This document outlines the terms and conditions for proper use of ResponseMapping.com (“Website”), a website owned and operated by The Omega Group Inc. (a Trimble Navigation Ltd. company). These Terms of Use (“TOU”) constitutes an agreement between you (“User”) and The Omega Group Inc., including its affiliates (collectively, “Omega”). By accessing or using this website and/or its affiliated services, you accept and agree to these TOU and agree to be bound by the terms set within. If you do not agree with the provisions set forth in these TOU in full or in any part, you must cease your access to this website immediately and terminate all use of this website and/or affiliated services.
Through this Website and its affiliated services, Omega provides the User with access to a variety of resources, data and content (collectively, “Omega Services”). Omega Services are provided to the User subject to the following TOU, which may be updated over time without expressed notice to the User. The currently posted TOU on this website will stand as the current usage agreement between the User and Omega.
a) The ResponseMapping.com Website is designed to facilitate the dissemination of non-sensitive information regarding fire/rescue events occurring in the past from official fire/rescue agencies to the general public. This Website is not designed to, nor does it provide or facilitate, any form of communication between the User and any fire/rescue or public safety agency or organization. As such, ResponseMapping.com cannot be used as a primary means or any form of alternative means for contacting 9-1-1 emergency services by telephone or otherwise. If you (the User) need to report an emergency situation or wish to provide important, time-sensitive incident information to a fire/rescue or dispatch official, please contact your local agency by either dialing 9-1-1 emergency services on your telephone or by using any other form of permissible communication as indicated by your local fire/rescue or public safety agency. The User is solely responsible for procuring such emergency services on their own behalf and expressly, irrevocably and unconditionally releases Omega from any claims related to your failure to independently obtain or use such services.
b) Omega Services are provided through the Website as a public resource sponsored by one or more fire/rescue or public safety agencies. All data displayed on the Website or provided through Omega Services has been gathered through legitimate means with the cooperation, knowledge and consent of the fire/rescue or public safety agencies listed on the Website. All data displayed on the Website is extracted and processed from official fire/rescue and/or municipal data sources and is subject to approval and release of said data by the source agency and/or its officials. No data appearing on the Website is sourced from private, commercial, or non-official public sources.
c) The Website contains links to other websites operated by third party providers (“Linked Sites”). Linked Sites are not under Omega's control, and Omega is not responsible for content (regardless of how it is transmitted or received) or services provided by third party provider(s) websites. Any Linked Sites provided on the Website do not imply an endorsement, affiliation, or sponsorship of any kind, and do not represent warranties of the quality of services provided by such third party provider(s). By using the Website to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claims against Omega for any damages or losses whatsoever resulting from such use.
3. LICENSING
The Website, its components and content including software, names, domain names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing on the Website are the property of Omega and/or its suppliers and business partners (“Partners”), and are protected by U.S. and international copyright and other intellectual property laws. “The Omega Group, Inc.” and “ResponseMapping.com” are trademarks of Omega. The names of other companies and products that may be listed on the Website may be the trademarks of their respective owners. Omega and/or its Partners retain all rights with respect to Omega Services, except those expressly granted to you in these TOU. The User does not acquire ownership rights of any kind to Omega Services. Except as expressly provided herein, no Omega Services shall be construed as conferring any license under Omega’s and/or its Partners' intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Omega may revoke any of the foregoing rights and/or your access to Omega Services, or any part thereof, at any time, at its sole discretion, and without prior notice.
Any data or information related to fire/rescue events on the Website remains the sole property of the fire/rescue or public safety agency (“Agency”) from which the individual record of information was obtained. The Agency retains full ownership and control over the data they choose to contribute to the Website and grant Omega a provisional use of that data for dissemination to the User. The provisional use of this data granted to Omega by any Agency does not extend or transfer to the User at any time or for any purpose other than those expressly defined herein these TOU. The Agency reserves its right to contribute data subject to its ownership in part or in full and to retract and/or remove data subject to its ownership in part or in full, at any time, at its sole discretion, and without prior notice to the User. The Website is not intended or designed as and shall not be used as a resource, conduit, source, repository, access point or by any other means or description, a method for any Agency to fulfill any and all requests it may receive regarding the release of data that may be subject to the provisions of the Freedom of Information Act (FOIA). It is the sole responsibility and discretion of the Agency to fulfill such requests directly with the requesting party, independently from the Website, Omega Services, Omega and/or its Partners.
4. ACCEPTABLE AND PROHIBTED USES
At its sole discretion, Omega agrees to allow access to the Website and to any related or included Omega Services for private, personal use only, provided that the User adheres to the conditions set forth in these TOU at all times.
