1. MEMBERSHIP AGREEMENT

The following Terms of Service (referred to as "TOS" or "Member Agreement") are between you and TREPIDUS, LLC (referred to as “TREPIDUS”).

These TOS constitute a legal document that details your rights and obligations as a TREPIDUS Member Account Holder (referred to as “Member“) of TREPIDUS Membership (referred to as the "Service" or “Account“). TREPIDUS may assign these TOS and its rights and obligations pertaining to the provision of the Service, or parts thereof, to a parent or affiliated company without notice. TREPIDUS may likewise assign these TOS, and its rights and obligations pertaining to the provision of the Service, or any parts thereof, to a parent or affiliated company without notice. All Members must accept these TOS as a condition of membership to the Service. For purposes of these TOS, "you" means the Member, each Sub Account Holder (Account User provisioned under the primary Member’s Account referred to as “Sub Account Holder“), the Account User (subject individual or entity utilizing the TREPIDUS Service Account referred to as the “Account User”) or of such Account Holders or User as the context requires.

Legal Authority.

If you are an individual, you must be an adult of at least 18 years of age to enroll in the Service as a Member Account Holder, but not as a Account User; and by accepting these TOS as a Member Account Holder, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting these TOS as a Member Account Holder, you confirm (through your duly authorized representative) that you are a corporation, partnership or other legal entity duly formed (and incorporated, if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; and you are also confirming that these TOS constitute a valid and binding obligation of yours.

Updates.

These TOS may be updated or changed from time to time. You can review the most current version of these TOS at any time at: www.trepidus.com/policyupdates.aspx or by visiting the “Policy Updates” link at the website www.trepidus.com . If TREPIDUS makes a change to these TOS and that change has a material impact on the Service, you will be provided notice of that change. Your continued use of the Service following such notice constitutes your acceptance of those changes. Please note that these TOS apply to you whether you pay a service fee directly to TREPIDUS or you receive the Service as part of an agreement between you and a third-party authorized to distribute, donate or resell all or a portion of the Service.

Description of Services.

The Service is primarily an emergency alert and notification system, but also includes a vast collection of resources provided by TREPIDUS, including various means and modes of emergency notification, communication, identification, and storage of personalized content to be accessed by the TREPIDUS User’s authorized third parties in the event of a condition precedent, an emergency or the death a specific individual, whether it be the TREPIDUS Account Holder or Account User. Included with your membership fee, you receive certain services and content. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TREPIDUS services, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that TREPIDUS assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user communications or personalization information.

Registration Discounts or Promotions.

Your Service may also include discounts or promotions on A La Carte Services not included with your basic membership fee. Discounts can not be refunded and are not applicable to any other TREPIDUS Service. A La Carte Services available for discounts or on a promotional basis may change without notice. All discounts will terminate upon cancellation of the Service and are non-transferable.

User Discretion Advised.

In order to qualify as a TREPIDUS Account Holder (but not Account User), you must be at least 18 years of age. Please be aware that there may be certain areas on the Service that contain adult or mature content and are designated for persons over 18 years of age. You must be at least 18 years of age to access and view such areas, and care should be taken to prevent access by members of your household who are under that age.

Membership.

When you accept these TOS and complete the registration process for the Service, you become the Member Account Holder. You or your designated Account User will be asked to choose a unique name for that account ("TREPIDUS Membership ID"). You may, depending upon the type of Membership Account you elect, have the ability to create "Sub Accounts" (each of which will have a separate password and TREPIDUS Membership ID) under your Member Account for others in your household or business, as the case may be. Each Sub Account will also be required to accept these TOS and complete the registration process for each Sub Account to become Sub Account User of the Service. Member Account Holders are responsible for all activity on your Member Account and on any of the Sub Accounts and Account Users. Violations of these TOS in a Member Account or in a Sub Account can result in suspension or termination of the Member Account and/or all associated Sub Accounts.

Combined IDs.

Multiple Member Account Holders and/or each respective Sub-Account Holder, if related household members or business entity members, may be given the option at the discretion of TREPIDUS to combine accounts to create a unique Master Membership Account. Combination of your Membership Account with the Membership Account of another, where applicable, will result in the linking of both Member IDs with the unique Master Membership Account.

Additional Terms.

When using particular services on the TREPIDUS website, you will be subject to posted guidelines or additional terms applicable to those services. In addition, certain services offered by TREPIDUS, such as Bill Pay, are governed by additional agreements. The posted guidelines, additional terms or additional agreements (as applicable) will be provided to you when you use, sign up for or register for those particular services. Unless otherwise expressly noted, the services provided by TREPIDUS are consumer services.

