National Outages & Mutual Aid

Terms of Use

Last updated August 6, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION (SECTION 10 – U.S. ONLY), NO CLASS RELIEF (10.4.e – U.S. ONLY), AND WAIVER OF YOUR RIGHT TO A JURY TRIAL (10.3 – U.S. ONLY).

These Terms of Use apply to the access and use of our website https://www.nationaloutages.com and our related websites and mobile device applications (together the "Websites") as well as all related services (the "Global Reach Services") and all orders submitted by you on the Websites. By accessing or using the Websites or Global Reach Services you are agreeing to the following terms and conditions ("Terms of Use").

Please review our Privacy and Cookies Policy https://www.globalreach.com/about/legal-and-privacy/ which also governs your use of Global Reach Services, to understand how we use your personal information.

With respect to users of the Websites or Global Reach Services in the U.S., our Websites are operated by Global Reach Internet Productions, LLC.

With respect to all other users of the Websites or Global Reach Services, our Websites are operated by Global Reach Internet Productions LLC (together with its affiliates and Global Reach Internet Productions LLC "Global Reach", "us", "our", "we"). Global Reach can be contacted at info@globalreach.com.

The General Terms and Conditions ("General Terms") below apply to all users of the Websites or Global Reach Services. The General Terms and Conditions of Use apply to Website users that avail of the Global Reach Services through membership or subscription ("NationalOutages.com Subscription").

Section A: General Terms and Conditions of Use

1 Acceptable Use of the Websites and Global Reach Services

1.1 You must be human.

1.2 You may not use the Global Reach Services or Websites for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

1.3 You are responsible for any activity that occurs under your account. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to notify Global Reach immediately of any unauthorized use of your account or any other breach of security. Global Reach will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Global Reach or another party due to someone else using your account.

1.4 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

1.5 Sharing of user accounts is prohibited.

1.6 The use of email distribution lists for user account email addresses is prohibited.

1.7 You must not abuse, harass, threaten, impersonate or intimidate other Global Reach users.

1.8 You are solely responsible for your conduct and any data, text, fonts, overlays, information, graphics, profiles, files, images, photos, video, sounds, musical works, works of authorship, applications, links or any other materials (collectively, "Content") that you upload to, edit, transmit, and display using the Websites or Global Reach Services excluding the Global Reach Content (defined below) (the "User Content"). Global Reach does not manage or have responsibility for the User Content.

1.9 You must not modify, adapt or hack the Websites or the Global Reach Services or modify another website so as to falsely imply that it is associated with Global Reach.

1.10 You must not crawl, scrape, or otherwise cache any Content from the Websites or Global Reach Services including but not limited to user profiles, photos, scripts, or graphics.

1.11 You must not create or submit unwanted email or comments to any Global Reach members and/or users ("Spam").

1.12 You must not upload or transmit any worms or viruses or any code of a destructive nature.

1.13 You must not violate any laws in your jurisdiction (including but not limited to copyright laws) in using the Websites or Global Reach Services.

1.14 While Global Reach prohibits such conduct and Content on the Websites (as described above), you understand and agree that Global Reach cannot be responsible for the Content posted on its Websites and you nonetheless may be exposed to such materials and that you use the Global Reach Services and Websites at your own risk.

1.15 We reserve the right to refuse services to anyone for any reason at any time.

1.16 We reserve the right to force forfeiture of any account that in the reasonable opinion of Global Reach becomes inactive, violates trademark law or other applicable laws, or may mislead other users.

1.17 Global Reach will normally only delete Content that violates these Terms of Use, however, Global Reach reserves the right to delete any Content for any reason, without prior notice. Deleted Content may be stored by Global Reach in order to comply with certain legal obligations and may not be retrievable without a valid court order. Consequently, Global Reach encourages you to maintain your own backup of User Content. In other words, Global Reach is not a backup service. Global Reach will not be liable to you for any modification, suspension, or discontinuation of the Global Reach Services or Websites, or the loss of any Content. This does not impact your rights under European Data Protection legislation – please see our Privacy and Cookies Policy https://www.globalreach.com/about/legal-and-privacy/ for more information about your rights.

2 Liability and Disclaimer

2.1 To the extent permitted by law, Global Reach excludes and disclaims all conditions, warranties, representation or other terms which may apply to the Global Reach Services, the Global Reach Content or any Content on the Websites, whether express or implied. Global Reach will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) breach of statutory duty, or otherwise arising under or in connection with (i) the use of the Websites, the Global Reach Services or the Global Reach Content; or (ii) the use of or reliance on any Content.

2.2 Where our Websites contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these websites or resources.

3 Variations to the Websites and Terms of Use

3.1 We reserve the right to modify the Websites and the Global Reach Services for any reason, without notice at any time.

