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THE SERVICES (INCLUDING ALL FEATURES THEREOF) AND THE CONTENT ARE PROVIDED ON AN "AS IS " BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR SERVICE PROVIDERS AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY OR INTEGRATION.
NEITHER WE NOR OUR SERVICE PROVIDERS NOR OUR LICENSORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE (1) REGARDING THE RELIABILITY, USEFULNESS, ADEQUACY, SUITABILITY, COMPLETENESS, TIMELINESS, OR VALIDITY OF THE SERVICES OR THE CONTENT, NOR (2) THAT THE WEB SITE OR THE SITE THAT HOSTS THE WEB SITE ARE FREE FROM ANY COMPUTER VIRUSES, "WORMS" OR "TROJAN HORSES," ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE SERVICES OR THE CONTENT BY ANY PERSON, GROUP OR ORGANIZATION. NEITHER WE, NOR OUR SERVICE PROVIDERS NOR OUR LICENSORS ARE RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION, COMMUNICATION, OR MATERIAL DEVELOPED, POSTED, OR UPLOADED BY A THIRD PARTY. NEITHER WE, NOR OUR SERVICE PROVIDERS NOR OUR LICENSORS EDIT OR CONTROL SUCH INFORMATION, COMMUNICATION OR MATERIAL, OR HAVE ANY RESPONSIBILITY TO YOU OR ANY OTHER PARTY FOR THE CONTENT OF ANY INFORMATION, COMMUNICATION, OR MATERIAL ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS.
DO NOT RELY ON ANY CITY OF ORANGE BEACH SERVICES FOR ANY EMERGENCY COMMUNICATION TO LAW ENFORCEMENT OR FIRST RESPONDERS. IN THE EVENT OF AN EMERGENCY, PLEASE DIAL 911. YOU ARE SOLEY RESPONSBLE FOR PROCURING EMERGENCY SERVICES AND NIXLE IS NOT RESPONSIBLE FOR, AND YOU EXPRESSLY, IRREVOCABLY, AND UNCONDITIONALLY RELEASE THE CITY OF ORANGE BEACH FROM, ANY CLAIMS RELATED TO YOUR FAILURE TO INDEPENDENTLY OBTAIN OR USE SUCH SERVICES.
We provide the Services as a convenience to the public. The Services are solely for the purposes of allowing Authorized Users to send Communications to Recipients. The inclusion of any entity, including without limitation Organizations, or person, including without limitation an Authorized User, in the Services or the Content does not constitute a representation, warranty, or endorsement with respect to the competence, suitability, or reliability of such organization or person by us. All Content is the sole responsibility of the person who originated such Content. We will do our best to monitor and control the Content posted via the Service. However, we cannot take responsibility for any Content. Any use or reliance upon any citizen generated content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any citizen content or communications posted via the Services, or endorse any opinions expressed via the Services.
You agree that you will indemnify, defend and hold us harmless from any and all claims or suits (including, without limitation, reasonable legal fees and expenses) that arise out of your breach of these Terms of Service, your use of the Services, or your violation of any law or the rights of a third party.
Limitation of Liability
You acknowledge that Nixle has no control over the effects the Content or any Communication may have on you; how you may interpret or use the Content or any Communication; or what actions you may take as a result of having been exposed to the Content or any Communication. You understand that by using the Services, you may be exposed to Content that might be inappropriate. Under no circumstances will The City of Orange Beach 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, sent by text message, emailed, or broadcasted.
NEITHER WE, NOR OUR SERVICE PROVIDERS NOR OUR LICENSORS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES OR CONTENT. WE, OUR SERVICE PROVIDERS AND OUR LICENSORS DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, (A) ANY THIRD PARTY WEB SITES, SERVICES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE SERVICES); (B) THE TERMINATION OF YOUR ACCESS TO THE SERVICES; (C) ANY ERRORS IN, OR OMISSIONS FROM, THE CONTENT OR ANY COMMUNICATIONS (INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS); (D) THE COMPLETE OR PARTIAL UNAVAILABILITY OF THE SERVICES OR THE CONTENT; (E) YOUR USE OF, OR INABILITY TO USE, THE SERVICES; (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES; (G) ANY COMPUTER VIRUSES, "WORMS" OR "TROJAN HORSES," ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE SERVICES OR THE CONTENT BY ANY PERSON, GROUP OR ORGANIZATION; (H) ANY ACTIONS TAKEN OR OMISSIONS MADE BY YOU OR ANY THIRD PARTY AS A DIRECT OR INDIRECT RESULT OF THE SERVICE OR (I) ANY DELAY IN TRANSMISSION OR FAILURE TO TRANSMIT ANY COMMUNICATION, OR ANY DELAY IN YOUR RECEIPT OR YOUR FAILURE TO RECEIVE ANY COMMUNICATION.
The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortuous or unlawful conduct.
You hereby irrevocably and unconditionally release The City of Orange Beach (and its officers, employees, agents, successors and assigns) from any and all claims for damages (actual or consequential), costs or expenses of any kind or nature whatsoever that you may have against The City of Orange Beach (and its officers, employees, agents, successors and assigns) arising out of or in any way related to the Services, the Content, any law enforcement agencies or public safety officials, or your failure to independently obtain emergency services. You hereby agree to waive all laws that may limit the efficacy of such releases.