These pages list the terms which govern your use of the website CueHit.com and CueHit’s “Text The Chief” services both operated by CueHit, Inc. CueHit provides non-emergency communication technology between public safety agencies and the public.
1. Acceptance of Terms.
The terms "You" and "User" as used in these TOU means all individuals and/or entities who for any reason and from any location and in any manner by or through any medium (i) access any Product, or (ii) use, receive, send text or SMS messages.
The terms “We”, “Company” or “CueHit” means refers to CueHit, Inc.
The term “Text The Chief” service means CueHit’s service to receive unsolicited text messages from you and manage them for an Public Safety Agency that has entered into an agreement for CueHit and all components thereof and all services that can be performed through or using the service, including, without limitation, messaging.
The Term “Messages” or “Messaging” and other forms of the word means text or SMS messaging using the CueHit Services.
The term “Products” means the Site, the “Text The Chief” service, Messaging, and any or all features or components of any of the foregoing and all content used or displayed in the foregoing.
The term “Services” means the services offered by CueHit on the Site, through the “Text The Chief” service or through Messaging and as further defined in Section 3 below.
The term “Site” means the CueHit.com website.
The terms “Users” means any person or entity, whether subscriber or not, who uses or accesses any of the Products, Services or any portion of thereof, in any manner or through any medium.
3. Description Of Services
Through the “Text The Chief” short code service, CueHit provides Users with the ability to communicate non-emergency information and content with public safety agencies. Users will start a text conversation, directed to a public safety agency. CueHit’s service will deliver Messages in the form of questions and answers that will be delivered to the public safety agency and then the User. Messages will only be sent for the duration of the conversation and a closing message will be sent when the conversation is no longer active as a CueHit service. Messages may be sent to User after the conversation is closed if the User specifically requested a follow up Message. No recurring Messages will be sent.
CueHit is not involved in any way in the user-to-user dealings, transactions or communications, transactions or dealing between the public and the government or quasi government or public safety agency with whom You may be communicating other than to relay of information entered in to a Message. You assume all risks associated with use of the Products in any way including, without limitation, (i) interacting with other Users of the Services or with whom You come in contact through the Services, or (ii) using or acting on information or communications obtained from or through the Services or from other users of the Services. Your use of the Services and dealing with third parties through information received through the Services should be guided accordingly.
By using the Products You acknowledge that CueHit is not involved in the interactions or communications of users of the Products and that it is Your sole responsibility to conduct thorough investigations and satisfy Yourself about the people, identities or information received through the use of the Products. CueHit merely provides the technology for the Products. CueHit is not responsible for the conduct of any User. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PRODUCTS.
4. Member Account; Opt Out. General information Regarding Text Messages
You may be required to register with Us or our service providers in order to use the Products. You agree to keep Your password confidential and will be responsible for all use of Your account and password. We reserve the right to remove, reclaim, or change a username You select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Message and data rates may apply for communications made using the Products, including, without limitation, any messages sent to You from Us or any third party using the Services and for messages You send to Us or a third party using the Services. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Carriers are not liable for delayed or undelivered messages. Message Frequency varies as you will receive messages in reply to user initiated messages.
Neither CueHit nor its service providers are liable for delayed or undelivered messages to You.
If You are experiencing issues with the “Text The Chief” service You can reply with the keyword HELP for more assistance or contact CueHit support by emailing firstname.lastname@example.org.
You can cancel the “Text The Chief” service at any time. Just text "STOP" as a reply to any Message. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, You will no longer receive SMS messages from CueHit. If you want to join again, just initiate a Message as You did the first time and We will start sending SMS messages to You again.
5. Use of Site
The Company authorizes You to view and access a single copy of the content available on or from the Site or Application solely for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products or services obtained from the Services. You do not acquire any ownership rights or incidents thereof to any of the products, including, without limitation, the Services, Site, Application or any Content (as defined in Section 8 below), software or document used through the Products.
As part of the Products provided by CueHit You will be able to transmit information (including photographs) about Yourself, Your family or the situation that has caused you to use the Services. We cannot and do not guarantee that other parties will not gain access to the Site or Application and its databases, even those portions that are restricted and in which CueHit has attempted to install security. We have no control over and no responsibility for the use of Your information (including photographs) by third parties. You understand and agree that the content of all Users, including Your content will be collected, aggregated, and anonymously integrated in the CueHit system and the Company databases. You are fully responsible for any material, content or information You transmit through the Products and any consequences arising therefrom.
