including data
acquisition, analysis, communication, and camera control.
1.6. Artificial Intelligence Anomaly Detection Software (“AI”) - The
computational algorithms utilized within the Sites and Services for data
analysis, pattern recognition, and decision-making, including the red box
feature, which identifies Anomalies associated with potential smoke signatures
indicative of a fire.
1.7. Anomalies - Unconfirmed potential hazards, generated by the Software and
sent to Organization’s Authorized Users for their assessment in determining the
presence of an actionable event. Anomalies are not confirmed fires or other
threats and should not be acted on without third-party professional assessment.
1.8. Data - The camera images, video and or other data available through the
Sites and Services.
2. USER ACCESS RESTRICTION AND PERSONAL INFORMATION
2.1. ALERT Parties Command & Control Software, AI, and other Software are part
of The Sites and Services. A user from the general public shall have access to
the public facing Websites. Other parts of the Sites and Services require access
authorization from ALERT Parties and should only be accessed by those with an
immediate involvement in the prevention, monitoring, suppression and recovery
efforts of emergency situations and other natural disasters. Any user who has
not been approved for access will be removed from the system. Any user who is no
longer associated with an Organization approved by an ALERT Parties
administrator should not access the system and will be automatically removed
from the system upon discovery.
2.2. Certain specific information that references individual Organizations
and/or individual names provided by you to us may be posted on the Sites and
Services. By posting such information on publicly accessible pages, you agree
that ALERT Parties is not responsible or liable to you or any third party as a
result of disclosing such information. ALERT Parties reserves the right to
remove any user or system posted content from any of the Sites and Services in
its sole discretion.
3. TERMS OF USE. YOU AGREE, REPRESENT, AND WARRANT THAT:
3.1. you will not violate these Terms or use the Sites and Services to violate
the rights of any third party such as copyright or trademark rights;
3.2. you are 18 years of age or older and have all requisite rights and
authority to use the Sites and Services and to enter into these Terms;
3.3. you will not post to or transmit through the Sites and Services any
sensitive personal information about yourself or third parties, such as social
security, credit card or bank account numbers, health or medical information, or
other information concerning personal matters, unless specifically requested by
us in writing;
3.4. you will copy information from the Sites and Services only in accordance
with the purposes specified in these Terms, unless you or the Organization you
are affiliated with has entered into a separate agreement with ALERT Parties
(“MSA”);
3.5. you will not use the Sites and Services for the purpose of obtaining
information in order to create your own business or site offering the same or
substantially the same products or services unless expressly allowed in an MSA;
3.6. you will not ‘Screen Scrape’ or pull Data for use in a 3rd party system
unless expressly allowed in an MSA;
3.7. you will not otherwise reproduce, modify, distribute, display, or provide
access to the Sites and Services or its content unless expressly allowed in an
MSA;
3.8. you will not create derivative works from, decompile, disassemble, reverse
engineer, or otherwise attempt to derive the method of operation or any portion
of the Sites and Services;
3.9. you agree to grant to ALERT Parties a worldwide, perpetual, royalty free,
non-exclusive, fully transferable, and sublicensable license to use, retain,
disclose, reproduce, distribute, modify, make and incorporate into its Sites and
Services any suggestion, enhancement request, recommendation, correction or
other feedback provided by you or relating to the operation of the Sites and
Services;
3.10. you will not upload to or distribute through the Sites and Services any
binary code, macros or other executable code, or any file that contains any
viruses, trojan horses or other components designed to commandeer, limit, or
harm the functionality of a computer or other electronic system;
3.11. if you use the Sites and Services in your capacity as an employee, owner,
or otherwise as an agent of another person, you agree on behalf of yourself and
such person or Organization, jointly and severally, to be bound by these Terms;
3.12. you will not record, process, or mine information about other users, or
access, retrieve, or index any portion of the Sites and Services;
3.13. you will not access or use the Sites and Services in any manner that could
damage, disable, overburden, place an unreasonable load on, interfere, or
attempt to interfere with the proper working of, or impair the Sites and
Services, its computer systems or networks, or the hosting of the Sites and
Services;
3.14. you will not attempt to gain unauthorized access to any parts of the Sites
and Services or any of the Sites and Services computer systems or networks;
3.15. you will not give access (including sharing login information) to any
parts of the Sites and Services or any of the Sites and Services computer
systems or networks without authorization from ALERT Parties;
3.16. you will not use the Sites and Services in any way that is unlawful, or
harms ALERT Parties’ business;
3.17. you will not charge any person for access to any portion of the Sites and
Services or any information on the Sites and Services;
3.18. you will not post, upload, share (including the forwarding of alerts),
transmit, distribute, facilitate distribution of, or otherwise make available to
others or through The Sites and Services any content that is unlawful, harmful,
harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar,
obscene, hateful, pornographic, spam, discriminatory, violative of privacy or
publicity rights, infringing of intellectual property or other proprietary
rights, or otherwise objectionable in our sole discretion, including
unauthorized or unsolicited advertising;
3.19. you will not engage in “framing” or “mirroring,” or otherwise simulate the
appearance or functionality of the Sites and Services; and
3.20. you will not assist or permit any persons in violating these Terms or
other applicable laws or rules governing the use of the Sites and Services.
