Terms of Service

TERMS AND CONDITIONS OF USE

Welcome to the SWN Communications Inc. a/k/a Send Word Now (“SWN”) web site (the “Web Site”). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions (the “Terms”). If you do not agree with the Terms, please refrain from using the Web Site.

GENERAL USE PROVISIONS

All materials provided on the Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (the “Materials”), are provided either by SWN or by their respective third party authors, developers and vendors (“Third Party Providers”) and are the copyrighted work of SWN and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of SWN or the appropriate Third Party Provider. You may not “mirror” any Materials contained on the Web Site on any other server without SWN’s prior express written permission. Except where expressly provided otherwise by SWN, nothing on the Web Site shall be construed to confer any license under any of SWN’s or any Third Party Provider’s intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by SWN. SWN does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by SWN. SWN hereby grants you permission to display, copy, distribute and download SWN’s Materials on the Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on the Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

LINKS TO THIRD PARTY SITES

The Web site may contain links to web sites controlled by parties other than SWN. SWN is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. SWN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SWN of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

THIRD PARTY PROMOTIONS AND PUBLICATIONS

SWN may run certain promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of any third party found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SWN is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party promoter on the Website. SWN has not co-authored, ratified, endorsed or adopted the information contained in any publications referenced on this web site by publishing it herein.

THIRD PARTY STATISTICS

SWN has not co-authored, ratified, endorsed or adopted any statistics provided by third parties by publishing them on the Web Site.

SUBMISSIONS

Except where expressly provided otherwise by SWN, all comments, feedback, information or materials submitted to SWN through or in association with this Web Site (“Submissions») shall be considered non-confidential and SWN’s property. By providing such Submissions to SWN, you agree to assign to SWN, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. SWN shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not SWN, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

DISCLAIMER

USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING ALL THE MATERIALS IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SWN DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SWN MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE. SWN MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY LAW, SWN IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF SWN HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

LOCAL LAWS; EXPORT CONTROL

SWN controls and operates the Web Site from its offices in various locations in the United States of America and makes no representation that the Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from SWN, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

GENERAL

The Web Site may include inaccuracies or typographical errors. SWN and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in the Web Site at any time without notice. SWN may periodically make changes to the Web Site. Any action related to these Terms will be governed by California law and controlling US federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional communications. SWN has the right to revise the Terms at any time without notice by updating this posting. SWN reserves all rights not expressly granted herein.

INTELLECTUAL PROPERTY NOTICES

Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by SWN. The SWN logo, Send Word Now Get Word Back See the Results, Recipient Self-Update, QuickSend, QuickSend via e-mail, Notification Simplified, Coordination Simplified, Send Receive Respond and Respect the Unexpected and/or other SWN products or services referenced herein are trademarks and or service marks of SWN Communications Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

Copyright © 2007 SWN Communications Inc., 224 West 30th Street, Suite 500, New York, NY 10001. All rights reserved.

Privacy Statement

Send Word Now (“SWN”) is totally dedicated to protecting your privacy. We take this responsibility seriously and treat it in the same manner as our promise to deliver you critical services in times of great need. SWN’s aim is to respect the sanctity of personal information while still providing our customers with the highest quality, most effective emergency notification and incident management services available anywhere. SWN observes the privacy principles of Notice, Choice/Fair Processing, Access, Security/Integrity, Onward Transfer and Enforcement/Compliance in processing personal information.

EU Safe Harbor

SWN fully complies with the Safe Harbor privacy principles published by the U.S. Department of Commerce.

Notice

When we retain and process personally identifiable information, we will make certain information available to those individuals on a reasonable and timely basis. This information will include what personal information is being collected, who is collecting it, how and for what purposes it is being collected, how it is being used and to whom it will be disclosed.

Any time we request personal information from you, SWN will include a link to this Privacy Policy. When you use our service, communicate with our support team or e-mail us, we may need to get contact information, such as your e-mail address, phone numbers and/or wireless device information. When you submit a question online, or report a problem with our products or services, we may ask for your name, mailing address, telephone number, or e-mail address, in order to facilitate a speedy response.

Choice/Fair Processing

The service we provide allows our customers to quickly and effectively communicate with their employees and customers during an emergency. In order to best provide this capability, we need to retain thorough, up-to-date contact information on employees and/or agents of our customers. This information pertains to multiple points of contact, such as e-mails, cell phones, landlines, wireless devices, pagers and instant messaging services and is maintained in a database known as a Contact List. All of the Contact List information we possess is collected by and turned over to us by an authorized account administrator (the “Administrator”) designated by our customer. The Administrator is explicitly empowered to collect Contact List information and provide the Contact List to us. SWN does not initiate the collection of any Contact List information. We will process Contact List information only with the consent of the Administrator when such processing is permitted by applicable law. If we need to process sensitive personal information, we will obtain explicit consent for such processing.

We will not process personal information in a manner incompatible with the purposes for which it was originally retained unless first authorized by the Administrator or allowed by law; we will take reasonable steps to ensure that such information is accurate, adequate, relevant and not excessive in relation to such purposes; and we will not keep such information longer than is necessary for such purposes.

