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Terms and Conditions

Effective: 6/5/2019 | Updated: 11/8/2023

Please read these Terms and Conditions (“Terms”) carefully. These Terms set forth the general terms and conditions governing the relationship between you, the user of our website, online platform and services, and us, Juvare, LLC (or any it’s commonly controlled affiliates (EMSystems LLC; ESi Acquisition, Inc.; Global Secure Systems Corp.; Collaborative Fusion, Inc.; Juvare Lithuania UAB; Juvare Asia Pacific Limited; Juvare Canada, Ltd.; Knowledge Center Enterprises, LLC; Liveprocess Corporation; Geopliant LLC, Nusura LLC) (collectively hereinafter “Juvare” or “we”).

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.

By using www.juvare.com, and other Juvare-related sites, including the mobile app (“App”), communications, content, capabilities, and services (“Service” or “Services”) accessible on or by any top-level Juvare domain owned by us (the “Website”), you agree to these Terms, which will result in a legal agreement between you and Juvare. As a customer of the Service, you’re a “User” according to these Terms (or, “you”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to commit the entity to the Terms and the term “Customer” or “you” will refer to that legal entity.

If you are accessing the Juvare DesignStudio™, DesignStudio is only available for Juvare’s WebEOC® Enterprise or Professional customers with a paid, active subscription/license, and the non-Pro version DesignStudio version is limited to three (3) named active users at no additional cost; all use is subject to audit for compliance. If you require more than the included 3 users or want to purchase the DesignStudio Pro version, contact your Client Success Manager for pricing.

The Juvare Services are applications that provide incident management, volunteer management, resource management, patient tracking, mass notification, tracking, case management, and credentialing solutions that enhance preparedness, response, and recovery.

WHENEVER YOU VIEW, ACCESS, ENTER DATA INTO OR OTHERWISE USE THE JUVARE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE THAT ARE PUBLISHED HERE, INCLUDING THE AGREEMENT GOVERNING THE USE AND LICENSE BETWEEN JUVARE AND YOUR EMPLOYER OR A PARTY WITH WHICH YOUR EMPLOYER IS AFFILIATED FOR PURPOSES OF COORDINATING EMERGENCY SERVICES (THE “AGREEMENT”).

YOUR USE OF THE JUVARE SERVICES CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS AND CONDITIONS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT VIEW, ACCESS, ENTER DATA INTO OR OTHERWISE USE THE JUVARE SERVICES.

The Juvare Services may include the provision of links to other websites (“Linked Sites”). The Linked Sites are not under the control of Juvare and Juvare is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Juvare is not responsible for webcasting, or any other form of transmission received from any Linked Site. Juvare is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Juvare of the Linked Site or any association with its operators.

Some Juvare software applications and Services incorporate Google Maps as part of their Application Programming Interface (API). By agreeing to the terms and conditions of these Services, You also agree to the Google Maps/Google Earth Additional Terms of Service (located at https://www.google.com/help/terms_maps.html).

You may use the Services only if you: (1) are at least eighteen (18) years old and able to enter into contracts; (2) agree to these Terms; (3) maintain the accuracy of the information submitted to us; (4) are not based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and (5) are not listed on any U.S. government list of prohibited or restricted persons.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations.

Juvare may refuse service and change eligibility requirements at any time.

As a condition of Your use of the Juvare Services, You represent and warrant to Juvare that You will not use the Juvare Services for any purpose that is unlawful or prohibited by these terms and conditions, and including, without limitation, the license agreement, the use agreement, all confidentiality obligations and obligations of intellectual property, and notices. You may not use the Juvare Services in any manner which could damage, disable, overburden, or impair the Juvare Services or interfere with any other party’s use and enjoyment of the Juvare Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Juvare Services.