In the event you are found to be in violation of these Terms, ALERT Parties
reserve the right to take immediate action, including temporarily pausing or
terminating your account. ALERT Parties may then inform any Organization you are
affiliated with of the situation and allow them to assess and determine the
appropriate course of action. This may involve either restoring your access or
communicating the reasons for permanently restricting your access to the Sites
and Services.
4. SERVICES WARRANTIES.
Disclaimer of Sites and Services Warranty “As Is” - NOTWITHSTANDING ANYTHING IN
THESE TERMS TO THE CONTRARY, THE SITES AND SERVICES, INCLUDING, WITHOUT
LIMITATION, ALL WEBSITES, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED “AS IS”
AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA
PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, ALERTWEST DOES NOT WARRANT THAT THE SITES AND SERVICES AND ALL
WEBSITES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY,
SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALERT
PARTIES MAKES NO WARRANTY THAT THE SITES AND SERVICES WILL MEET YOUR
REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ALERTWEST OR THROUGH THE SITES AND SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES
AND SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES AND SERVICES.
5. LIMITATION OF DAMAGES AND LIABILITY
ALERT PARTIES LIMITS ITS LIABILITY FOR THE SERVICES PROVIDED, AND BY ENTERING
INTO THESE TERMS, YOU RELEASE AND WAIVE THE RIGHT TO RAISE CERTAIN CLAIMS OR
RECOVER CERTAIN DAMAGES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE
FOLLOWING LIMITATIONS, RELEASES AND WAIVERS ARE A MATERIAL INDUCEMENT FOR
ALERTWEST TO MAKE THE SERVICES AVAILABLE TO YOU. BY ENTERING INTO THESE TERMS,
YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE
DISCLOSURES, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH BELOW. The
limitations and releases set forth below shall apply to the fullest extent
permitted under applicable law.
5.1. Damages and Liability for Consequential Damages, - ALERT PARTIES SHALL NOT
BE LIABLE TO YOU, WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY
OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY
KIND OR LOSS OF PROPERTY OR LIFE), NOR ANY LOST PROFITS, REVENUES, INCOME,
BUSINESS, ANTICIPATED SAVINGS, OR REPUTATION (COLLECTIVELY “CONSEQUENTIAL
DAMAGES”), FOR ANY CLAIMS OR LOSSES ARISING OUT OF USE OF THE SITES AND SERVICES
OR THESE TERMS.
5.2. Limitation of Liability - Sites and Services
a. Disclosure regarding Software Service Limitations. The Sites and Services
are meant to be an additional tool to provide you and others with better
situational awareness and should not be relied on as the sole means of
detecting Anomalies. The limitations associated with the Sites and Services
may materially affect the performance and usage of the Sites and Services.
You acknowledge that the Sites and Services exist to provide users with
information to assist in identifying Anomalies that may be a fire or other
threat, and that the Sites and Services are not intended to and should not
be relied upon as the sole way to detect fires or threats or make decisions
regarding anyone’s safety, loss of life or loss of property. You acknowledge
that the Sites and Services used for threat detection is still an emerging
technology, and as such, is subject to errors, outages, generation of
incomplete or false information, and other failures. You further
acknowledge, understand and agrees that the camera and wireless technologies
used in connection with the Sites and Services may not cover all areas in
which a fire or other threat may emerge, and may be affected by electrical
interference, weather conditions, terrain, power outages and other
conditions that may render them unusable or unreliable. The Sites and
Services are meant to be an additional tool to provide you and others with
better situational awareness and should not be relied on as the sole means
of detecting threats or fires. It is your responsibility to evaluate the
Anomalies and determine the course of action to take, if any.