Always use caution when giving out any personally identifiable information about Yourself or Your family through use of the Services. CueHit does not review, control or endorse the content, messages, photographs or any information transmitted or posted in or though the use of the Services. CueHit specifically disclaims any liability with regard to the Products and the Content and any claims, liabilities, actions, costs or expenses resulting from Your use of the Products or any of them or the Content, including, without limitation, uploading or transmitting information or photographs through the Products.
6. No Unlawful Or Prohibited Use.
The Products may contain messaging services, e-mail services, bulletin board services, chat areas, news groups, forums, communities, calendars, file cabinets and/or other message or communication facilities designed to enable You to communicate with others. You agree to use the Products only to post, send and receive messages and material that are proper and for the intended use of the Product. You are solely responsible for the content and information that You post, upload, publish, link to, transmit, record, display or otherwise make available on any of the Products or transmit to other Users, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted. As a condition of Your use of the Products, you will not use the Products for any purpose that is unlawful or prohibited by these TOU or by notices posted on the Site or the Application or sent to You by text. You agree not to use the Products in any manner that could damage, disable, overburden, or impair any CueHit server, or the network(s) connected to any CueHit server, or interfere with any other party's use and enjoyment of any of the Products. You may not attempt to gain unauthorized access to any of the Products, other accounts, computer systems or networks connected to any CueHit server or to any of the Products through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to You through the Products.
By way of example, and not as a limitation of the foregoing, You agree that when using the Products, You will not:
The Products are for personal use only and not for commercial use. The Products are not to be used for, among other things, soliciting others, networking or selling goods or services. Users of the Products may not use any information obtained therefrom to contact, advertise to, solicit, or sell anything to any other User without his or her prior explicit consent.
The Company has no obligation to monitor the Services or use of the Products. However, the Company reserves the right to review materials posted to or exchanged through the Products and in its sole discretion to remove any materials, block any posts or other exchanges, or take any appropriate action, including, without limitation, legal action against any person who violates these TOU and terminating access to the Products.
7. Password and Security.
Upon registration You will select a username and password. You are responsible for maintaining the confidentiality of Your username, password and 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 are responsible for any and all uses and activities that occur under Your username, password or account, whether or not authorized by You. You agree to notify CueHit immediately of any unauthorized use of Your password, account or any other breach of security. CueHit will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You are liable for losses incurred by CueHit or another party due to someone else using Your account or password or due to Your use.
8. Intellectual Property Rights.
The Site, the Application and the Services and the contents of the foregoing, including, without limitation, text, graphics, images, logos, button icons, software, displays, information and other content (collectively, "Content"), and any compilation (meaning the collection, arrangement, organization and assembly) of the Products and the look and feel thereof, are all protected under both United States and foreign copyright, trademark and other laws and are the exclusive property of CueHit. or its content suppliers, clients or licensors. Deciphering, decompiling, disassembling or reverse engineering, or attempting to do any of the foregoing, of any of the software comprising or in any way making up a part of the Products, or any other part of the Products, is prohibited. Unauthorized use of the Products or any of them, the Services, Content, HTML code, CSS code and/or any other code used or created by or for CueHit may violate copyright, trademark, and other laws and is prohibited. Materials uploaded to the Products are subject to limitations on usage, reproduction and/or dissemination as stated in these TOU, elsewhere on the Site or the Application and under applicable law. You are responsible for adhering to such limitations.
9. User Submissions; No liability for Reliance on Information.
CueHit has no liability for any postings made to or through the use of any of the Products or for any information, messages or other communications made through the Services.
We appreciate hearing from our customers and users and welcome Your comments regarding our services Products. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of CueHit. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. CueHit shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
10. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), all copyright infringement issues regarding the CueHit Products, including, without limitation, the Site and Application, should be directed to the designated agent set forth below:
If you believe that the Site or the Application infringes on or contains material infringing on the copyright ownership of another or Your copyrighted material contact the Designated Agent listed above and include the following information:
Please note that You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that any material, a product or activity is infringing Your copyright or that of another. Upon receipt of a copyright infringement notice CueHit will follow the guidelines of the DMCA with regards to notifying the owner thereof, the infringer and blocking access to infringing material. The Company, in appropriate circumstances, will remove any infringing material or disable access thereto and may terminate any User who is an infringer or posts infringing information.
