- Acceptance of Terms
Welcome to Response Ready, LLC’s (“Response Ready”) emergency preparedness membership service (ReadyOne). Your use and access to the articles, communication tools, forums, groups, templates, tools and other services (collectively the “Service”) that are available through the website and associated domains of http://ReadyOne.us (the “Site”) is subject to these Terms of Service (“Terms”). These Terms are the entire agreement between you and Response Ready, LLC. These Terms will also apply when you use the Service on a trial basis. By using the Service in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization. If you do not agree to these Terms, do not use the Service.
- Description of Service
Our web-based Service allows users who register for an account (each an “Account Holder”) access to our curated and original content as well as other services as provided. Any new features on the Service, including the release of new tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the ReadyOne Newsletter. These communications are considered part of ReadyOne membership. You may not access the Service by any means other than through the Service interfaces we provide you.
To register as an Account Holder, you must provide us with a valid email address and other information (“Registration Data”). You will choose a password and account designation for your web sites during the registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Response Ready has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. Individuals under the age of 13 are prohibited from creating or using accounts through ReadyOne.us.
- Privacy Notice
Our Privacy Notice, which is part of these Terms, describes how we collect, protect, and use your Registration Data and certain other information about you. We encourage you to read the Privacy Notice, and to use the information it contains to help you make informed decisions.
- Website Account and Security
You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
- Proprietary Rights
The Service, all confidential and proprietary software used in connection with the Service, Materials, content contained in sponsor advertisements or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through Response Ready are owned by us or other parties that have licensed their materials, content, or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws. “Materials” means any necessary software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof. Response Ready gives you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms. All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Response Ready or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted without the express written permission of Response Ready or the respective third-party Mark owner. We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Response Ready representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to our Privacy Notice.
- Content and Conduct Rules and Obligations
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service (“Content”) are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we 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 Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You will not:
- upload, post, transmit or otherwise make available any Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
- is unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
- contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any ReadyOne user to access the Service;
- is intended to take advantage of a user such as “get rich quick,” “get paid to surf,” pyramid/multi-level marketing, or other dubious schemes; or
- is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;
- harm minors in any way;
- “stalk,” “bully,” or otherwise harass another;
- impersonate any person or entity, including, but not limited to, a Response Ready official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- 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;
- intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
- solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
- exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content).
- We retain the right to terminate any account or user who has violated any of the above prohibitions.
Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Response Ready (such goods and services, “Products”). These will be mostly through our For Sale/Trade Forum. We are merely providing the platform for buyers and sellers to conduct transactions for these Products. In order to sell through ReadyOne, you must be 18 years or older or at least the age of majority where you reside or from where you use our Services and you must provide your full legal name, valid email address, and any other information requested by us.
For Sale/Trade Forum
All users who use the Trading Post must read and acknowledge the rules below. Failure to do so will result in your threads being removed, and possibly, loss of For Sale/Trade privileges.
- All firearm sale rules and regulations apply
- Business shall be conducted in an honorable fashion
- Be honest and accurate
- Don’t lie or be deceptive. This includes “Shill” or “plant” type activities
- Theft and fraud are prohibited. Site staff may cooperate in any legal action against such activities
- When putting an item up for sale or trade, it is strongly recommended you follow ALL guidelines, when offering something for sale, a price MUST be included
- When offering something for trade, a cash trade value MUST be included
- When asking for a face to face transaction and/or local sale/trade, include your location
- Be respectful. Do not ‘spam’ or disrespect others ad’s.
- Reading an ad is not an obligation to purchase any item
- Don’t post in an ad with a complaint or negative comment about the deal, price, or seller’s conditions
- Discuss any transaction details or problems off-line, use messaging, email or some other means
- Making or accepting an offer should be honored. If you can’t stand behind your word, don’t give it! Repeated offenses by the same seller may result in an outright ban from the site
- You may “bump” your threads no more than once per day
- Posting an item by simply linking an ad from another site such as Craigslist, eBay, GunBroker, etc. is not acceptable. If you want to Buy/Sell/Trade here, post a complete advertisement here. If you then wish to include the link to the other ad for reference, you may do so. All advertisements must be able to stand on their own without needing to view an external link, all non-compliant advertisements will be deleted an infraction may be issued
- When your item(s) have sold or become otherwise unavailable, update the thread, then PM a mod or report your thread to be closed
- Threads that have had no activity for 30 days or more will be deleted
- It is the responsibility of the seller to monitor their thread, IM and email. Reports of no response from a seller may result in the removal of the ad. Repeated offenses by the same seller may result in loss of Trading Post privileges, or possibly, an outright ban from the site.