b. Release and Limitations of Liability for Sites and Services As such and as
further set forth in this Section 5.2, ALERTWest or ALERTWest’s affiliates,
agents, employees, officers, directors, contractors, subcontractors, or
representatives (“ALERTWest Parties”) shall have no liability to you or any
other person for Losses (as defined in Section 6.1) and you hereby waive,
release and discharge ALERTWest Parties from any responsibility or liability
for any Losses arising out of or related to any fire not directly caused by
ALERTWest Parties, including but not limited to fires caused by nature,
arson, third parties, you or your Organization, any threat or fire
undetected or unreported or incorrectly reported by the Sites and Services
for any reason, including false reports of any threat or fire, inaccurate
threat or fire locations identified by the Sites and Services, delayed or
undelivered alerts or any other situation where a threat exists or an
incident has occurred (collectively, “Non-ALERTWest Fires”). You acknowledge
and agree that it is important for you to independently assess and determine
the appropriate actions to take, or not to take, in any given situation.
c. YOU FURTHER ACKNOWLEDGE AND AGREE, THAT BY YOUR USE OF THE SITES AND
SERVICES, SUCH USE IS AT YOUR SOLE RISK AND IN NO EVENT SHALL ALERTWEST
PARTIES OR ANY OF THE CAMERA SPONSORS BE LIABLE FOR LOSSES RELATED TO (I)
THE SITES AND SERVICES OR (II) THE UNAVAILABILITY OR NON-OPERATION OF ANY
CAMERA(S) (“CAMERA INOPERABILITY”) UNDER ANY SECTION OF THESE TERMS FOR ANY
CONSEQUENTIAL DAMAGES)
d. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, IN NO EVENT WILL
ALERTWEST PARTIES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITES
AND SERVICES, CAMERA INOPERABILITY OR THESE TERMS, WHETHER IN CONTRACT, TORT
OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID BY YOU TO
ALERTWEST PARTIES FOR THE SITES AND SERVICES DURING THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO
THE CLAIM OR TO THE EXTENT TWELVE (12) MONTHS HAVE NOT YET ELAPSED, THEN THE
MONTHLY FEES PAID TO DATE OR IN THE EVENT NO FEES HAVE BEEN PAID, THEN THE
SUM OF $1.00. ALERTWEST PARTIES SHALL NOT BE LIABLE FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR
PERSONAL INJURY AND, IN SUCH JURISDICTIONS; ALERT PARTIES’ LIABILITY SHALL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. INDEMNITY
6.1. Indemnity. You will defend, indemnify, and hold harmless ALERT Parties,
their affiliates, and the current, future and former officers, directors,
employees, agents, successors, and assigns of each of the foregoing from and
against any and all claims, damages, fines, penalties, expenses (including
reasonable attorneys’ fees) or other losses (collectively, “Losses”) arising out
of or relating to (i) your use of the Sites and Services, (ii) these Terms and
(iii) any information that you or any of your representatives submits,
transmits, discloses to a third party or makes available through the Sites and
Services, related to any threat or fire undetected or unreported by the Sites
and Services for any reason (including undetected or unreported threats or fires
due to network or camera outages), false reports of any threat or fire,
inaccurate threat or fire locations identified by the Sites and Services
(including delayed or undelivered alerts related to network or camera outages).
6.2. To receive the indemnities contained herein, the indemnified party
(“Indemnitee”) shall promptly notify, in writing, the indemnifying party
(“Indemnitor”) of any claim with respect to which it seeks indemnity and provide
reasonable cooperation (at the Indemnitor’s request and expense) and full
authority to defend or settle the claim. If it so elects within a reasonable
time after receipt of such notice, the Indemnitor may assume the defense of such
claim, with counsel reasonably satisfactory to the Indemnitee, and shall pay the
fees and costs of such counsel related to such proceeding. In any such
proceeding, the Indemnitee shall have the right to retain its own counsel, but
the reasonable fees and costs of such counsel shall be at the expense of
Indemnitee, unless (i) Indemnitor declines or fails to provide satisfactory
counsel to represent Indemnitee; (ii) Indemnitor and Indemnitee agree that
Indemnitee should manage its own defense, including retention of counsel; or
(iii) Indemnitor and Indemnity are both named parties in the relevant
proceeding, and representation of both parties by the same counsel would be a
conflict of interest. The Indemnitor shall not be liable for any settlement of
any claim without its written consent, but if settled with such consent or if
there is a final judgment against Indemnitee, Indemnitor agrees to promptly
satisfy the settlement or judgment on Indemnitee’s behalf. Indemnitor shall not,
without Indemnitee’s written consent, agree to any settlement that (a) involves
any admission of guilt or illegal conduct by Indemnitee; (b) releases any
claim(s) of Indemnitee; (c) has any adverse effect on any other claim(s) that
have been or may be made against Indemnitee; or (d) does not include a full
release of Indemnitees from all liability for claims that are the subject of
such proceeding.
