Alert Agreement

This is not an Emergency Alert System. If you have an emergency you must call your local law enforcement by dialing 911.

By clicking the “Submit” button below, you (“You”) (i) agree to be bound by these terms and conditions (these “Terms and Conditions”) and (ii) shall be entitled to receive the Citizen Alert Notification (as defined below).

Please read the separate Terms of Use, Subscription Agreement Privacy Policy posted on our Website for additional terms.

1.1 “Public Safety Information” means Citizen Alert Notification in Your Zip Codes relating to (but not necessarily limited to) (i) missing child alerts, (ii) missing adult alerts, (iii) major crimes / fugitives alerts, and (iv) homeland/community security alerts.

1.2 “LinkingCommunities.com” means LinkingCommunities.com, LLC, a South Carolina limited liability company.

1.3 “Your Zip Codes” means the postal zip codes assigned to You by LinkingCommunities.com in connection with Your registration with LinkingCommunities.com.

2.1 Receipt of Public Safety Information. Subject to the limitations contained in these Terms and Conditions, You shall be entitled to receive the Citizen Alert Notification while these Terms and Conditions are in effect. You shall have no right to receive the Citizen Alert Notification after these Terms and Conditions are no longer in effect.

2.2 Scope of Public Safety Information. LinkingCommunities.com shall be entitled to increase or decrease the scope of the Citizen Alert Notification from time to time in LinkingCommunities.com sole discretion.

3. Ownership. All right, title, and interest (including, but not limited to, all intellectual property rights) in and to the software and other tangible and intangible materials related to, or underlying, LinkingCommunities.com dissemination of the Citizen Alert Notification are and shall remain in LinkingCommunities.com.

(a) LINKINGCOMMUNITIES.COM PROVIDES THE CITIZEN ALERT NOTIFICTAIONON AN “AS IS,” “WHERE

IS,” AND “WITH ALL FAULTS” BASIS. LINKINGCOMMUNITIES.COM EXPRESSLY DISCLAIMS ALL

WARRANTIES (EXPRESS OR IMPLIED) ARISING OUT OF, OR IN CONNECTION WITH, THE RECEIPT OR USE OF THE PUBLIC SAFETY INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

(b) LINKINGCOMMUNITIES.COM IS NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE TO ACCESS THE LINKINGCOMMUNITIES.COM SITE OR OTHERWISE USE OR RECEIVE THE CITIZEN ALERT NOTIFICTAION (INCLUDING, BUT NOT LIMITED TO, INABILITY DUE TO HARDWARE OR SOFTWARE FAILURE, INTERNET CONNECTIVITY, OR TRANSMISSION SPEED OR FAILURE DUE TO THE IMPROPER ASSIGNMENT BY LINKINGCOMMUNITIES.COM OF YOUR ZIP CODES).

(c) LINKINGCOMMUNITIES.COM RECEIVES ALL CITIZEN ALERT NOTIFICTAIONFROM THIRD PARTIES. LINKINGCOMMUNITIES.COM DOES NOT SCREEN, MONITOR, OR MODIFY THE CITIZEN ALERT NOTIFICTAIONAND DOES NOT GUARANTEE OR WARRANT THE ACCURACY, INTEGRITY, OR QUALITY OF THE CITIZEN ALERT NOTIFICTAIONOR THAT THE CITIZEN ALERT NOTIFICTAIONWILL BE PROVIDED OR MADE AVAILABLE TO YOU OR ANY THIRD PARTY OR WILL FURTHER A LEGITIMATE PUBLIC SAFETY INTEREST.

(d) LINKINGCOMMUNITIES.COM SHALL HAVE NO LIABILITY WITH RESPECT TO LINKINGCOMMUNITIES.COM’S OBLIGATIONS UNDER THESE TERMS AND CONDITIONS FOR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF LINKINGCOMMUNITIES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.2 Limitation. LINKINGCOMMUNITIES.COM’S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (i) THE FEES (IF ANY) PAID TO LINKINGCOMMUNITIES.COM BY YOU WITHIN THE IMMEDIATELY PRECEDING TWO MONTHS OR (ii) TEN DOLLARS. YOU MAY NOT BRING ANY

CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS AND CONDITIONS MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION ARISES.

5. Indemnification. You shall reimburse, defend, indemnify, and hold harmless LinkingCommunities.com and LinkingCommunities.com’s affiliates, members, managers, officers, employees, contractors, and agents for, from, and against any and all claims, damages, losses, deficiencies, liabilities, penalties, charges, costs, and expenses resulting from, relating to, or arising out of, (i) Your use of the Citizen Alert Notifictaionor (ii) use by another of the Citizen Alert Notification using Your email account. LinkingCommunities.com shall have no duty to reimburse, defend, indemnify, or hold You harmless resulting from, relating to, or arising out of, these Terms and Conditions, including, but not limited to, the Public Safety Information.

6.1 Term. These Terms and Conditions shall commence upon the Effective Date and shall

6.2 Termination. You shall have the right to immediately terminate these Terms and

Conditions (for any reason or for no reason) upon written notice by regular mail to LinkingCommunities.com at 10 Braeburn Drive, Simpsonville, South Carolina, attention Mr. Frank Condon. LinkingCommunities.com shall have the right to immediately terminate these Terms and Conditions (for any reason or for no reason) without the requirement of providing written notice to You of such termination.

6.3 Survival. This Section 6.3 and Sections 3, 4, 5, and 7.1 of these Terms and Conditions shall survive the termination of these Terms and Conditions.

7.1 Governing Law and Venue. These Terms and Conditions shall be governed by, and enforced in accordance with, the laws of the State of South Carolina, without regard to South Carolina’ principles of conflicts of law. Exclusive venue for any cause of action related to these Terms and Conditions shall lie with the courts located in Greenville County, South Carolina.

7.2 Assignment. You may not assign these Terms and Conditions (including, but not limited to, the assignment of Your right to receive the Public Safety Information) without the prior, express, and written consent ofLinkingCommunities.com, which consent may be withheld in LinkingCommunities.com’s sole discretion.

7.3 Entire Agreement. Each party acknowledges that such party has read these Terms and Conditions, understands these Terms and Conditions, and agrees to be bound by these Terms and Conditions, and further agrees that these Terms and Conditions are the complete and exclusive statement between the parties relating to the Public Safety Information, which supersede and merge all prior proposals, understandings, and all other agreements, verbal and written, between the parties relating to the Public Safety Information.

7.4 Amendments. LinkingCommunities.com may amend these Terms and Conditions at any time without specific notice to You. The most recent form of the Terms and Conditions will be posted at all times on LinkingCommunities.com’s then-current site, and You should review these Terms and Conditions from time to time.

7.5 Severability. If any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of these Terms and Conditions, such provision shall be fully severable, and these Terms and Conditions shall be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part of these Terms and Conditions; and the remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms and Conditions. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there shall be added automatically as part of these Terms and Conditions, a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.

7.6 Force Majeure. LinkingCommunities.com shall not be in default of these Terms and Conditions by reason of any failure of its performance under these Terms and Conditions if such failure results, whether directly or indirectly, from a cause beyond its reasonable control, including, but not limited to, any (i) failure of Internet access (including, but not limited to, failure related to Internet service providers), (ii) international, federal, state, or local law, statute, or regulation, (iii) act of God, (iv) war, (v) civil disturbance, (vi) act of any government, or (vii) lack of timely instructions or essential

7.7 No Third Party Beneficiaries. There are no third party beneficiaries to these Terms