3.2 Any changes to this Terms of Use will be posted on the Websites. Your continued use of any portion of the Websites or any Global Reach Services following notification or posting of such changes will constitute your acceptance of those changes. If you do not agree to be bound by the changes, you may then choose to not use the Global Reach Services or Websites anymore.

4 Advertising

4.1 Some of the Global Reach Services provided through the Websites are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Global Reach may place such advertising and promotions on the Websites and/or the Global Reach Services or on, about, or in conjunction with User Content. The manner, mode and extent of such advertising and promotions are the sole discretion of Global Reach and subject to change without specific notice to you.

5 User Content

5.1 Global Reach does not claim ownership rights to the User Content uploaded or transmitted to the Websites or through the Global Reach Services. You retain all of your ownership rights in User Content. You hereby grant to us a non-exclusive, fully paid, transferable, sublicenseable, worldwide, royalty-free, perpetual license to use, store, copy, modify and create derivative works based upon that User Content and to distribute and make available to third parties such User Content for all purposes in connection with operating the Websites and providing the Global Reach Services.

5.2 User Content including (i) employee data, (ii) equipment data, (iii) electrical outage data, (iv) mutual aid crews details, (v) mutual aid request details, and (vi) mutual aid billing data will remain in a secured environment and will never be made publicly accessible unless otherwise designated by you.

5.3 You represent and warrant that: (i) you own the User Content, (ii) the uploading and use of the User Content on or through the Websites and/or the Global Reach Services or which may incorporate the Global Reach Content (in accordance with the terms hereof) does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the uploading or your use of User Content on the Websites does not result in a breach of contract between you and a third party.

5.4 You agree to indemnify and hold Global Reach harmless from any claims, damages, losses, and expenses arising or connected to User Content, as well as your access and use of the Global Reach Services and Websites. We reserve right to exclusively defend ourselves for any matter triggering your indemnification obligations. You may not settle any claim without our prior written consent.

5.5 We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

5.6 The Global Reach Services and Websites contain Content of users and other Global Reach licensors. Except as provided within these Terms of Use, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content of users or other Global Reach licensors appearing on or through the Global Reach Services and Websites.

5.7 Global Reach performs technical functions necessary to offer the Global Reach Services and Websites, including but not limited to transcoding and reformatting Content to allow its use throughout the Global Reach Services and Websites.

6 Global Reach Content and Tools

6.1 Global Reach grants you a non-exclusive, revocable license to use the Websites and the Global Reach Services. These Terms of Use will also govern any upgrades that replace and/or supplement the Global Reach Services or Websites, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. Global Reach grants such license to users subject always to the following restrictions: (i) except as and only to the extent expressly permitted in these Terms of Use or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Global Reach Services or Websites or any part thereof.

6.2 The Websites and the Global Reach Services contain Content of Global Reach and or its licensors (the "Global Reach Content"). Global Reach Content is protected by copyright, trademark, patent, trade secret and other laws, and Global Reach and/or its licensors owns and retains all rights in the Global Reach Content and the Global Reach Services.

6.3 Global Reach hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to:

6.3.1 reproduce and display the Global Reach Content (excluding any software code) solely for your personal use in connection with accessing and viewing the Websites and Global Reach Services; and

6.3.2 reproduce and use the Global Reach Content (excluding any software) solely to the extent required in connection with your use of your own User Content subject to the following conditions:

a. such use of the Global Reach Content must be in connection with electrical outages, mutual aid, and SPIA Ice Index;

b. you will ensure that any use made of the Global Reach Content complies in full with the provisions of these Terms of Use and in particular that such use will not violate any applicable laws or infringe upon the intellectual property rights or any other rights of any person; and

c. any use made of the Global Reach Content shall include an acknowledgement that Global Reach and its licensors retain ownership of all intellectual property rights in the Global Reach Content and that this Content is being provided under license by Global Reach.

6.4 Global Reach may terminate any license granted pursuant to Section 6.3 with immediate effect in the event that any use of the Global Reach Content does not comply with the provisions of these Terms of Use or otherwise at Global Reach's reasonable discretion.

7 Website Availability

7.1 Although the Websites and Global Reach Services are normally available, there will be occasions when the Websites or other Global Reach Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Global Reach (e.g. warps in the space time continuum).

8 Feedback

8.1 We appreciate your suggestions, comments, and feedback about the Global Reach Services, Websites, or Global Reach’s other products or services ("Feedback"). Any Feedback you provide is voluntary, and Global Reach has no obligation to use any Feedback. You irrevocably and perpetually grant to Global Reach a worldwide, non-exclusive, fully paid, royalty-free, transferable, sublicensable right and license to make, use, reproduce, prepare derivative works based upon, distribute, publicly perform, publicly display, transmit, and otherwise commercialize the Feedback, without crediting any such Feedback to its author in any way and for any purpose.