Services Defined.

"Core Services" are those services that are included as part of your membership in the Service.

"A La Carte Services" are those premium services or ancillary services that you may optionally purchase over and above your Core Services and are added to your TREPIDUS Account.

“Annual Membership” is core services provided on a annual basis at the applicable annual rate charged at the time of purchase or renewal, as the case may be, provided and charged on the anniversary of each year in perpetuity unless cancelled by TREPIDUS Member Account Holder or the means of payment is no longer available or provided within thirty (30) days of renewal.

“Lifetime Membership” is core services provided in perpetuity for a one-time fee paid in advance unless cancelled by TREPIDUS Account Holder.

Upon cancellation of the TREPIDUS Membership ID, refunds will only be provided based upon the refund policy in place at the time of purchase.

Termination of Services and Benefits.

Core Services, A La Carte Services, or any other benefits provided as part of the Service will terminate upon termination or discontinuance of your TREPIDUS Account with the Service or the expiration of the term without means of renewal, if applicable (collectively referred to as “cancellation“). All Core and A La Carte Services, discounts, and other benefits provided as part of or in connection with the Service are subject to change at any time without notice. You may cancel a service at any time by contacting TREPIDUS at:

Effect of Service Termination on A La Carte Services.

A) Combined TREPIDUS Membership ID.

If you combined your TREPIDUS Account with another TREPIDUS Account under this Service (referred to as a “Master TREPIDUS Account”) and then terminate your Service without terminating the Master TREPIDUS Account, any A La Carte Services you may have will remain in effect according to the terms applicable to each of those Services for the remaining TREPIDUS Accounts within the Master TREPIDUS Account, but not in effect for the cancelled TREPIDUS Account. For a period of at least Ninety (90) days after the termination of your Service account, you will be asked to close your TREPIDUS Account at any "log-in" opportunity (including, http://www.trepidus.com) using your TREPIDUS Membership ID. If you do not close your TREPIDUS Account within such period, TREPIDUS will automatically deactivate and close your TREPIDUS Membership ID and Account for you at the expiration of Ninety (90) days from cancellation. After your TREPIDUS Membership ID is closed, you will no longer be able to access your A La Carte Services using your TREPIDUS Membership ID.

B) No Combined TREPIDUS Membership ID.

If you did not combine a TREPIDUS Account with another account under this Service, then any A La Carte Services that you purchased under your TREPIDUS Account will terminate if you fail to transfer them to a new TREPIDUS Membership ID or Account User within ninety (90) days after termination of your Service account. Unless and until they are terminated, any A La Carte Services you may have will remain in effect according to the terms applicable to each of those services. Upon unilaterally transferring your A La Carte Services to a new TREPIDUS Membership ID or Account User, only the recipient TREPIDUS Account Holder will only be able to access these services using the recipient’s TREPIDUS Membership ID and password. Once you have cancelled your TREPIDUS Account, you will be given the option to transfer these services to a new TREPIDUS Membership ID or Account User at any TREPIDUS "log-in" opportunity (including, http://www.trepidus.com) using your TREPIDUS Membership ID within the transfer period. If you do not transfer these services to a new or existing TREPIDUS Membership ID or Account User, TREPIDUS will terminate these services and you may lose some associated data that is stored in connection with such services, such as contacts, emails, photos, personal information or other briefcase data that are attributable to the respective services. Your TREPIDUS Membership ID will either close or deactivate when you transfer your A La Carte Services within ninety (90) days from cancellation or, if you fail to transfer them, at the end of said transfer period.

Note: Sub-Accounts with a combined TREPIDUS Membership IDs will keep their A La Carte Services under their respective TREPIDUS Membership IDs when the TREPIDUS Membership ID of the Member Account Holder is closed. Sub-Accounts with no combined TREPIDUS Membership ID will not have an opportunity to transfer their A La Carte Services to a new TREPIDUS Membership ID after the TREPIDUS Account of the Member Account Holder is closed. Therefore, if Sub-Account Holders wish to retain their A La Carte Services and associated data, Sub-Account Holders should make the election following the process above before the TREPIDUS Membership ID of the primary Member Account is closed.

2. CONNECTION TO THE SERVICES

Software.

Other than all software provided to you by TREPIDUS and any revised version thereof that you choose to use, you must provide all equipment, devices and software necessary to receive the Service, including, but not limited to, internet access and SMS Messaging. Due to the infinite number of possible combinations of hardware and software, you are responsible for the compatibility of your system with the Service.

Toll Charges. 