7. DATA AND SITE OWNERSHIP DATA
7.1. All Data is the property of ALERT Parties or other entity that ALERT
Parties has contracted with. Unless you or an organization has entered into an
MSA that grants rights to the Data, you have no license to use, retain,
disclose, process, reproduce, distribute or modify any Data displayed or
provided through the Sites and Services.
8. INTELLECTUAL PROPERTY OWNERSHIP
8.1. ALERT Parties Ownership of Intellectual Property - Notwithstanding anything
in these Terms, ALERT Parties retains all right, title and interest in and to
its’ software, technology, websites and other Intellectual Property and/or any
extensions, enhancements, derivative works (as defined in 17 U.S.C. § 101),
improvements, or any other further developments to any of the foregoing,
pursuant to ALERT Parties performance of these Terms, or outside of the scope of
the Services, and all Intellectual Property Rights embodied therein or arising
therefrom (collectively, “ALERTWest Technology”). All rights in ALERTWest
Technology are expressly reserved by ALERT Parties, and ALERT Parties are only
allowing you to access and use certain aspects of the ALERTWest Technology for
the express purposes set forth in these Terms. Except as specifically set forth
in these Terms, ALERTWest Technology is not under any circumstances being
granted, licensed, or sold to you or your Organization. In the event any
ownership rights in the ALERTWest Technology are deemed to vest in you by
operation of law or otherwise, you shall assign and hereby assign, and shall
cause any of your applicable Organizations’ personnel to assign, and such
personnel hereby assign to ALERTWest, all right, title and interest in and to
the applicable ALERTWest Technology, and shall take such further actions and
sign such additional documents, as may be reasonably requested by ALERTWest to
effectuate and evidence such assignment.
8.2 Other Intellectual Property - The Sites and Services provided by ALERT
Parties do not require the use of your Intellectual Property or any data
provided by you. You shall not provide any Intellectual Property, customer
information, highly sensitive information or other data that requires an
elevated level of security or handling beyond what is provided in these Terms to
ALERT Parties unless agreed to in an MSA. In the event you make Intellectual
Property available to ALERT Parties, and ALERT Parties agrees in writing to
accept your Intellectual Property, you shall retain all rights, title and
interest to the Intellectual Property made available to ALERT Parties, provided
that you properly disclose and describe your Intellectual Property and
Intellectual Property Rights prior to making them available to ALERTWest
Parties. To the extent that you provide Intellectual Property to ALERT Parties
as provided for in this Section 8.2, you shall grant to ALERT Parties a
royalty-free license to use such Intellectual Property for the purposes for
which it is provided.
9. LAWS AND REGULATIONS
9.1. Governing Law, Jurisdiction & Venue - These Terms hereunder are made under
and shall be governed by and construed in accordance with the laws of the State
of California without regard to choice of law principles. Any dispute arising
out of these Terms, however defined, shall be brought in the County of
Sacramento, State of California and each party agrees and irrevocably consents
to the exercise of personal jurisdiction by such courts and waives any right to
plead, claim or allege that the County of Sacramento, State of California is an
inconvenient forum or improper venue. Except for claims or disputes related to a
party’s Intellectual Property and/or Confidential information, the parties agree
to arbitrate all disputes. Any arbitration under these terms will be on an
individual basis; class arbitrations, class actions, private attorney general
actions, and consolidation with other arbitrations are not permitted. You
acknowledge that you are waiving your rights to have your case decided by a jury
and to participate in a class action against ALERT Parties, and that you have
read and understand this clause. The arbitration shall be pursuant to the
commercial arbitration rules of JAMS (Judicial Arbitration and Mediation
Services), in accordance with the JAMS Streamlined Arbitration Rules and
Procedures, in which case the parties agree that the arbitration shall take
place in the County of Sacramento, State of California. If there is a dispute
between the Parties and either Party institutes a lawsuit, arbitration,
mediation, or other proceeding to enforce, declare or interpret the meaning of
these Terms, the prevailing party shall be awarded its reasonable attorneys’
fees and costs. No rights or remedies herein conferred upon or reserved to
either party are intended to be exclusive of any other right or remedy, and each
and every right and remedy shall be cumulative and in addition to any other
right or remedy under these Terms or under applicable law. Unless otherwise
required by law, an action or proceeding by either party relating to any dispute
must commence within one (1) year after the cause of action accrues or becomes
known.
9.2. Injunctive Relief - You acknowledges that a breach of the provisions hereof
regarding ALERT Parties Intellectual Property and/or confidential information
would cause irreparable harm to ALERT Parties, which could not adequately be
compensated by money damages. Therefore, the parties agree that in the event of
a breach or threatened breach of any such provision, the non-breaching party
shall, in addition to the other remedies available to it hereunder or at law,
have the right to preliminary and permanent injunctive relief, without the
necessity of posting bond.