We do not disclose personal information to a third party for direct marketing purposes.

Access

Once in our possession, we never use Contact List information for any purpose except as absolutely required in the performance of our essential functions. In the event that an individual wishes to verify, correct or delete their data, we will provide the Administrator with reasonable access to the personal information. We will also provide a means for individuals to exercise all other legal rights that they may have in relation to their personal information. Under no circumstance do we ever sell, lease, share, rent, or barter ANY of your personal information to anyone outside of SWN.

Personal information will be accessible and processed only by:

• SWN employees, carriers and other suppliers who require access for the performance of their obligations to SWN
• Any person granted access by the individual to whom personal data pertains
• Those otherwise authorized by law or court order.

Security/Integrity

SWN’s website has stringent security measures in place (both technical and organizational) to protect the loss, misuse, and alteration of information under our control. We use secure, encrypted technology, privacy protection controls, and restrictions on employee access in order to safeguard your information. Please note, while we will continually make every effort to implement safeguards to protect your personal information, SWN makes no warranties or representations as to the security and confidentiality of any data you transmit. Data you transmit to SWN is at your own risk. We are not responsible for the acts of third parties that unlawfully intercept your communications or obtain your personal information by any other unlawful means.

We will utilize reasonable means to keep personal information accurate, complete and current in order to protect the quality and integrity of personal information, however, we rely on the Administrator to provide all relevant information and to advise us of any changes to Contact List information to ensure that it remains accurate, complete and current.

Onward Transfer

Our policy is to maintain the confidentiality of the personally identifiable information of organizations and personnel except where the law mandates disclosure or when we have obtained prior permission to do so. We will disclose personally identifiable information to government officials and law enforcement agencies only when it is required by law (e.g., in compliance with a subpoena, warrant or court order) or if we believe in good faith that such action is appropriate and necessary to protect the life or safety of SWN users and the general public. When we transfer personal information within SWN or to third parties (including our suppliers and business partners), we will observe the privacy principles of Notice and Choice (described above), and we will require all the recipients of such data to provide at least the same level of protection for such data as specified by the standards stated in this policy.

Enforcement/Compliance

We will follow internal processes for handling complaints regarding our management of personal information.

We will demonstrate our compliance with this policy by:

• publishing this policy conspicuously so that it is accessible to all interested persons
• appointing and maintaining a Privacy Officer with responsibility for developing and implementing a privacy program
• implementing procedures to execute this policy in the conduct of our business, including training our employees in the use of such procedures and disciplining employees for failure to comply with this policy and its procedures
• at least annually, reviewing this policy to ensure that it continues to comply with prevailing privacy standards, current applicable law and regulations and existing agreements

Links

SWN’s website contains links to other websites. The SWN Privacy Policy does not apply to these linked sites and SWN is not responsible for, nor do we endorse, the privacy practices or the content of these sites.

Cookies

SWN uses cookies on our public website and within our primary applications to provide a consistent user experience but this information is not shared with others. Cookies are also used to track user sessions within the Send Word Now Client for Palm Treo application.

Changes to Privacy Policy

We reserve the right to change or update this Privacy Policy. In the event that we materially change our privacy policy, we will prominently provide notice on the www.sendwordnow.com homepage for 60 days thereafter.

EU Privacy Position Statement - Send Word Now

EU-US Safe Harbor for Privacy

The U.S. Department of Commerce and the European Commission have developed a framework of data protection principles (the “Safe Harbor”). This Safe Harbor is designed to provide U.S. organizations with a means to satisfy the European Union’s (EU) legal requirement that adequate data protections be afforded to personally identifiable information transferred from the EU to the United States. SWN is strongly committed to protecting the privacy of those who entrust us with their Personal Information. SWN fully complies with the Safe Harbor privacy principles published by the U.S. Department of Commerce (the “Principles”). SWN’s certification to the Safe Harbor list can be found here.

SWN’s European Union Privacy Principles

GENERAL:

SWN recognizes and respects the privacy interests of European citizens and residents concerning the Personal Information about them that SWN retains. This is a fundamental aspect of SWN’s EU Privacy Position Statement. SWN’s EU Privacy Position Statement may be supplemented or superseded by legal requirements in local jurisdictions.

SCOPE:

SWN’s EU Privacy Position Statement applies to all of the Personal Information about any person who is a European citizen or resident that is collected or retained as part of SWN’s operations. This statement supplements the general SWN Privacy Statement. The EU Privacy Position Statement also applies to agents and third parties that handle and process Personal Information about European citizens and residents on behalf of SWN.

PERSONAL INFORMATION:

Any information relating to an individual who is a citizen of, or resides in, the European Union that identifies the individual or could reasonably be used to identify that individual (regardless of the medium involved) shall be deemed “Personal Information.” Any Personal Information handled by SWN in connection with SWN’s operations, such as information about and from customers, employees, employees or customers of SWN’s customers, account holders and others, is covered by SWN’s EU Privacy Position Statement.