In no event will TREPIDUS be responsible for any telephone fees, text messaging fees, or other devices or services charges incurred as a result of the use of the Services or implementation of the Service provided. Use and implementation of the Service (or portions thereof) and of specific means of notification or alert may be subject to change or interruption.

Operational Limits; Force Majeure.

While every measure has been undertaken to avoid technical and operational malfunctions, provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment, associated facilities, and accurate account information. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that TREPIDUS shall not be liable for such interruptions. You further understand and agree that TREPIDUS has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of TREPIDUS. In addition, TREPIDUS will be liable for any failure of performance, if such failure is due to any cause beyond TREPIDUS’s reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, sun spots, solar flares, terrorism, cable cut, disable cell tower, storm, or other similar occurrence, any law, order, regulation, direction, action, or request by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or suspension of existing Service in compliance with the state and/or federal law, rules and regulations, recipient’s device limitations or delays caused by you, your designated contacts, your emergency responders or your equipment.

General Limitations.

TREPIDUS is unable to guarantee a sent message or alert will reach or timely reach the intended party.

1. TREPIDUS may have the inaccurate or expired e-mail or telephone information on file;
2. The intended recipient may not be available or may elect, intentionally or unintentionally, to disregard the message or alert;
3. The entering party may inaccurately input the TREPIDUS Membership ID;
4. The intended recipient may not regularly check their telephone or e-mail;
5. The intended recipient may be experiencing technical difficulties with their mode of communication or have failed to maintain continued standing with their communication device service provider.
6. TREPIDUS system or support may be unavailable due to Operational Limits; Force Majeure;
7. TREPIDUS User may not have set up notifications;
8. TREPIDUS User may have disabled the alert notifications;

TREPIDUS is unable to guarantee that emergency responders or other potential users will know you have a TREPIDUS Membership ID.

1. TREPIDUS User may not have the TREPIDUS card or document stickers or same may not be readily visible.
2. TREPIDUS Membership ID card or document stickers may destroyed, damaged, mutilated or illegible.
3. TREPIDUS and its respective system may not be recognized by the emergency responder or other potential user.

Inherent limitations.

1. Text messages transferred and received may be limited to quantity and type of characters. This will limit the information TREPIDUS can send via text message.
2. An intended recipient may be experiencing technical difficulties with their mode of communication or have failed to maintain continued standing with their communication device service provider.
3. The Human Factor: TREPIDUS is limited to the information entered by the emergency responder or other user into the system. TREPIDUS will not be able to transmit any information not entered by the entering party.
4. While TREPIDUS is not yet equipped to send automated telephone messages for TREPIDUS Alerts, this will be a future feature included in the system at no additional expense as a Core Service.
5. Timing of alert or notification delivery is directly correlated to the speed and proper operation of the respective modes of communication.

3. YOUR REGISTRATION OBLIGATIONS

To make full use of the Service, all information that you provide to TREPIDUS must be accurate, including your name, e-mail address, address, telephone number, credit or charge card numbers and expiration dates and any service payment information ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to TREPIDUS by clicking on the “Dashboard” link at http://www.trepidus.com.

Support & Customer Service.

TREPIDUS provides free basic customer care for Services purchased from TREPIDUS and covered under these TOS. TREPIDUS reserves the right to change these Terms & Conditions from time to time in its sole discretion, with or without prior notice, by displaying the revised verbiage “Policy Updates” link at http://www.trepidus.com. It is your obligation to periodically review the Terms & Conditions. Your use of the TREPIDUS Service following any such change (whether or not such changes are reviewed) constitutes your agreement to be bound by the Terms & Conditions as amended.

4. CHILDREN

Adult Supervision.

TREPIDUS is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 18 will not be permitted to access the Service unless added as a Sub Account or Account User by a Member Account Holder who is their legal guardians. When you add your child to your TREPIDUS Membership Account, in addition to certifying that you are least 18 years old, you are certifying that you are the legal guardian of the child/children you wish to add to your TREPIDUS Membership Account. By adding a child to your TREPIDUS Membership Account or purchasing an Account on their behalf to be used by them as an Account User, you give your child permission to access all services accessible through the Service by children under 18 years of age with parental consent. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined below) provided through the Service are appropriate for a minor. Minors who access the Service are assumed to have parental or guardian consent before accessing the Service, and the TREPIDUS Account Holder shall be responsible for the actions of the child/children as it relates to the use of the TREPIDUS Account and TREPIDUS Membership ID.

Communications.

If you allow minors to access TREPIDUS features, please remind them of the severe penalties at law for misuse of the TREPIDUS Account features and the responsibility of the TREPIDUS Account Holder for the actions of the minors pursuant to this Agreement.