You agree that you shall not:

  • View or use any screen or function of the Juvare Services that is not necessary for your employer’s or contractor’s coordination of medical services or publication of health information;
  • Access, modify, reproduce, publish, adapt, translate, or create derivative works based on any part of the Juvare Services (including, without limitation, being bound by the confidentiality and ownership obligations set forth in the Agreement); and/or
  • Commercially exploit, market, license or distribute access to or use of the Juvare Services.

The Juvare Services may contain messaging and communication functionalities designed to enable You to communicate with the public health and emergency services community at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Services. By way of example, and not as a limitation, You agree that when using a Communication Services, You will not:

  • Make communications, including, without limitation, personal communications, unrelated to the interests of and business of Your employer;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Transmit unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes;
  • Transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Juvare reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category; publish, post, upload, distribute or disseminate any offensive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another You of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other You from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
  • Use the Communication Service in any manner that causes a telecommunications provider to complain about Your use or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements;
  • Harvest or otherwise collect information about others, including email addresses, without their consent or under false pretenses;
  • Transmit, upload or insert any protected health information as regulated by the HIPAA, personally identifiable information, or personal data as may be regulated by the General Data Protection Regulation (aka GDPR) into the Juvare Services; and/or
  • Violate any applicable laws or regulations.

Your participation in the Communication Services may be edited, censored, or otherwise controlled by Juvare; however, Juvare has no obligation to monitor the Communication Services.

Juvare reserves the right to review materials posted to a Communication Services and to remove any materials in its sole discretion. Juvare reserves the right to terminate Your access to the Juvare Services at any time without notice for any reason whatsoever. Juvare reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Juvare’s sole discretion.

Juvare does not control or endorse the content, messages, or information found in any Communication Services and specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Services.

The Juvare Services could include technical inaccuracies or typographical errors. Juvare may make improvements and/or changes the Juvare Services at any time.

Modifications

We have the right to revise and amend these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. We will provide notice to you of any material change in the Terms by posting notice to the Website. Your continued use of the Services after such changes are made conclusively demonstrates your acceptance of such changes. If your purchase of the Services is on-going, we will give you prior notice of any changes to these Terms and you may elect to cancel the Services without penalty before the changed Terms affect You.

It is critical that you keep your email contact information correct and updated with Juvare at all times. In addition, we encourage you to check back regularly to review these Terms at least once every thirty (30) days.

We reserve the right to modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any content from the Services at any time without notice to you. We are not liable for any such modification, suspension, discontinuance or removal.

You can access Juvare via the Website and may register as a User of Juvare via the App free of charge. To register as a User and depending on the manner in which you access the Services, You may need to provide Your email address, and create a username and password to be used in conjunction with that email address.

Please use a strong password and limit its use to your account. You’re responsible for maintaining the confidentiality of your account and restricting access to and any activity occurring in such account (other than activity that Juvare is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

Feedback and Intellectual Property Rights

We own all proprietary rights in the Website, App and Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service.

Except for public domain material, the Website, App and Service is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the Content at the Website and App while connected to the Website and App (including, where available, to email individual Content to others directly from this site). You are also granted a limited license to print one copy of any Content posted at the Website, but only for Your personal use. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, App, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks such as metatags on other web sites also is strictly prohibited. You may not display the Website or App in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us through our feedback form.

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to Juvare in the course of using the Service or which Juvare retrieves or accesses at your direction or with your permission (“Content”).

You may provide or we may ask you to provide suggestions, comments, input, or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, publicly perform the Feedback or incorporate any such Feedback into our software, the Services, or our business operations. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.

Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations, United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by any applicable laws.

10DLC, SMS, MMS, and Short Code Terms of Service

When you opt-in to the Communication Services, we will send you an SMS message to confirm your signup. You can cancel this service at any time by texting “STOP” to the number which messaged you. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again. Recipients subscribed to receive notifications before November 1, 2019 shall be considered to have provided consent.