Collection and Use:

SWN collects, retains and uses Personal Information in accordance with the Principles. As part of providing its notification services, SWN retains Personal Information about the individuals who are to be contacted in the case of an emergency or other event (“Contact Lists”). The Contact Lists are created, populated and transferred to SWN by its customers. SWN acts as an intermediate data processor for these customers. It is the sole responsibility of SWN’s customers to obtain permission from their individual employees and other third parties prior to including Personal Information about such individuals on the Contact Lists. SWN may collect Personal Information about its employees and utilize that Personal Information for standard business purposes. SWN may also collect Personal Information on its websites, in connection with marketing, sales and similar activities, or in order for individuals to access and interact with certain SWN services. SWN may use this Personal Information to operate and improve its websites and services, to perform research and analysis and to communicate with an individual.

CHOICE:
Opt-Out

If an individual objects to SWN’s collection, use, or disclosure of certain Personal Information, the individual may at any time either send an email to SWN at privacy@sendwordnow.com or a fax to 212-379-4906, as further detailed under the heading "Complaint Resolution” below. SWN will make reasonable efforts to remedy the concerns of the individual, including, if applicable, by contacting the SWN customer that provided SWN with such Personal Information and requesting that the customer make reasonable efforts to remedy the concerns of the individual. If applicable, SWN may also request that the SWN customer contact the individual directly.

In no case will an individual be subject to sanction or retaliation for objecting to the collection, use or disclosure of the individual’s Personal Information. An individual withholding Personal Information or prohibiting its collection, use or disclosure, however, may be disadvantaged as a result of not making the information available. For example, unwillingness to provide information required to use a service or receive a benefit may make the individual ineligible for that service or benefit.

Sensitive Information

Individuals must affirmatively opt-in before SWN would transfer any “sensitive information” about the individual. Sensitive information is Personal Information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sexual preferences of the individual.

In certain limited or exceptional circumstances, and in accordance with the Principles, SWN may disclose an individual’s Personal Information without the individual’s consent, such as when SWN is required to disclose the information in order to carry out its employment law obligations or when such disclosure is in the vital interests of the individual or others.

ONWARD TRANSFER:

SWN recognizes the importance of respecting individuals’ privacy preferences.

As a part of its normal business operations, SWN may transfer an individual’s Personal Information to an agent or third party acting on behalf of SWN. In all such cases, the agent or third party must provide satisfactory written assurances that it subscribes to the Principles, ensures at least the same level of privacy protection as is required by the Principles or is subject to the EU Directive. If SWN becomes aware that the agent or third party is using or sharing Personal Information in a way that is contrary to the Principles, SWN will take reasonable steps to prevent or stop such processing.

ACCESS:

Should an individual wish to access the Personal Information that SWN has on file for him or her, the individual may at any time either send an email to SWN at privacy@sendwordnow.com or a fax to 212-379-4906, as further detailed in the heading "Complaint Resolution” below. SWN will take reasonable steps to make any corrections, amendments or deletions to the Personal Information that are requested by the individual. If SWN obtained the Personal Information through one of its customers, such steps may include putting the individual in touch with the customer so that the customer and the individual may resolve the issue between them and inform SWN of any agreed upon changes to the individual’s Personal Information. Access to an individual’s Personal Information may be denied if SWN’s customer prevents that access, if the information requested relates to an ongoing investigation of the individual, litigation or potential litigation, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy, or where the disclosure would compromise the privacy of other individuals.

DATA INTEGRITY:
Accuracy

SWN employs reasonable steps to keep Personal Information reliable for its intended use, accurate, complete and up-to-date.

Retention

SWN retains Personal Information only as long as needed to meet the purposes for which it was received or as required by contractual agreement or the Principles. SWN uses reasonable procedures to ensure that it archives Personal Information no longer than is required for the purposes for which it was originally collected, unless otherwise agreed to with a particular customer or individual. Some Personal Information of individuals may be archived to meet legal requirements, to provide evidence in cases of litigation or for internal statistical analysis.

SECURITY:

SWN takes reasonable precautions, including administrative, technical, personnel and physical measures, to safeguard Personal Information against loss, misuse, unauthorized access, disclosure, alteration, destruction and theft.

ENFORCEMENT:
Compliance

SWN maintains an active initiative to ensure compliance with the Principles and this EU Privacy Position Statement.

Complaint Resolution:

SWN recognizes the importance of having mechanisms in place to address and resolve complaints by individuals about the processing of Personal Information. Therefore, in addition to any legal remedies that may be available, if an individual covered by SWN’s EU Privacy Position Statement wishes to make a complaint or raise a concern about the processing of the individual’s Personal Information, and the matter is not resolved to the individual’s satisfaction through SWN’s internal procedures, then SWN will use a readily available and affordable independent dispute resolution mechanism to resolve the matter.

Individuals who have privacy concerns, including those who wish to limit use, disclosure and/or transmission of their Personal Information, or access their Personal Information, may follow these outlined steps to address the issue.