10. MISCELLANEOUS NON-WAIVER
The failure at any time of either party to enforce any of the provisions of
these Terms, or to require at any time performance by the other party of any of
the provisions, shall in no way be construed to be a waiver, affect the
validity, or otherwise prevent future enforcement of such provisions. Attorneys’
Fees - In the event that a party institutes any legal suit, action, or
proceeding, including arbitration, against the other party arising out of or
relating to these Terms, the prevailing party in the suit, action, or proceeding
shall be entitled to receive, in addition to all other damages to which it may
be entitled, the costs incurred by such party in conducting the suit, action, or
proceeding, including reasonable attorneys’ fees and expenses and court costs.
Severability - If any term or provision of these Terms, or the application
thereof to any person, entity, or circumstance, is found to be invalid or
unenforceable, the remainder of these Terms, and its application to persons,
entities, or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and shall continue in full force
and effect.
I have read and agree to the Terms of Use and Privacy Policy.
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Protection AreasCAL FIRE UnitsU.S. Counties/StatesNational Forest BoundariesCPUC
Fire Threat TiersNational GACC BoundariesNational Dispatch BoundariesCalifornia
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and Fire ActivityMODIS Thermal V1FIRIS Fire PerimetersAircraft (squawk 1255)
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Heading)Offline < 24hrsOffline > 24hrsStart LocationCurrent Location
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AUTO TARGETS
— < 5 min— < 15 min— < 1 hr— < 2 hr— < 3 hr— > 6 hr
Kurzbefehle
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Kartendaten ©2024 Google, INEGI
200 km
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Virginia PeakfullscreenLast Moved: <1m
Running Springs 2fullscreenLast Moved: <1m
Black Mtn BoundaryfullscreenLast Moved: 1m
Yellow PkfullscreenLast Moved: 5m
Hamilton Mtn 1fullscreenLast Moved: 5m
BuxtonfullscreenLast Moved: 7m
Nostalgia Bonsall 2fullscreenLast Moved: 11m
Morgan SummitfullscreenLast Moved: 14m
La PanzafullscreenLast Moved: 16m
Reche Peak 1fullscreenLast Moved: 16m
Sonora Peak EastfullscreenLast Moved: 17m
High Point SouthfullscreenLast Moved: 17m
California Valley 2fullscreenLast Moved: 17m
McKittrick Summit NorthfullscreenLast Moved: 17m
Fox MtnfullscreenLast Moved: 17m
Shasta Lake 1fullscreenLast Moved: 21m
Quail Canyon 2fullscreenLast Moved: 22m
Box Springs Mtn East 1fullscreenLast Moved: 22m
Reche Peak 2fullscreenLast Moved: 23m
Weir Canyon Serrano 2fullscreenLast Moved: 24m
Weir Canyon Eastridge 2fullscreenLast Moved: 25m
Big Bald MtnfullscreenLast Moved: 25m
Stover MtnfullscreenLast Moved: 30m
McKittrick Summit SouthfullscreenLast Moved: 34m
Falcons ViewfullscreenLast Moved: 35m
Prospect PeakfullscreenLast Moved: 37m
Walker Ridge 1fullscreenLast Moved: 41m
Mt Lee SfullscreenLast Moved: 41m
St Joe BaldyfullscreenLast Moved: 43m
College Peak 1fullscreenLast Moved: 44m
Ducket Peak 1fullscreenLast Moved: 49m
Evora RoadfullscreenLast Moved: 49m
Eagle PeakfullscreenLast Moved: 50m
Inks RidgefullscreenLast Moved: 51m
Wolfback RidgefullscreenLast Moved: 51m
Lake Perris NorthfullscreenLast Moved: 54m
Williams Hill 2fullscreenLast Moved: 56m
PittsfullscreenLast Moved: 56m
Bald Hill WestfullscreenLast Moved: 56m
Mt Bullion 1fullscreenLast Moved: 1h 2m
Arapahoe RidgefullscreenLast Moved: 1h 2m
Hillside NVfullscreenLast Moved: 1h 4m
BiggsfullscreenLast Moved: 1h 8m
Sunset Hill 2fullscreenLast Moved: 1h 8m
Bryant Mtn 1fullscreenLast Moved: 1h 9m
Quartzite Mtn 1fullscreenLast Moved: 1h 10m
Williams Hill 1fullscreenLast Moved: 1h 11m
West Peak 2fullscreenLast Moved: 1h 11m
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