5. TREPIDUS AND TREPIDUS PRIVACY POLICIES

Registration data and certain other information about you is subject to the respective Privacy Policies of TREPIDUS. For more information, see http://www.trepidus.com/privacypolicy.aspx 

6. TREPIDUS “OPT-OUT” OPTION

TREPIDUS may elect to contact you from time to time via email, telephone or text regarding updates and other potential improvements, modifications, and solicitations. You hereby consent to receive said emails, telephone calls or text solicitations on a continual basis at the election of TREPIDUS from TREPIDUS. Should you elect to not consent to receive emails, telephone calls and/or text solicitations from TREPIDUS, you may unsubscribe from this type of contact or “OPT OUT” by following the “Dashboard” link to update your preferences at www.trepidus.com or contacting us at:

7. ACCOUNT SECURITY

Member Duty.

The TREPIDUS User will set a password and TREPIDUS Membership ID upon completing the Service registration process. You agree to keep confidential all passwords, and remain solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your password, TREPIDUS Membership ID or IP address. You agree to do all of the following: (a) immediately notify TREPIDUS if you suspect any breach of security such as loss, theft, Public Use or unauthorized disclosure or use of your Member Account or Sub Account, password, TREPIDUS Membership ID, or any credit or charge card number provided to TREPIDUS by calling (800)399-0295; (b) ensure that you exit from your account at the end of each session; and (c) periodically change your password.

Member Responsibility.

You are responsible for all use of the Service under the Membership and for all fees and charges associated with or incurred under the Membership, whether by the Member Account Holder, Sub Accounts Holder, or Account User.

Assumption of Risk.

There is a risk that other users may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Service and you agree to take full responsibility for taking adequate security precautions and safeguarding your data from loss.

Theft of Service.

You agree to notify TREPIDUS immediately, in writing or by calling the TREPIDUS customer support line at (800)399-0295 if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide a detailed description of the circumstances of the theft, including documentation of theft or fraudulent use of the Services (such as a copy of a police report). If applicable, you will be responsible for all charges incurred until you report the theft or fraudulent use, however, TREPIDUS may in its sole discretion waive or reduce charges upon submission of documentation of theft or other circumstances. Failure to provide notice to TREPIDUS of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by TREPIDUS, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your membership fees for Services not stolen or fraudulently used.

HIPAA and authorization for release of Health Information.

Pursuant to HIPAA, health organizations are required to keep your health information confidential. While TREPIDUS is not a health organization covered by HIPAA, your privacy continues to be of utmost importance to TREPIDUS. By accepting this Agreement, you hereby authorize TREPIDUS to release any uploaded health information electronically to only your third party designee and/or first responder in accordance with your prearranged options and designations in your TREPIDUS membership account. You understand that this only applies if you elect to upload medical information and supply same to a third party.

8. FEES

Agreement to Pay.

TREPIDUS Account Holder agrees to pay all fees and charges specified when you ordered your Service, including recurring and nonrecurring charges, taxes, fees and assessments applicable to the Service.

Commencement of Billing.

Billing for the Service commences when TREPIDUS provisions your Service whether or not you register or use the Service.

When billing commences for an Annual Membership, you will be billed for your first year of service in advance. Recurring charges for each subsequent year's Service will then be billed one year in advance in perpetuity on the anniversary of purchase unless cancelled by the Account Holder. Billing is based on a one (1) year billing cycle.

When billing commences for a Lifetime Membership, you will be billed for your one-time fee in advance and no reoccurring charges shall be applicable unless cancelled and renewed.

Refund Policy.

If you purchase a TREPIDUS Membership and terminate your Service within the first thirty (30) days, your membership will be completely refunded. If you purchase an Annual Membership and terminate after the expiration of the initial thirty (30) days after your charge has been incurred, you will be charged for the pro-rated number of days for which you had service in that billing cycle, and will receive a credit for the remaining balance. No refunds will apply to Lifetime Memberships upon cancellation after the expiration of the initial thirty (30) days after the charge has been incurred.

Credit Card Authorization.

You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize TREPIDUS to charge and/or place a hold on your credit card with respect to any unpaid charges for Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize TREPIDUS and/or any other company who bills products or services, or acts as billing agent for TREPIDUS to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide TREPIDUS with updated credit card information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither TREPIDUS nor any TREPIDUS affiliated companies will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at TREPIDUS's option, to the account number provided for such automatic payment or electronic funds transfer plan.

Method of Payment.