If at any time you forget what keywords are supported, just text “HELP” to the number which messaged you. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

We are able to deliver messages to the following mobile phone carriers:

Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile

Minor Carriers: U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

As always, message and data rates may apply to you and your data plan or text plan for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Message frequency varies. 

Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capability is not available at a particular time. Even without a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered. Juvare and/or the mobile phone carriers are not liable for delayed or undelivered messages.

Messaging and User Monitoring

As part of its Services, Juvare may provide or make available certain messaging features that permit you to communicate with other users within our Services, such as our “JX Collaborate” messaging feature, or similar features as may become available in the future. You understand and agree that such communications are transmitted through our hosted Services and may be stored and shared real-time with Juvare and its providers.

As part of its Services, Juvare may deploy user monitoring, analytics, and session replay tools. These tools help Juvare to understand how users experience its platform and can be used for other purposes such as troubleshooting, security monitoring, and to customize and enhance our Services. You understand and agree that Juvare may use such tools, including storing and sharing information real-time from such tools about your use of our Services with Juvare and its providers.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT (I) YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE, INCLUDING ANY DOWNLOADS FROM THE JUVARE SITE; (II) WE WON’T BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY’RE BASED ON NEGLIGENCE OR WE’VE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; AND (III) IN ANY CALENDAR MONTH, OUR TOTAL LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE TERMS—WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE—WILL BE NO MORE THAN THE GREATER OF (A) WHAT YOU PAID US FOR THE SERVICE THE PRECEDING MONTH OR (B) ONE HUNDRED USD.

For the avoidance of doubt, in no instance will we be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE SERVICE AS-IS. THIS MEANS THAT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DON’T PROVIDE WARRANTIES, CONDITIONS, OR UNDERTAKINGS OF ANY KIND IN RELATION TO THE SERVICE, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT ISN’T LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMED AND EXCLUDED FROM THE TERMS. SINCE USERS USE THE SERVICE FOR A VARIETY OF REASONS, WE CAN’T GUARANTEE THAT IT’LL MEET YOUR SPECIFIC NEEDS.

Indemnification

You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us. You may not settle any claim subject to this section without our prior written consent. We may, but have no obligation to, take over control of the defense of any claim subject to this section, using counsel of our choice, at your expense, including, without limitation, reasonable attorney’s fees.

Disclaimers

We aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Users, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.

Disputes, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. You understand that absent this agreement to arbitrate, you would have the right to sue in court and have a jury trial. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTES. You may choose to be represented by a lawyer in arbitration of proceed without one. This arbitration provision shall survive termination of this agreement.

Any disputes, actions or disputes arising out of or in connection with this Agreement or the breach, termination, enforcement, interpretation, or validity thereof (each, a “Dispute”), will be determined by binding arbitration in Fulton County, Georgia, U.S.A. by one arbitrator. A dispute also includes disagreement about this arbitration provision and class waiver’s meaning, application, or enforcement. The arbitration will be administered under the JAMS Comprehensive Arbitration Rules. Judgment upon the award rendered by an arbitrator may be entered in any court of competent jurisdiction. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, and the parties will maintain the confidential nature of the arbitration proceeding except as may be necessary to prepare for or conduct the arbitration hearing on the merits. Each party agrees that a final arbitral award may be entered for judgement and/or execution in any court with competent jurisdiction over it. This section does not prohibit either party from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, or to any action by us to collect amounts not paid to us when due.

No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. No Dispute, or corresponding arbitration or other proceeding, may be joined with any other. Further, unless both You and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your Dispute, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Opt-out. You have the right to opt-out and not be bound by the arbitration provisions and class waiver set forth in this section by sending written notice of your decision to opt-out to the following U.S. mailing address ATTN: Legal – Arbitration Opt Out, 235 Peachtree St NE Ste 2300 Atlanta, GA 30303 USA. The notice must be sent within thirty (30) days of your first use of the Website or agreeing to these terms, otherwise you shall be bound to arbitrate disputes and class waiver in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

Exceptions. You and We agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Website by you; or (3) any claim for injunctive relief.