9 Governing Law, Jurisdiction and Venue

9.1 In respect of users of the Websites or Global Reach Services in the U.S., Global Reach Internet Productions, LLC is governed by the laws of the State of Iowa.

9.2 These Terms of Use, your access and use of the Global Reach Services and Websites and the relationship between you and Global Reach Internet Productions, LLC is governed by the laws of the United States of America. You and we both agree to submit to the non-exclusive jurisdiction of the courts of the United States of America, which means that to the extent permitted under applicable laws, you may bring a claim to enforce your consumer protection rights in connection with these Terms of Use in the United States of America or in the country in which you live.

Please direct any complaints you might have in relation to our services to info@globalreach.com.

10 US ONLY: Disputes with company

10.1 PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND GLOBAL REACH HAVE AGAINST EACH OTHER ARE RESOLVED.

10.2 This Section 10 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Global Reach agree that we intend for this Section 10 to satisfy the “writing” requirement of the Federal Arbitration Act. This Section 10 can only be amended by mutual agreement.

10.3 We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Websites or Global Reach Services, (ii) any purchases or other transactions or relationships with Global Reach, or (iii) any data or information you may provide to Global Reach or that Global Reach may gather in connection with such use, interaction or transaction (collectively, “Global Reach Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Websites or Global Reach Services, or engaging in any other Global Reach Transactions or Relationships with us, you agree to binding arbitration as provided below.

10.4 We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Websites or Global Reach Services, you agree that any complaint, dispute, or disagreement you may have against Global Reach, and any claim that Global Reach may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy, or any Global Reach Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”). This Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

a. Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Global Reach (the “Arbitrator”);

b. Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable;

c. Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by Global Reach Internet Productions; or (ii) at such other location as may be mutually agreed upon by you and Global Reach; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

d. Governing Law. The Arbitrator (i) shall apply internal laws of the State of Iowa consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Washington or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

e. No Class Relief. The Arbitration can resolve only your and/or Global Reach’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

f. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

g. Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Global Reach shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.

h. Modification of Arbitration Clause with Notice. Global Reach may modify these arbitration provisions, but such modifications shall only become effective thirty days after Global Reach has given notice of such modifications and only on a prospective basis for claims arising from Global Reach Transactions or Relationships occurring after the effective date of such notification.

i. Small Claims Matters are Excluded. No class relief or joinder of claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Global Reach in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

11 Termination

11.1 If you fail to comply with any of the provisions of these Terms of Use, Global Reach, at its sole discretion, may: (i) terminate your Global Reach account and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) preclude access to the Global Reach Services (or any part thereof).

11.2 We reserve the right to reclaim accounts on behalf of businesses or individuals that hold legal claim or trademark on those accounts.

12 Terms of Purchase

12.1 Global Reach Services. To enjoy editing tools and features, you may purchase Global Reach's subscription membership for a fee. In addition to the General Terms set out above for all Global Reach Subscription users, Global Reach members will be subject to the following terms.

12.2 Contracting. Global Reach is under a legal obligation to supply the Global Reach Services in accordance with the contract concluded between you and Global Reach. A contract between Global Reach and you for the purchase of Global Reach Services is created as follows:

a. You place the order on the Websites by pressing an order confirmation button at the end of the order process.

b. By confirming your order, you are agreeing to purchase the service that you have selected.

c. Global Reach take payment for your order.

d. Orders will usually be processed within two working days and Global Reach will send to you a confirmation email detailing your purchase order and other information we must provide to you. Once your order is confirmed, you can use the Global Reach Services as a Global Reach Subscription member in accordance with these Terms of Use.

13 Cancellation and Refunds Policy

13.1 Cancellations and Refunds Policy for U.S. Residents and for non-U.S. Residents Following the Cooling Off Period.

13.1.1 Cancellation. We try to treat our Global Reach Subscription and Global Reach Team Subscription customers fairly. You can easily cancel online 24 hours a day. There are no cancellation fees although there are no refunds for partial years (if on an annual plan). We also want to make sure that the person canceling is you. Therefore, any cancellation request must be requested by the account holder. We reserve the right to ask for verification that the person requesting the cancellation is actually you. We won’t honor any cancellation requests from third party services.

13.1.2 Ongoing Annual Subscription. Your Global Reach subscription will continue year-to-year unless and until you cancel your membership or we terminate it. You must cancel your subscription before it renews each year in order to avoid billing of the next year's subscription fees to your Payment Method. Annual renewals occur on the "year anniversary" of your initial purchase date. Subscription fees are fully earned upon payment.

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