Okverify.com offers a service designed to help you live your life more safely. As an OkVerify user, you will record the details of your event(s) and if you fail to respond to OkVerify’s attempts to contact you, your event information will be shared with one of the Lifelines listed on your Contact Plan. You may also choose to allow OkVerify to contact the police on your behalf in the event that none of your Lifelines are available at the time that OkVerify attempts to contact them. Services rendered through OkVerify.com aim to aid users in emergency situations by sending help quickly. For further information, please email info@okverify.com.
This legal contract applies to the Website in total and to any correspondence by e-mail, voice message, or text message between OkVerify and you. Please read these Terms & Conditions carefully before using any services offered by this Website. Checking the box and using this Website indicates that you accept these Terms. If you do not accept the Terms of this Contract, please discontinue use of this Website and services offered by this Website.
OkVerify.com may amend these Terms at any time. Any amendments will be posted to the Website and as a notification message on your account. You shall be bound by such amended terms seven days after the date of posting or earlier if you use the Website’s services at any time after the date of posting.
1) DEFINITIONS
a) “Eligibility Criteria” – The criteria for use as set below
b) “User” – You or the registered Website User
c) “Lifeline” – Individual(s) designated by the User to be contacted in the event that the User does not respond to OkVerify’s contact attempts
d) “Event” – The appointment that the User creates on the Website
e) “Terms of Services” — Terms refers to the terms listed in this Terms & Conditions Agreement; Services refers to the services provided by OkVerify.com (I do not see the term “Terms of Services” in this contract. Consider deleting this term.)
f) “Contact Plan” – The process by which OkVerify confirms the User’s safety. During the creation of each Contact Plan, the User dictates when OkVerify should contact them, the amount of time allowed to pass before OkVerify has permission to share the User’s information, and whom OkVerify should contact in the case of an emergency.
g) Website – This refers to the web address www.OkVerify.com (and any content found on the website and subsequent pages/links).
2) OKVERIFY FUNCTIONALITY
a) OkVerify encourages you to enter as many details pertaining to your Event(s) as possible. This information includes, but is not limited to, the date, time, and location of each Event, as well as the time at which you would like the particular Contact Plan associated with each Event to commence.
b) You must respond to an attempt by OkVerify to contact you in order to halt the progression of the Contact Plan. You may do so by text message, phone call, or by logging into your account at OkVerify.com. Please note that if in the Contact Plan you are scheduled to be called twice, you may not respond to a missed call with a text message. However, you may respond to all OkVerify contact attempts by phone .You must make contact with OkVerify to confirm your safety within the span of time that you have designated in the Contact Plan.
c) If you do not respond to OkVerify’s attempts to contact you (via text message or phone call) within the allotted time selected during the creation of the Contact Plan, OkVerify will begin attempting to reach any Lifelines that are associated with the particular Contact Plan.
d) If you have added any Lifelines to the Contact Plan, then, in numerical order, the Lifelines associated with the particular Contact Plan will be notified. Either by text message or by phone, each Lifeline will be asked to confirm their current availability to aid you and the method (text message, email, phone) by which he/she would prefer to receive your Event details. Each Lifeline will have 10 minutes to reply to OkVerify’s initial contact attempt, after which, a second attempt will be made. If a response is not received within 5 minutes of the second attempt, given that more than one Lifeline has been listed on the particular Contact Plan, OkVerify will attempt to reach the next Lifeline listed. OkVerify will attempt to contact each Lifeline associated with the particular Contact Plan in this manner until a confirmation of availability and willingness to assist you has been received by one Lifeline. Once OkVerify has both made contact with one Lifeline associated with the particular Contact Plan and he/she has agreed to assist you, your Event details will be shared solely with that Lifeline in particular, in order for them to assist you as quickly and efficiently as possible. OkVerify will offer that particular Lifeline the suggestion that they attempt to contact you and, if unable to do so, consider calling the police to assist you further. You will receive an email containing a summary of the actions taken by OkVerify in regard to the particular event, after which, no further action will be taken by OkVerify on your behalf in regard the particular event and Contact Plan.
e) Once your Event details have been shared, responses to previous OkVerify contact attempts by Lifelines associated with the particular Contact Plan will receive a text message or voice message informing them only that another Lifeline is checking to verify your safety.
f) If OkVerify is unable to reach any of the Lifelines associated with the particular Contact Plan, depending on your preference, the police will be contacted on your behalf in order to provide you with further assistance. At which point, your event details will be shared. You will then receive an email containing a summary of the actions taken by OkVerify in regard to the particular event. After which, no further action will be taken by OkVerify on your behalf in regard the particular event and Contact Plan.
g) If you do not respond to OkVerify’s attempts to contact you (via text message or phone call) within the allotted time selected during the creation of the Contact Plan and no Lifelines have been listed in the particular Contact Plan or If OkVerify is unable to reach any Lifelines associated with the particular Contact Plan and you have not chosen to grant OkVerify permission to contact the police on your behalf, then you will receive an email containing a summary of the actions taken by OkVerify in regard to the particular event. After which, no further action will be taken by OkVerify on your behalf in regard the particular event and Contact Plan.
h) You should choose appropriate Lifelines for each Event carefully. You can store up to five Lifelines on your account. The number of Lifelines added to each Contact Plan is left to your discretion; however, when selecting the 9-1-1 call option, you must add at least two verified Lifelines to the particular Contact Plan.
