CAER Community Awareness Notification – Shell

Please read all the terms and conditions of this assumption, waiver, and indemnity agreement (this “Waiver”) with the Bluewater Association for Safety, Environment, and Sustainability, an Ontario not-for-profit corporation, (“BASES”) because, by agreeing, you will waive many of your legal rights, including, but not limited to, your right to sue or claim relief from BASES.
By clicking the ACCCEPT button, “I agree to the assumption, waiver, and indemnity agreement”, or by using the Sarnia-Lambton Alerts Emergency Notifications service, which is powered by Everbridge, Inc. (“Everbridge”), and all information, content, materials, communications, and services related to such Notifications service (collectively, the “Service”), you (the “User”) hereby agree to be bound by the following terms and conditions of this Waiver:

1. VOLUNTARY ASSUMPTION OF RISK. The User acknowledges and agrees that:
   1. BASES has retained Everbridge to provide the Service, which is for general information purposes and are provided “as is”;
   2. Everbridge is responsible in all respects as to the performance and efficacy of the Service;
   3. BASES sole involvement is the retention of Everbridge to provide the Service to the User;
   4. the User’s use of the Service may not be accurate, complete, useful, timely, error-free, or malware-free; and
   5. to the fullest extent permissible under applicable law, BASES disclaims all conditions and warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration, and accuracy of data.
   The User shall not rely on the Service, and any reliance the User places on such Service is strictly at the User’s own risk. BASES disclaims all liability and responsibility arising from any reliance placed on such Services by the User or by anyone who may be informed of any of the Service’s content, materials, communications, or services.
   
   Additionally, the User is solely responsible for any damage to the User’s computer system or loss of data, any risk, danger, or hazards, and any possibility of injury that may result from the use or reliance on the Service, whether caused by the negligence or gross negligence of BASES or otherwise.
2. WAIVER. I hereby waive and release all claims that I have or may in the future have against BASES, its affiliates, and their respective directors, officers, employees, agents, shareholders, successors, and assigns (collectively, “Releasees”), arising out of my use of the Services, due to any cause whatsoever, including without limitation the negligence, gross negligence, breach of contract, or conduct of any other kind on the part of any Releasee. I shall not bring any such claim waived and released against any Releasee.
3. INDEMNIFICATION: I shall indemnify and hold harmless the Releasees against all losses, costs (including reasonable legal fees) or damages of whatever kind, arising from my use of the Services and the enforcement of this obligation.
4. Governing Law and Venue. Ontario law governs the interpretation and enforcement of this Waiver. The User irrevocably consents to the jurisdiction of the Ontario courts. The User shall bring any proceeding against any of the Releasees in the courts of Sarnia, ON.
5. Severability. I intend for this Waiver to be interpreted as broad as the law permits and if any of its provisions are held to be invalid, the balance shall continue in full legal force and effect.
6. Entire Agreement. This Waiver constitutes the entire agreement between BASES and me with respect to the subject matter contained in this Waiver.