11. Links To Third Party Sites.
Where provided, third party links will let you leave the CueHit.com Site or Application. The linked sites or applications are not under the control of CueHit and CueHit has no control over such links, sites or applications and is not responsible for the contents of any linked site or applications or any link contained in a linked site or applications, or any changes or updates to such sites or applications. CueHit does not make, and hereby disclaims any, representations and warranties regarding the content or accuracy of materials on such third party websites or applications or the effect that going to such site or application may have on your computer or data. CueHit is not responsible for webcasting or any other form of transmission received from any linked site or application. CueHit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CueHit of the site or application or the contents on such third-party websites, applications or any products and services sold through such websites or applications. If You decide to access linked third party websites or applications, You do so at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, Application or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. You further acknowledge and agree that CueHit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such third party or linked website, application or resource.
12. Service Interruption, Changes, Errors.
The Company does not guarantee continuous access Products or the Content. Operation of any of the Products may be interrupted or otherwise interfered with for reasons beyond the Company’s control. The Company is not responsible for any information stored or maintained on the Products or its servers. The Company reserves the right, without notice, to temporarily switch off or disable any Product, including, without limitation, the Site, the Application, the Services, or any equipment, or restrict the availability of the any of the foregoing, and shall have no liability to You or any person for such action. You understand that the technical processing and transmission of the Site, Application, Services, Content and any information You may transmit through the Site, may involve (i) transmissions over various networks; and (ii) changes to such information to conform and adapt to technical requirements of connecting networks or devices.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Product, including without limitation, the Site, the Application, the Services or any Content (or any part thereof) with or without notice. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of any part of any Product.
You acknowledge that the Company may establish general practices and limits concerning use of its Services, including, without limitation, the maximum number of days that postings or other uploaded or transmitted content will be retained. The Company may restrict the number of messages which a user may send in any 24-hour period to a number which we deem appropriate in our sole discretion. CueHit has the right to pop up into your transmissions with other Users. You agree that the Company has no responsibility or liability for the deletion or failure to store any of Your postings, photographs and other communications or other content maintained or transmitted by or through the Products. You acknowledge that the Company reserves the right to remove accounts and postings that are inactive for an extended period of time, as determined by the Company in its sole discretion. To protect the integrity of the Products, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing any Product.
You further acknowledge that the Company reserves the right to modify these general practices and limits from time to time.
Although every effort is made to keep the listings current, the Company takes no responsibility for outdated or superseded information found on any Product.
13. Release and Indemnity.
You hereby release CueHit and its shareholders, members, officers, directors, employees, affiliates, licensors, content and service providers and agents from any claims, actions, losses, liabilities, expenses, demands or damages, (actual, punitive, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, vested or contingent, disclosed and undisclosed, arising out of or in any way connected (directly or indirectly) with Your use of Products, and information transmitted using the Products, including, without limitation, from any dispute with any other User of the Products and/or any personal injury or physical damage or harm sustained by You as a result of using any of the Products, taking action based on information relayed through any Product or meeting anyone with whom You came in contact with through the use of the Products.
You hereby defend, indemnify, and hold harmless CueHit, its shareholders, members, officers, directors, employees, affiliates, licensors, content and service providers and agents, from and against any claims, actions, losses, liabilities, expenses or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from, or related to (a) any conent, material or information You provide to CueHit; (b) any material or information transmitted or exchanged through any Product; (c) Your use of any of the Products or any feature or component thereof; (d) any Content; (e) Your breach of these TOU; (e) any interaction with a person who You met (whether in person or virtually) through the use of any Product, directly or indirectly; or (f) any violation of law by You. CueHit shall provide notice to You promptly after it receives notice of any such claim, suit, or proceeding, or upon Your request. As complete indemnification is intended, all costs expenses and reasonable attorneys’ fees incurred in enforcing the indemnity and defense obligations under these TOU shall also be reimbursed.