Your basic membership fees may be billed to your TREPIDUS billing account or charged to a charge card or a credit card. Additional fee services that are not included with your basic membership fee will be charged to your charge card, credit card or debit card. By authorizing TREPIDUS to charge a credit card, debit card or charge card debit your account at your financial institution, or bill charges to your TREPIDUS billing account, you are authorizing TREPIDUS or its respective designated representatives or agents to automatically continue charging that card (or any replacement or assignment card account if the original card is renewed, lost, stolen, or changed for any reason by the credit-issuing entity, and such entity informs TREPIDUS of such new replacement card account), financial account, or billing account for all fees and charges associated with your membership.

Advance Payments And/Or Deposits.

We may require you to make deposits or advance payments for Service, which we may use to satisfy your initial bill for Service, to offset against any unpaid balance on your account, or as otherwise set forth in these TOS or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate.

Other Charges; Failure to Pay.

In the event you fail to pay charges, TREPIDUS is unable to bill you, or TREPIDUS is unable to bill outstanding sums for the Service to your credit card or apply to a deposit or advance payment; TREPIDUS reserves the right to bill outstanding sums to your credit card or to your TREPIDUS billing account or to send an invoice directly to you. TREPIDUS may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse TREPIDUS for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as fees assessed against you or TREPIDUS on the charges and all late payment or other fees as stated on your bill. You will also be charged a fee for any check returned to TREPIDUS relating to the Service. TREPIDUS may modify its billing practices or late payment charges by providing you with prior written notice of the modification.

Service Suspension/Termination.

Your service may be suspended or terminated if your payment is past due, if you violate the Acceptable Use Policy; or if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow TREPIDUS to bill you for Service. Billing will continue while you have suspended service.

Fees & Charges.

TREPIDUS may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges. These new fees or charges will be implemented at the commencement of the next billing cycle after the change is effective. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable. Unless otherwise stated, all amounts are in U.S. Dollars.

Bill Inquiries.

If you believe you have been billed in error for the Service, please notify us within sixty (60) days of the billing date by contacting Customer Service about the error. TREPIDUS Customer Service can be reached at (800)399-0295. TREPIDUS will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation.

Cancellation.

You may purchase a TREPIDUS Membership and terminate your Service within the first thirty (30) days and be entitled to a complete refund of your membership. However, if you purchase an Annual Membership and cancel said membership after the expiration of the initial thirty (30) days after your charge has been incurred, you will be charged for the pro-rated number of days for which you had service in that billing cycle, and will receive a credit for the remaining balance. No refunds will apply to Lifetime Memberships upon cancellation after the expiration of the initial thirty (30) days after the charge has been incurred.

Free Trials.

If you are a Member who has enrolled in the Service as part of a "FREE" trial offer, please note that unless otherwise indicated by the specific offer, your free trial time must be used within one month of your enrollment in the Service. To avoid being charged for additional service, you must cancel your membership before the end of that first month by calling the telephone number provided with the offer or (800)399-0295. You are responsible for telephone company charges to access the Service during the "FREE" trial period.

Telecommunication Charges.

You are responsible for purchase and payment of network services (transport) needed for use of the Service. Any long distance, measured service or toll charges incurred by you to dial into the Service during your use of the Service will be your sole responsibility.

9. MEMBER CONDUCT

You agree that you will NOT use the Service to:

1. Falsely or inappropriately alert, alarm, or excite receivers as prohibited by federal law;
2. Upload, post, email, transmit or otherwise make available any Content (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortious, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3. impersonate any person or entity, including but not limited to TREPIDUS personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
8. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
9. "stalk" or otherwise harass another; or
10. collect or store personal data about other users without authorization.

Attempts to Break Security.

You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these TOS, and such breach may result in suspension or termination of the Service and possibly referral to law enforcement authorities. Unauthorized access to the Service, restricted portions of the Service or the telecommunications or computer facilities used to deliver the Service is a breach of these TOS whether or not such activities are a violation of law. Further, you are required to take adequate security measures to prohibit others from unauthorized access or use of the Service, including Public Use, and you must take prompt remedial measures upon notice of breaches or potential breaches of security.

10. INTERSTATE NATURE OF COMMUNICATIONS ON TREPIDUSAND TREPIDUS NETWORK

When you register with the Service, you acknowledge that in using certain services to send electronic communications (including but not limited to email, uploading photos and files, and other Internet activities), you will be causing communications to be sent through TREPIDUS's computer networks, portions of which are currently located in the United States and portions of which are located abroad. As a result, and also as a result of TREPIDUS's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TOS, you acknowledge that use of the Service results in interstate and international data transmissions.

11. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

12. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Assumption of Risk.

You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TREPIDUS, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via the Service. TREPIDUS does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable; and you may be exposing others to Content that others find objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you and/or the recipient of Service may not rely on any Content submitted to or transferred by TREPIDUS on your behalf.

Limitation of Liability.

Under no circumstances will TREPIDUS be liable in any way for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

Removal of Content.

You acknowledge that TREPIDUS does not pre-screen Content uploaded or transmitted via the Service. Without limiting the foregoing, TREPIDUS will have the right to remove any Content that violates these TOS or is otherwise objectionable.

Preservation of Content.

You acknowledge and agree that TREPIDUS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TREPIDUS, its users and the public.

For more information, see http://www.trepidus.com/privacypolicy.aspx

Changes to Content.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to applicable security requirements; and/or (c) changes to conform and adapt to technical requirements of connecting networks or devices.

Grant of License.

TREPIDUS does not claim ownership of Content you submit on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant TREPIDUS the following world-wide, royalty-free and non-exclusive license(s), as applicable:

1. With respect to Content you submit or make available upon a condition precedent (ie: emergency activation of your TREPIDUS Membership ID in the system), you grant TREPIDUS the license to use, distribute, and publicly display such Content to the recipient of the Service solely for the purposes of providing the specific Service which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or TREPIDUS removes such Content from the Service.
2. With respect to photos, graphics, audio or video you submit or make available upon a condition precedent (ie: emergency activation of your TREPIDUS Membership ID in the system), you grant TREPIDUS the license to use, distribute and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or TREPIDUS removes such Content from the Service.
3. With respect to Content other than photos, graphics, audio or video you submit or make available upon a condition precedent (ie: emergency activation of your TREPIDUS Membership ID in the system), you grant TREPIDUS the perpetual, irrevocable and fully sub-licensable license to use, distribute, modify, adapt, publish, translate, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

Condition Precedent.

"Condition Precedent” shall be deemed an event that requires the action of emergency responders, friends, family, teachers, employers, care providers and others as the case may be to alert your designated contacts or intended recipient as you desire and specifically elect.

13. INDEMNITY

You agree to indemnify and hold TREPIDUS and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of these TOS or your violation of any rights of another.

You acknowledge that you are responsible for all use of the Service using your account, including use by your Sub Accounts and Account Users, and that these TOS, the Acceptable Use Policy and Privacy Policy, as amended from time to time, apply to any and all usage of your account, including use by your Sub Accounts and Account Users. You agree to abide by these terms and you agree to defend, hold harmless and indemnify TREPIDUS from and against any and all claims stemming from usage of this account and any Sub-Account - whether or not such usage is expressly authorized by you.

14. RESTRICTIONS ON USE AND PROHIBITION OF RESALE

No Resale.

The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes your membership in the Service, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by a specific application. All aspects of the Service, except that portion provided by third party providers, is copyrighted and property of TREPIDUS, LLC. Restricted Use.

You agree not to permit anyone other than your Account User to use your Member Account and that each Sub Account may only be used by one member of your household or business, as applicable.

15. GENERAL PRACTICES REGARDING USE

Disconnection.

TREPIDUS may automatically disconnect your session for a period of inactivity, which period will be within TREPIDUS's sole discretion.

General Practices & Limits.

You also acknowledge that TREPIDUS may establish general practices and limits concerning use of the Service, including without limitation, limiting the maximum size and quantity text of transmission, the maximum size and quantity of email messages that may be sent from an Account on the Service; and the maximum disk space that will be allotted on the TREPIDUS network on your behalf. You agree that TREPIDUS shall have no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Service, or for other Content maintained or transmitted by the Service. You acknowledge that TREPIDUS reserves the right to log-off accounts or disconnect sessions that are inactive for an extended period of time. You further acknowledge that TREPIDUS reserves the right to change these general practices and limits at any time without advance notice.

16. MODIFICATIONS TO SERVICE

TREPIDUS reserve the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. Should the technology become available, TREPIDUS and its affiliates reserve the right to provision your Service over a different access technology and may do so without notice if such change(s) will not negatively impact the Service for which you signed up. Without limiting the foregoing, TREPIDUS may post, or email, notices of changes in the Service. It is your responsibility to check our website and your email address provided to TREPIDUS for any such notices. You agree that TREPIDUS will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

17. TERM AND TERMINATION

Termination for Cause.