3) PRIVACY POLICY
a) OkVerify will take reasonable care to maintain the privacy of all information you disclose.
b) Information submitted to OkVerify will be handled in total accordance with your preferences. Your Event information will only be shared with one of your Lifelines in the event that you do not respond to OkVerify’s attempts to contact you. The identities of your Lifelines will also remain private.
c)
4) USAGE of OkVerify.com Services(Consider moving this section up higher, or at least the eligibility criteria up higher)
a) Eligibility Criteria
i) You must be 18 years of age or older and also be a resident in the United States of America to register.
ii) OkVerify users must use their own accounts while acting in a personal capacity . OkVerify is not open to commercial use or use by other organizations unless previously agreed upon in writing with OkVerify’s management team.
b) Application and Acceptance
i) Use is attained by completing and submitting the online registration (and agreeing to the Terms & Conditions set forth in this agreement).
ii) Once you have registered with OkVerify.com, an email will be sent to the email address provided on your registration form in order to verify your account. Your registration will be fully activated once you click on the verification link within the email.
iii) OkVerify reserves the right to refuse or withdraw service use at any time
c) Your Responsibilities
i) LEGALLY, OKVERIFY.COM CANNOT GUARANTEE YOUR PERSONAL SAFETY. Please use reasonable and rational judgment when making personal meeting and travel decisions.
ii) You will ensure that all information which you provide is accurate and not misleading. You will also keep this information updated.
iii) You must inform OkVerify immediately if you change or deactivate your phone number, or if any of your Lifelines change or deactivate their respective phone numbers.
iv) The equipment, including computer, software, and telecommunications, as well as any other systems used to access OkVerify services are your responsibility. You are responsible for all telecommunication and or other costs incurred by their use.
v) You are responsible for choosing appropriate Lifelines for each of your Events.
vi) You are responsible for taking all measures necessary to ensure your personal security at all times.
vii) You are responsible for keeping your password confidential and from preventing others from using it to access the Website on your behalf. You agree to immediately notify OkVerify.com of any unauthorized use of your password or any other security breach and ensure that you exit your account at the end of each session.
viii) You must not imitate another User or use a false identification or personality when using the Website.
5) FEES
a) Usage fees are listed on the Website Pricing page. They are charged prior to the commencement of the Contact Plan associated with an Event. Fees may be paid by credit card or PayPal on the payment page.
b) The usage fees may be changed at any time. OkVerify will provide you reasonable notice of any changes.
c) Please note that misuse of the 9-1-1 call option (listed in Section 3f) may result in, but is not limited to, fees and/or fines being levied upon you by local and/or federal law enforcement agencies. You are fully responsible for any and all fees and/or fines that may be levied upon you as a result of such call. With that, it is strongly recommended that you make every effort possible to prevent OkVerify from contacting the police on your behalf when it is unnecessary. OkVerify will not reimburse you for such costs.
6) Text & Phone Services
a) Text and phone services are available to all OkVerify.com Users. When you choose to be contacted by OkVerify via text message or phone call, you will be charged your network’s standard rate. No additional charges are imposed by OkVerify.
b) Depending on the Contact Plan, OkVerify will attempt to contact you via text message or phone call. If you fail to respond to OkVerify’s contact attempts or fail to deactivate an Event by logging into your account on OkVerify.com within the timeframe designated on your Contact Plan then OkVerify will take the following action: In numerical order, the Lifelines associated with the particular Contact Plan will be notified. The first Lifeline will receive a text message or phone call requesting confirmation of his/her current availability to aid you and the method (text message, email, or phone) by which they would like to receive your Event details. Each Lifeline will have 10 minutes to reply to the initial contact attempt, after which, a second attempt will be made. If a response is not received within 5 minutes of the second attempt, OkVerify will attempt to reach the next Lifeline listed. OkVerify will attempt to contact each Lifeline associated with the particular Contact Plan in this manner until a confirmation of availability and willingness to assist you has been received by one Lifeline. At which point a response is received from one of the Lifelines associated with the particular Contact Plan, the details of your Event will be shared only with that Lifeline in particular. OkVerify will offer that particular Lifeline the suggestion that they attempt to contact you and, if unable to do so, consider calling the police to assist you further. Once your Event details have been shared, responses to previous OkVerify contact attempts by Lifelines associated with the particular Contact Plan will receive a message informing them only that another Lifeline is verifying your safety. If OkVerify is unable to reach any of the Lifelines associated with the particular Contact Plan, depending on your preferences, the police will be contacted to assist you. At which point, your Event details will be shared. You will receive an email containing a summary of the actions taken by OkVerify in regard to the particular event, after which, no further action will be taken by OkVerify on your behalf in regard the particular event and Contact Plan..