General

The Terms shall be governed by and construed in accordance with the laws of the State of Georgia without reference to the principles of conflicts of law of that state or any other jurisdiction. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. Subject to the foregoing arbitration requirements, you hereby consent to the exclusive jurisdiction and venue of the courts of the state of Georgia or the courts of the United States located in Fulton County, Georgia, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Website. You agree that all claims You may have against Juvare arising from or relating to the Website must be filed in accordance with this Terms within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including, without limitation, this paragraph. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Terms shall continue in full force and effect.
The Terms (and any other terms and conditions referenced herein) constitutes the entire Terms between you and Juvare with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Juvare with respect to the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

For all questions about the services provided by this short code, you can send an email to [email protected].

If you have any questions regarding privacy, please read the Juvare Privacy Policy, which is available via https://www.juvare.com/privacy-policy/.

Terms & Conditions

Effective: 6/5/2019
Updated: 11/8/2021

Please read these Terms and Conditions (“Terms”) carefully. These Terms set forth the general terms and conditions governing the relationship between you, the user of our website, online platform and services, and us, Juvare, LLC (or any it’s commonly controlled affiliates (EMSystems LLC; ESi Acquisition, Inc.; Global Secure Systems Corp.; Collaborative Fusion, Inc.; Juvare Lithuania UAB; Juvare Asia Pacific Limited; Juvare Canada, Ltd.; Knowledge Center Enterprises, LLC; Liveprocess Corporation; Geopliant LLC) (collectively hereinafter “Juvare” or “we”). By using www.juvare.com, and other Juvare-related sites, including the mobile app (“App”), communications, content, capabilities and services (“Service” or “Services”) accessible on or by any top-level Juvare domain owned by us (the “Website”), you agree to these Terms, which will result in a legal agreement between you and Juvare. As a customer of the Service, you’re a “User” according to these Terms (or, “you”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to commit the entity to the Terms and the term “Customer” or “you” will refer to that legal entity.

If you are accessing the Juvare DesignStudio™, DesignStudio is only available for Juvare’s WebEOC® Enterprise or Professional customers with a paid, active subscription/license, and the non-Pro version DesignStudio version is limited to three (3) named active users at no additional cost; all use is subject to audit for compliance. If you require more than the included 3 users or want to purchase the DesignStudio Pro version, contact your Client Success Manager for pricing.

The Juvare Services are applications that provide incident management, volunteer management, resource management, patient tracking, mass notification, fleet tracking, and credentialing solutions that enhance preparedness, response, and recovery.

WHENEVER YOU VIEW, ACCESS, ENTER DATA INTO OR OTHERWISE USE THE JUVARE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE THAT ARE PUBLISHED HERE, INCLUDING THE AGREEMENT GOVERNING THE USE AND LICENSE BETWEEN JUVARE AND YOUR EMPLOYER OR A PARTY WITH WHICH YOUR EMPLOYER IS AFFILIATED FOR PURPOSES OF COORDINATING EMERGENCY SERVICES (THE “AGREEMENT”).

YOUR USE OF THE JUVARE SERVICES CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS AND CONDITIONS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT VIEW, ACCESS, ENTER DATA INTO OR OTHERWISE USE THE JUVARE SERVICES.

The Juvare Services may include the provision of links to other websites (“Linked Sites”). The Linked Sites are not under the control of Juvare and Juvare is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Juvare is not responsible for webcasting or any other form of transmission received from any Linked Site. Juvare is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Juvare of the Linked Site or any association with its operators.

Some Juvare software applications and Services incorporate Google Maps as part of their Application Programming Interface (API). By agreeing to the terms and conditions of these Services, You also agree to the Google Maps/Google Earth Additional Terms of Service (located at https://www.google.com/help/terms_maps.html).