TREPIDUS may immediately terminate all or a portion of your membership or suspend any or all individual Member's access to all or a portion of the Service, without notice, for conduct that TREPIDUS believes is: (a) illegal, fraudulent, harassing or abusive; (b) a violation of these TOS, any policies or guidelines posted by TREPIDUS on the Service; or (c) harmful to other users, Members, third parties or the Service. If TREPIDUS has terminated or suspended a portion but not all of your Service for the foregoing reasons, you will nevertheless be responsible for the all charges for the Service through the date of termination. Use of a membership for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to the Member. Upon termination of your membership by TREPIDUS for any of the above-mentioned reasons, you will not establish a new membership with TREPIDUS for a period of not less than five (5) years from the date of termination. Upon termination of your membership, TREPIDUS will have no obligation to notify any third parties nor will TREPIDUS be responsible for any damages that may result or arise out of termination of your membership.

Third Party Termination.

If you have obtained the Service from a third party, your right to use the Service may be cancelled or suspended by such third party without notice from TREPIDUS.

Use Limitation.

TREPIDUS reserves the right to suspend or terminate your Service or to suspend or terminate any TREPIDUS Membership Account used by you in the event it is used in a manner, which (i) constitutes violation of any law, regulation or tariff; (ii) is fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; ;(iv) violates the resale or restrictions on use provisions of this agreement or any other TREPIDUS policy, which may be amended from time to time, interferes with other Members' use and enjoyment of the Services provided by TREPIDUS.

Termination - Legal Event.

In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes TREPIDUS to believe that these TOS and/or the Service provided hereunder may be in conflict with such rules, regulations and orders, TREPIDUS may suspend or terminate the Service, or terminate these TOS without liability. In the event TREPIDUS cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such ruling, regulation or order; TREPIDUS may thereafter permanently terminate the Service and/or these TOS without liability.

Termination - Sub-contractor or Vendor Event.

In the event an TREPIDUS subcontractor or vendor for the material features of the Service stops providing the Service (or any material features thereof) to TREPIDUS for any reason, TREPIDUS will have a reasonable opportunity to arrange for alternative subcontractors or vendors to continue the provision of the Service. In the event that TREPIDUS cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such sub-contractor or vendor event, TREPIDUS may thereafter permanently terminate the Service and/or these TOS without liability.

Termination for Default.

If you fail to pay any charge when due or if you provide false or inaccurate information that is required for the provision of the Service or is necessary to allow TREPIDUS to bill you for the Service, and such condition continues un-remedied for thirty (30) days, you will be in default and TREPIDUS may suspend or terminate your Service and your TREPIDUS Account. Upon termination of the Service, your TREPIDUS Membership ID and Account will be permanently lost after the expiration of the cancellation period which is ninety (90) days from cancellation.

Term and Termination for Convenience.

You agree to the specified term set forth in the promotional offer under which you purchased the Service. In the absence of a specified term, the term for your Service will be year-to-year. At the end of the promotional term, the Service shall convert to a year-to-year term at the then-current annual rates.

Contacts to Terminate Service:

Should you elect to cancel your Account, you may effectuate this by following the “Contact Us” link at www.trepidus.com or contacting us at:

Access to TREPIDUS After Termination.

Upon termination of your Service, you will no longer have access to the TREPIDUS Service using your TREPIDUS Membership ID. If you combined your TREPIDUS Account with another TREPIDUS Membership ID or Account, after termination of the Service you will not be able to access the TREPIDUS Account, but only the Sub Accounts provisioned, under your combined TREPIDUS Membership Account (your TREPIDUS Membership ID will be closed automatically no fewer than ninety (90) days after your Service account termination). If you did not combine a TREPIDUS Membership ID with your TREPIDUS Membership Account, after termination of the Service you will be given the option to transfer some of your Member account information (e.g. email, calendar, address book, date) to an existing or a new TREPIDUS Account. For at least ninety (90) days after termination of the Service, you will be given the option to close your TREPIDUS Membership ID and, if applicable, to transfer certain account information to a new TREPIDUS Membership ID at any TREPIDUS "log-in" opportunity (including, http://www.trepidus.com) using your TREPIDUS Membership ID. For users with a combined TREPIDUS Membership Account, once your TREPIDUS Member Account is closed you may use your TREPIDUS Membership ID to access the TREPIDUS Account provisioned under the combined TREPIDUS Account. For users with no combined TREPIDUS Member Account and just a TREPIDUS Membership ID, if you fail to transfer your Member account information, you will no longer be able to access any of your Member account information after ninety (90) days from cancellation.

Note: Sub-Accounts may be able to be accessed by the Account Holder even after the primary Member Account is closed.

Retention.