- Be honest
- No “shill” or “plant” posts permitted
- Before leaving negative feedback for anyone, please try and work things out
- If fraud or theft is suspected, solicit the assistance of site staff
- There should only be one thread per user name
- Instructions for leaving feedback:
- Attempt to locate the user you would like to leave feedback for
- Use the Search function
- Sort by thread title (user name), this is located near the bottom of the page
- If you find a thread for the user you were looking for, post your feedback
- If you do not find the thread for the user, start a new thread using ONLY the user name
You Will Not:
- Offer or sell any Products that:
- are illegal or potentially illegal, including those that are counterfeited, stolen, or fraudulent. Products sold using the Services must comply with all applicable laws, including Products sold to individuals outside of the U.S.;
- infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libelous, slanderous, or otherwise defamatory;
- we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent.
- use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
You may agree to a one (1) month or twelve (12) month contract agreement with Response Ready. Some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable feature Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information. All Fees are in USD and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof. If you purchase any Services that we offer for a Fee, you consent to Response Ready, LLC, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase, and (b) any applicable taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY EMAILING ADMIN@READYONE.US.
- Cancellation and Service Changes
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your setting and information will be deleted. For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service.
Third Party Services, Software, Communications and Websites; No Implied Endorsement Response Ready is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content, or website (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials through the Site. Third Party Materials, such as email, messaging, and other communication tools including but not limited to, Zello, Hush, Wire, and others may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials. Communication Services:
Upon cancellation of your account with ReadyOne and Response Ready you are no longer authorized to use any UHF, VHF, or other frequencies licensed to Response Ready. These frequencies must be removed from your radios immediately upon cancellation. Any unauthorized use of these frequencies will be reported to the Federal Communications Commission.
- Resale of Service
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with Response Ready.
You will indemnify and hold harmless Response Ready, LLC, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys’ fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, or (c) any Products you offer on or through the Site or using our Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
- Disclaimer of Warranties
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. We 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.
We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining and backing-up your data and information that may reside on the service. Response Ready does not warrant that:
- The service will meet your specific requirements;
- The service will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the service will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; or
- Any errors in the service will be corrected
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that 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.
Any data, information, content or materials contained in or made available in connection with the service is not intended as a substitute for the knowledge, expertise, skill and judgment of tax, legal or other professionals. The service does not provide tax or legal advice. You are responsible for obtaining such advice.
these terms apply solely to the service. Response Ready is not responsible for third party sites, including without limitation, the accuracy, sufficiency, correctness, reliability, veracity, completeness or timeliness thereof, any link contained therein, or any changes or updates thereto, or any goods or services sold thereon. Your access or use of any third party site is governed by the terms applicable to such third party site. the hosting of any third party site by Response Ready does not imply an endorsement thereof by Response Ready, or of the provider of such content or services, of any third party site.
Neither Response Ready nor any third party providers, partners, or affiliates warrant that the site, its servers, the materials or the service, or any email sent from the site or any third party providers, partners, or affiliates are free of viruses or other harmful components.
Response Ready and its licensors make no warranty or representation that the services, materials, or site are appropriate or available for use in all geographic locations.
- Limitation of Liability
We will not be liable to you or any other person for any direct, 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 Response Ready has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- 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 service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service; or
any other matter relating to the service. in the event of any problem with the site, the service, or the materials, your sole and exclusive remedy is to cease using the site, the service, and the materials.
Under no circumstances shall Response Ready, its affiliates, or licensors be liable in any way for your use of the site, the service, the materials, your content, the commercial products or third party user generated content available on or through the site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the site, the service, the materials, your content, the commercial products or any third party user generated content available on or through the site.
We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and Response Ready shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. The failure of Response Ready to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are 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 Terms remain in full force and effect. 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.