You may use the Services only if you: (1) are at least eighteen (18) years old and able to enter into contracts; (2) agree to these Terms; (3) maintain the accuracy of the information submitted to us; (4) are not based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and (5) are not listed on any U.S. government list of prohibited or restricted persons.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations.

Juvare may refuse service and change eligibility requirements at any time.

As a condition of Your use of the Juvare Services, You represent and warrant to Juvare that You will not use the Juvare Services for any purpose that is unlawful or prohibited by these terms and conditions, and including, without limitation, the license agreement, the use agreement, all confidentiality obligations and obligations of intellectual property, and notices. You may not use the Juvare Services in any manner which could damage, disable, overburden, or impair the Juvare Services or interfere with any other party’s use and enjoyment of the Juvare Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Juvare Services.

You agree that you shall not:

  • View or use any screen or function of the Juvare Services that is not necessary for your employer’s or contractor’s coordination of medical services or publication of health information;
  • Access, modify, reproduce, publish, adapt, translate or create derivative works based on any part of the Juvare Services (including, without limitation, being bound by the confidentiality and ownership obligations set forth in the Agreement); and/or
  • Commercially exploit, market, license or distribute access to or use of the Juvare Services.

The Juvare Services may contain messaging and communication functionalities designed to enable You to communicate with the public health and emergency services community at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Services. By way of example, and not as a limitation, You agree that when using a Communication Services, You will not:

  • Make communications, including, without limitation, personal communications, unrelated to the interests of and business of Your employer;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Transmit unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes;
  • Transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Juvare reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category; publish, post, upload, distribute or disseminate any offensive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another You of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other You from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
  • Use the Communication Service in any manner that causes a telecommunications provider to complain about Your use or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements;
  • Harvest or otherwise collect information about others, including email addresses, without their consent or under false pretenses;
  • Transmit, upload or insert any protected health information as regulated by the HIPAA, personally identifiable information, or personal data as may be regulated by the General Data Protection Regulation (aka GDPR) into the Juvare Services; and/or
  • Violate any applicable laws or regulations.

Your participation in the Communication Services may be edited, censored, or otherwise controlled by Juvare; however, Juvare has no obligation to monitor the Communication Services.

Juvare reserves the right to review materials posted to a Communication Services and to remove any materials in its sole discretion. Juvare reserves the right to terminate Your access to the Juvare Services at any time without notice for any reason whatsoever. Juvare reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Juvare’s sole discretion.

Juvare does not control or endorse the content, messages, or information found in any Communication Services and specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Services.

The Juvare Services could include technical inaccuracies or typographical errors. Juvare may make improvements and/or changes the Juvare Services at any time.

Modifications

We have the right to revise and amend these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. We will provide notice to you of any material change in the Terms by posting notice to the Website. Your continued use of the Services after such changes are made conclusively demonstrates your acceptance of such changes. If your purchase of the Services is on-going, we will give you prior notice of any changes to these Terms and you may elect to cancel the Services without penalty before the changed Terms affect You.

It is critical that you keep your email contact information correct and updated with Juvare at all times. In addition, we encourage you to check back regularly to review these Terms at least once every thirty (30) days.

We reserve the right to modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any content from the Services at any time without notice to you. We are not liable for any such modification, suspension, discontinuance or removal.

You can access Juvare via the Website and may register as a User of Juvare via the App free of charge. To register as a User and depending on the manner in which you access the Services, You may need to provide Your email address, and create a username and password to be used in conjunction with that email address.

Please use a strong password and limit its use to your account. You’re responsible for maintaining the confidentiality of your account and restricting access to and any activity occurring in such account (other than activity that Juvare is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

Feedback and Intellectual Property Rights

We own all proprietary rights in the Website, App and Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service.

Except for public domain material, the Website, App and Service is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the Content at the Website and App while connected to the Website and App (including, where available, to email individual Content to others directly from this site). You are also granted a limited license to print one copy of any Content posted at the Website, but only for Your personal use. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, App, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks such as metatags on other web sites also is strictly prohibited. You may not display the Website or App in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us through our feedback form.