TREPIDUS has no responsibility for retaining or delivering Services for the Member Account at the time of that Member's suspension, termination, or cancellation. After a Member's suspension, termination or cancellation, TREPIDUS has no responsibility for retaining any data with respect to such Member Account.

18. DEALINGS WITH THIRD PARTIES

Third Parties.

If you are receiving Service as part of an agreement between you and a third-party whom TREPIDUS has authorized to distribute or resell all or a portion of the Service, TREPIDUS is not responsible for or bound by the terms of any agreement you may have with that third-party.

19. LINKS

The Service or third parties may provide links to other World Wide Web sites or resources. Because TREPIDUS has no control over such sites and resources, you acknowledge and agree that TREPIDUS is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TREPIDUS will be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

20. TREPIDUS'S PROPRIETARY RIGHTS AND THIRD PARTIES

No Conveyance.

Nothing contained in these TOS may be construed to convey to you any interest, title, or license in the TREPIDUS or TREPIDUS Membership ID used by you in connection with the Service.

Acknowledgment of Third-Party Rights.

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TREPIDUS or advertisers; you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service in whole or in part without authorization of TREPIDUS.

21. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TREPIDUS LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. TREPIDUS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (FOR EXAMPLE BUT WITHOUT LIMITATION, TREPIDUS DOES NOT WARRANT THAT YOU OR YOUR INTENDED RECIPIENT WILL ALWAYS RECEIVE EMAILS OR TEXTS UPON A CONDITION PRECEDENT), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE RECIPIENT OR INTENDED USER WILL UTILIZE THE SERVICE, AND (vi) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL TO YOUR COMPUTER OR TREPIDUS ACCOUNT.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TREPIDUS OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE COMPUTER PORTION OF THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

22. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TREPIDUS NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TREPIDUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY UTILIZING (OR NOT UTILIZING AS THE CASE MAY BE) THE SERVICE; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (I.E., THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SERVICE, OR (f) ANY OTHER MATTER RELATING TO THE SERVICE.

YOUR SOLE REMEDY AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TREPIDUS IN CONNECTION WITH THE SERVICE IS THE CANCELLATION OF YOUR MEMBERSHIP AS PROVIDED IN THESE TOS. THE MAXIMUM LIABILITY OF TREPIDUS IN THE EVENT OF LIABILITY BY TREPIDUS IS A REFUND OF YOUR MEMBERSHIP FEE.

23. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU.

24. NOTICE

Unless otherwise specified in these TOS, notices to you may be made via either email, telephone, text messaging or regular mail. TREPIDUS may also provide notices of changes to these TOS or other matters by sending email, displaying notices or links to notices to you generally on the Service, or by posting material on the “Policy Updates” link at http://www.trepidus.com. It is your responsibility to check the TREPIDUS website and your TREPIDUS email for such notices.

Unless otherwise specified in these TOS, notices by Members to TREPIDUS must be given by calling: (800)399-0295

LEGAL NOTICES must be given by letter delivered by first class US mail to TREPIDUS, LLC, 888 E. Belvidere Road, Unit 123, Grayslake, IL 60030 USA

25. TRADEMARK INFORMATION

The TREPIDUS, TREPIDUS logo (copyright), TREPIDUS (in Chinese Characters), TREPIDUS (in French), TREPIDUS (in Polish), TREPIDUS trademarks and service marks, and other TREPIDUS logos and product and service names, are each trademarks of TREPIDUS, LLC (collectively the "TREPIDUS Marks"). Without prior written permission of TREPIDUS, LLC, you agree not to display or use in any manner, the TREPIDUS Marks.

26. GENERAL INFORMATION

These TOS, any other policies or guidelines referenced herein and the terms set forth in any promotional offer for the Service constitute the entire agreement between TREPIDUS and you. These TOS govern your use of the Service, superceding any prior agreements between you and TREPIDUS with respect to the subject matter of these TOS. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TREPIDUS or affiliate Services. These TOS and the relationship between you and TREPIDUS will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and TREPIDUS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lake County, Illinois. The failure of TREPIDUS to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that, except as otherwise expressly provided in these TOS, there shall be no third party beneficiaries to this agreement. You agree that your TREPIDUS Account is non-transferable and any rights to your TREPIDUS Member ID or contents within your account shall terminate upon your death unless you complete the Service area to the contrary. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted upon request of your estate. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles and paragraph headings in these TOS are for convenience only and have no legal or contractual effect.

27. VIOLATIONS

To report violations of these TOS, please go to: http://www.trepidus.com/ContactUs.aspx or e-mail us at: info@trepidus.com.

Last updated on July 1, 2008

Policy Updates