As a condition of your permitted use of the Website and/or Omega Services, you will not use or attempt to use the Website and/or Omega Services for any purpose expressly defined as a prohibited use or engage in any other behavior or act listed here below as a prohibited use of the Website and/or Omega Services:
a) Use of the Website and/or Omega Services for any purpose that is considered unlawful;
b) Use of any component of the Website and/or Omega Services for commercial use, business purposes, or in any other such manner with the intent of financial or monetary gain or to inhibit, prevent, interfere, or degrade Omega’s ability to use the Website or Omega Services for its own commercial purposes;
c) Use of any fire/rescue event information and/or data displayed on the Website and/or Omega Services for commercial use, business purposes, or in any other such manner with the intent of financial or monetary gain or to inhibit, prevent, interfere, or degrade Omega’s ability to use the Website or Omega Services for its own commercial purposes;
d) Any attempt to alter, remove or obscure any copyright notice, trademark, digital watermarks, Omega branding, logos, or any other proprietary rights notices on the Website and/or Omega Services;
e) Accessing the Website, Omega Services, or fire/rescue event information and/or data displayed by the Website through any means other than viewing the Website and/or Omega Services as a typical web page in a standard web browser application;
f) Any attempt to manually or systematically harvest, scrape, or accumulate fire/rescue event information and/or data provided by the Website and/or Omega Services for any purpose;
g) Reverse-engineering, decompiling, directly accessing, disassembling and/or hacking the Website and/or Omega Services for any reason or purpose;
h) Any use of the Website and/or Omega Services that makes the Website and/or Omega Services inaccessible or unusable due to slow performance for other Users;
i) Use of the Website and/or Omega Services to send unsolicited or unauthorized email, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages whether commercial or otherwise;
j) Any attempt to intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak the User’s identity, Internet Service Provider, or IP address;
k) Transmitting any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancel bots;
l) Interfering with or disrupting the integrity of any data or computer-based information or any servers or networks connected to the Website and/or Omega Services;
m) Use of the Website and/or Omega Services for illegal, improper, or inappropriate purposes (including, but not limited to, defamation or harassment of others, distribution of obscene or indecent material, stalking, or distribution of content in violation of the proprietary rights of others);
n) Any attempt to sell, rent, lease, lend, time-share, assign, or transfer any right to use the Website and/or Omega Services to any third party;
o) Storing the results derived from your use of the Website and/or Omega Services for the purpose of creating a value-added, web-enabled application that you intend to resell, license, or otherwise distribute to third parties without the prior express written permission of Omega;
p) Creating derivative websites or services to thereafter resell or otherwise distribute the Website and/or Omega Services as your own website or service;
q) Re-formatting the Website and/or Omega Services in an attempt to mirror and/or make commercial use of the Omega Website.
Any of the above, whether merely attempted or successfully executed, are a material breach of these TOU and may subject the User to legal action where applicable.
5. WARRANTY
The Website and Omega Services are provided to you “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, merchantability, data accuracy, systems integration or non-infringement. Should applicable law not permit the foregoing exclusion or express or implied warranties, then Omega hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Omega, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Omega does not make any warranties that the Omega Services will be uninterrupted, secure, free from error, free of viruses or other harmful devices, or that your use of the Website and Omega Services will meet your expectations, or that any content found on the Website or through Omega Services is correct, accurate, or reliable. The content provided on the Website and through Omega Services is for convenience only and Omega does not warrant, endorse, guarantee, or assume responsibility for any user submission, opinion, statement, product, advice, recommendation, or service made, promoted, advertised or offered by any Omega User, third-party, or other entity made available through the Website or Omega Services or any Linked Sites or where featured in any banner or other advertising. Omega will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers for products and services.
6. LIMITATION OF LIABILITY
Under no circumstances, including but not limited to breach of contract, tort or negligence, will Omega or its affiliates and partners be liable for any direct, indirect, incidental, exemplary, special, punitive, or consequential damages (including lost profits or lost data) that arise out of, or are related to, these TOU and/or your use of the Website or Omega Services. In no event shall Omega’s aggregate liability, or the aggregate liability of Omega’s affiliates and partners, to you for any loss, damage, or liability related to, or arising out of, these TOU and/or the Website or Omega Services, exceed the total amount paid by you to Omega for accessing the Website or Omega Services. Some jurisdictions do not allow the limitation or exclusion or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
7. INDEMNITY
You agree to indemnify and hold Omega and its Partners, affiliates, officers, directors, agents, and employees harmless from any third party claims, suits, losses, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising from or related to (a) your breach of these TOU, (b) your user submissions, (c) your use of the Website and/or Omega Services, or (d) your violation of any law or the rights of any third party.
8. IRREPARABLE HARM AND INJUNCTIVE RELIEF
The Website, Omega Services, and the information and content made available through such services is the result of significant investment by Omega in collecting, formatting, organizing and presenting a wide range of information in the public interest for its Users under the terms of these TOU. By using the Website and/or Omega Services, you hereby acknowledge and recognize the uniqueness of the services provided by Omega and Omega’s substantial investments in such services as described herein, such that a violation of these TOU by you will result in irreparable harm to Omega for which monetary damages or other legal remedies may not adequately compensate. Accordingly, in the event of a violation of these TOU (including any rules), Omega shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that Omega will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.
9. ADDITIONAL REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant that (a) you have the power and authority to enter into these TOU; (b) you are at least eighteen (18) years of age, or you are at least thirteen (13) years of age and your parent or legal guardian has agreed on your behalf to these TOU; and, (c) you will only use the Website and/or Omega Services in accordance with these TOU.
10. MISCELLANEOUS
These TOU and the documents referred to herein represent the entire understanding and constitute the whole agreement in respect to their subject matter and supersede any previous agreement between the parties thereto. These TOU shall be governed in all respects by the laws of the State of California (United States of America) without giving effect to its conflict of law provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego, and further agree that any cause of action arising under or relating to these TOU or your use of any Omega Services shall be brought exclusively in such venue. Notwithstanding the foregoing, Omega may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under these TOU. In the event of any dispute between you and Omega arising under or relating to these TOU or your use of any Omega Services in which Omega is the prevailing party, you agree that you will pay Omega’s reasonable attorneys' fees in connection with Omega’s commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against Omega. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Omega’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.