At CueHit’s option, if a claim is made for which the these TOU state that you are to release, indemnify, defend or hold harmless Cuehit, then You will be required to assume and control the defense of claim at Your expense and through counsel of Your choice and promptly advise CueHit as to the name of Your counsel and the status of the claim. You are required to keep CueHit informed of the status of the claim and any litigation at all times and at the request of CueHit. CueHit will cooperate with You in such efforts at Your sole cost and expense. Alternatively, CueHit can elect, in its sole discretion, to undertake, at Your expense, the defense against any such claim, with counsel chosen by CueHit and You shall cooperate with CueHit in such defense at Your expense. Regardless of whom is assuming the defense of the claim, the other party will make available, all witnesses, pertinent records, materials and information in its possession or under its control relating to such claim, all at Your expense. No claim may be settled by You without the written consent of CueHit.
14. Disclaimers; Limitations of Liability.
The Content may contain inaccuracies or typographical errors. The use of the Services and the Content is at Your own risk. Changes are periodically made to each Product and the Content and may be made at any time. CueHit shall not be responsible for any decisions, for whatever reason, made by any person as a result of using the Services.
CUEHIT DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE, THE APPLICATION AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, THE SITE, THE APPLICATION OR THE SERVICES, OR THE CONTENT, RESULTS IN ANY COMPUTER ERRORS OR MALFUNCTIONS OR THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE OR DATA, CUEHIT IS NOT RESPONSIBLE FOR THOSE COSTS OR ANY COSTS, EXPENSES OR LIABILITIES ARISING THEREFROM. CUEHIT PRODUCTS AND ANY SERVICE OR INFORMATION PROVIDED THEREBY OR AVAILABLE FROM OR THROUGH THE PRODUCTS ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CUEHIT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT. CUEHIT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE SITE, APPLICATION, SERVICES AND/OR THE CONTENT, MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS OR LIMITATIONS. CUEHIT ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE SITE, APPLICATION, SERVICES OR CONTENT OR HOW USE OF THE SITE, APPLICATION, SERVICES OR CONTENT MAY AFFECT YOUR PROGRAMS, DATA, SOFTWARE, HARDWARE, COMPUTER OR BUSINESS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE SITE, APPLICATION, SERVICES OR CONTENT OR VIRUSES CONTAINED WITHIN OR ACCESSED THROUGH THE ELECTRONIC FILES, OR BY ANY PERSON GAINING UNAUTHORIZED ACCESS TO THE SITE, APPLICATION, SERVICES OR CONTENT, IS HEREBY SPECIFICALLY DISCLAIMED.
IN NO EVENT SHALL CUEHIT, ITS MEMBERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SERVICE OR CONTENT PROVIDERS OR ANY THIRD PARTIES MENTIONED ON ANY CUEHIT SITE OR APPLICATION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY, DEATH, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, OR INABILITY TO USE, ANY OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE SITE, THE APPLICATION, THE SERVICES AND/OR THE CONTENT, OR THE INABILITY TO MAKE ANY TRANSMISSIONS WITH THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CUEHIT AND USER. THE INFORMATION AND THE SERVICES PROVIDED FROM OR THROUGH THE PRODUCTS, INCLUDING,WITHOUT LIMITATION, THE SITE, APPLICATION, SERVICES OR CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AMOUNT PAID BY USER FOR THE PRODUCTS WITHIN THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIMED EVENT CAUSING DAMAGE OCCURRED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CUEHIT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE SITE, THE APPLICATION, THE SERVICES OR CONTENT OR YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH THE USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, SITE, THE APPLICATION, THE SERVICES OR CONTENT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS, COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE PRODUCTS. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
15. Cancellation and Termination.
The Company makes no claims that Products may be lawfully viewed or accessed outside of the United States. Access to the Products may not be legal by certain persons or in certain countries. If You access any of the Products from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of Your jurisdiction. If You access any of the Products and by law you are prohibited from doing so, You are solely responsible for Your actions and the results it may have on CueHit, the Products and any other Users of the Products and You hereby indemnify CueHit from any and all liability it or other Users or any other person may incur due to Your conduct.
These TOU are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these TOU, the use of the Products shall lie exclusively with the state or federal courts within California. All parties including, without limitation, You, the user, hereby submit to the exclusive jurisdiction of the courts of the State of California and the Federal courts sitting in California. If any provision of these TOU are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOU, which shall remain in full force and effect.
No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term.
CueHit reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CueHit’s sole discretion.
17. Singular includes the Plural
The use of the singular form of any word incudes the plural and the use of the plural includes the singular. Any reference to the Products, Site, Application, Services or Content includes any and all components thereof.