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to Juvare in the course of using the Service or which Juvare retrieves or accesses at your direction or with your permission (“Content”).

You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, publicly perform the Feedback or incorporate any such Feedback into our software, the Services, or our business operations. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.

Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations, United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by any applicable laws.

10DLC, SMS, MMS, and Short Code Terms of Service

When you opt-in to the Communication Services, we will send you an SMS message to confirm your signup. You can cancel this service at any time by texting “STOP” to the number which messaged you. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again. Recipients subscribed to receive notifications before November 1, 2019 shall be considered to have provided consent.

If at any time you forget what keywords are supported, just text “HELP” to the number which messaged you. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. 

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

We are able to deliver messages to the following mobile phone carriers:

Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile

Minor Carriers: U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

As always, Message and Data Rates may apply to you and your data plan or text plan for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capability is not available at a particular time. Even without a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered. Carriers are not liable for delayed or undelivered messages.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT (I) YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE, INCLUDING ANY DOWNLOADS FROM THE JUVARE SITE; (II) WE WON’T BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY’RE BASED ON NEGLIGENCE OR WE’VE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; AND (III) IN ANY CALENDAR MONTH, OUR TOTAL LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE TERMS—WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE—WILL BE NO MORE THAN THE GREATER OF (A) WHAT YOU PAID US FOR THE SERVICE THE PRECEDING MONTH OR (B) ONE HUNDRED USD.

For the avoidance of doubt, in no instance will we be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE SERVICE AS-IS. THIS MEANS THAT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DON’T PROVIDE WARRANTIES, CONDITIONS, OR UNDERTAKINGS OF ANY KIND IN RELATION TO THE SERVICE, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT ISN’T LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMED AND EXCLUDED FROM THE TERMS. SINCE USERS USE THE SERVICE FOR A VARIETY OF REASONS, WE CAN’T GUARANTEE THAT IT’LL MEET YOUR SPECIFIC NEEDS.

Indemnification

You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is a terms to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us. You may not settle any claim subject to this section without our prior written consent. We may, but have no obligation to, take over control of the defense of any claim subject to this section, using counsel of our choice, at your expense, including, without limitation, reasonable attorney’s fees.

Disclaimers

We aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Users, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.

General

The Terms shall be governed by and construed in accordance with the laws of the State of Georgia without reference to the principles of conflicts of law of that state or any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts of the state of Georgia or the courts of the United States located in Fulton County, Georgia, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Website. You agree that all claims You may have against Juvare arising from or relating to the Website must be filed in accordance with this Terms within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including, without limitation, this paragraph. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Terms shall continue in full force and effect.

The Terms (and any other terms and conditions referenced herein) constitutes the entire Terms between you and Juvare with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Juvare with respect to the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

For all questions about the services provided by this short code, you can send an email to [email protected].

If you have any questions regarding privacy, please read the Juvare Privacy Policy, which is available via https://juvare.com/privacy-policy/.

General

The Terms shall be governed by and construed in accordance with the laws of the State of Georgia without reference to the principles of conflicts of law of that state or any other jurisdiction. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. Subject to the foregoing arbitration requirements, you hereby consent to the exclusive jurisdiction and venue of the courts of the state of Georgia or the courts of the United States located in Fulton County, Georgia, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Website. You agree that all claims You may have against Juvare arising from or relating to the Website must be filed in accordance with this Terms within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including, without limitation, this paragraph. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Terms shall continue in full force and effect.

The Terms (and any other terms and conditions referenced herein) constitutes the entire Terms between you and Juvare with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Juvare with respect to the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

For all questions about the services provided by this short code, you can send an email to [email protected].

If you have any questions regarding privacy, please read the Juvare Privacy Policy, which is available via https://www.juvare.com/privacy-policy/.

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