(End User License Agreement “EULA”)
Effective Date: November 2023
By using the Report It Services, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to all Report It Services. Please print or save a copy of these Terms and Conditions for your records.
Modifications to these terms and conditions
Report It may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Report It, LLC will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Report It Websites. The amended Terms and Conditions will also appear when the Platforms are accessed by you, and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platforms. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Websites and Platforms and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Report It Services after such changes are posted you agree and consent to all such changes.
Access to the platforms
You may access and use the Report It Services via remote access connectivity. Report It grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Report It Services in accordance with these Terms and Conditions.
Report Its role
Report Its role is limited to making the report information you provide available to the participating organization(s). Report It is independent from the participating organization(s) and is not responsible for such organizations acts, omissions or for any content of the communications made by them. The information in this transmittal is being forwarded in the strictest confidence, meaning that Report It will not voluntarily disclose any information under any circumstances without your consent. Report It is forwarding the information solely as a service for the receiving party. You also agree and understand that Report it has no responsibility or authority to take any action based upon the information provided by you.
Your representations and warranties
By using the Report It Services, you represent and warrant the following: (i) you have the legal ability and authority to enter into these Terms and Conditions with Report It, (ii) you will comply with any and all laws applicable to your use of the Report It Services, (iii) you will not interfere with a third party's use and enjoyment of the Report It Services, and (iv) you will not interfere with or disrupt Report It or its vendors' security measures.
If you violate these Terms and Conditions, your ability to use the Report It Services may be terminated. Report It may, in its sole discretion, terminate your access to the Services, Apps, Websites and/or Platforms (The Report It Services), or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Report It may have available at law. Further, Report It shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Report It Services. Upon any termination of these Terms and Conditions you must immediately cease use of the Report It Services. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
In using the Report It Services, you agree not to:
- Send or otherwise transmit to or through the Report It Services any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Report It Services or computers of any kind;
- Restrict or inhibit any person from using the Report It Services, disclose personal information obtained from the Report It Services or collect information about users of the Report It Services;
- Reverse engineer, disassemble or decompile any section or technology included in Report It Services, or attempt to do any of the foregoing;
- Launch or use any automated system, including without limitation, “robots," "spiders," or "offline readers," that access the Report It Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations in any way;
- Alter or modify any part of the content or services offered on or through the Report It Services;
- Breach or otherwise circumvent Report Its, security or authentication measures; and
- Assist or permit any persons in engaging in any of the activities described above.
Intellectual property rights and content
Report It is the sole and exclusive owner of the Report It Services including any Apps, Websites, and Platforms, all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, and to the Apps, Websites, and Platforms and any related materials and documentation. No title or ownership of the Report It Services or any portion thereof is transferred to you hereunder. Report It reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Report It Services
SMS MOBILE MESSAGE TERMS AND CONDITIONS
Report It offers a mobile messaging program, The Report It Create a Report Program and Messaging Service to which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions. The keyword "REPORTIT" will be used to send users a link to download and install the Report It App and client specific keywords (i.e. "OCCS") will be used to send a link to create a report for a participating organization.
Be advised that message and data rates may apply and that the message frequency may vary. By opting in to or participating in our Program, you accept and agree to these terms and conditions.
User Opt In: The Program allows Users to receive a single SMS mobile message by affirmatively opting in using the advertised keyword to 63975
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to 63975 to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out.
User Help: To request more information or seek help please text "HELP" to 63975, call 855-974-8273, or email firstname.lastname@example.org
The following Operators are supported: Verizon Wireless, AT&T, Sprint, TMobile®, Boost, Virgin Mobile USA & Metro PCS, U.S. Cellular. Carriers are not liable for delayed or undelivered messages.
The Report It Services may contain links to third-party websites. Linked sites are not under the control of Report It and Report It is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Report It endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Report It disclaims all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
Indemnification and limitation of liability
You agree to defend, indemnify and hold Report It, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers, harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Report It Services; and (c) provision of other disclosure to Report It of any other information or data and the use of same by Report It as contemplated hereunder.
IN NO EVENT SHALL REPORT IT, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE REPORT IT SERVICE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Report It shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Report Its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
The Report It Services are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Report It disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Report It does not warrant that the Report It Services will be uninterrupted or error-free, that defects will be corrected or that the Report It Services or the server that makes it available are free of viruses or other harmful components.
Report It makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Report It Services for a particular purpose. Report It assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Report It Services.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Choice of law and jurisdiction
These Terms and Conditions are governed by the laws of Pennsylvania. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Pennsylvania in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No delay or omission by Report It to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Report It must be in writing and signed by an authorized representative of Report It.
These Terms and Conditions constitute the entire agreement between you and Report It as it relates to the access to, and use of, the Report It Services and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations, and proposals, written or oral between Report It and you.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Report Its prior written consent. Report It may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Contact / Notices
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Report It under the Terms and Conditions, please contact Report It at email@example.com
Report It may provide notices or communications to you on the Websites and/or Platforms and you agree that such notices shall constitute notice to you whether or not you actually access the notice.