c) If you do not respond to OkVerify’s attempts to contact you (via text message or phone call) within the allotted time selected during the creation of the Contact Plan and no Lifelines have been listed in the particular Contact Plan or If OkVerify is unable to reach any Lifelines associated with the particular Contact Plan and you have not chosen to grant OkVerify permission to contact the police on your behalf, then you will receive an email containing a summary of the actions taken by OkVerify in regard to the particular event. After which, no further action will be taken by OkVerify on your behalf in regard the particular event and Contact Plan.
7) Use of WEBSITE and OkVerify Services
a) User responsibilities
i) You must use the Website in a positive and responsible way, respecting the rights and position of others.
ii) You must not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website.
iii) You will not interfere with or disrupt the operation of the Website or the servers or networks connected to the Services or the Website.
iv) You will not post, email or otherwise transmit any material that contains software viruses or computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
b) OkVerify.com shall be entitled at any time to:
i) Alter the design or presentation of the Website or the Services without notice to you and without incurring any liability;
ii) Delete, remove or suspend the whole or any part of the Website without notice to you and without incurring any liability, provided that you are given two weeks notice
iii) Block or withhold your access to the Website and your Usage privileges at any time if OkVerify suspects any breach by you of any of the Terms in this agreement, if any User has incurred or may incur any liability in connection with the Website or the Services, or if your use is inappropriate.
8 ) LIMITATION OF LIABILITY AND DISCLAIMERS
a) You acknowledge that your use of this Website and the OkVerify.com Service is at your own risk. To the maximum extent permitted by law, OkVerify.com disclaims all liability whatsoever, whether arising in contract, tort (including negligence), or otherwise in relation to this Website and the OkVerify.com Service.
b) OkVerify is not liable for any failure to perform any obligation caused by matters beyond our reasonable control (including and without limitation to failure of transmission, inability to access the Website or error or delay in the sending or receiving of any communication, including those due to weather, blackouts, server malfunction, etc,).
c) While OkVerify does its best to ensure that the Website operates properly at all times, it cannot guarantee that the Website and the OkVerify.com Service will be fault free and do not accept liability for any errors or omissions. There may be delays, omissions and interruptions in the availability of the OkVerify.com Service. Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access this Website, any use of this Website or the OkVerify.com Service, is excluded to the fullest extent permissible by law. In no Event shall we be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website or OkVerify.com Service.
d) Due to the fact that many technical aspects of the OkVerify.com Service is supplied by or otherwise dependent on third parties, we cannot guarantee or give any warranty as to the reliability, availability or performance of those aspects of the OkVerify.com Service.
e) OkVerify is not responsible for any fees and/or fines assessed to you by local and/or federal law enforcement agencies as a result of the use of the 9-1-1 call option. In choosing the 9-1-1 call option, you are granting OkVerify permission to contact the police on your behalf if need be and agreeing to assume any and all consequences levied upon you as a result of such call.
f) Without affecting the rest of these Terms, our total liability to you under these Terms (whether arising in negligence or otherwise) will not exceed the amount you paid for Use per transaction or per month depending on which applies to each specific case. No refunds will be given if you have been gained access free of charge, i.e. via promotions and offers.
9) DATA PROTECTION
a) You may provide OkVerify with personal information about (what?). Generally this information is requested when you register for use or when you use any of the Services.
b) If you provide OkVerify with information about another person (e.g. information regarding your Lifelines), you confirm that they have consented to the processing of their personal data, and that you have informed them of OkVerify’s identity and the purposes as set out in this privacy policy.
c) Our use of personal data is governed by our Privacy Policy (I am guessing that is a separate document which they will know about) which forms part of the Terms (above?) and is available on the Website.
10) INTELLECTUAL PROPERTY
a) OkVerify owns and retains all rights, title, interest, and other propriety rights in the Website and the OkVerify.com Service. The Website contains copyrighted material, trademarks, trade secrets, and other intellectual property and propriety information of OkVerify.com. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, reproduce, license, create derivative works from, transfer display, or sell or re-sell any such intellectual property or proprietary information.
b) If you upload content to the Website you grant OkVerify a license to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display in public that content in any form and media on or in connection with the Website, at no cost to us and for as long as we require and you warrant that you own or have rights to the intellectual property in such content and have the right to grant this license. You will protect, defend, and indemnify us against all costs, claims, losses, liabilities, damages and expenses made against or incurred by us as a result of a third party alleging that the use of such content by us infringes the intellectual property rights or other proprietary rights of any third party worldwide.
c) You alone are responsible for any content or information you enter on your account. OkVerify.com is not the publisher and only provides the channel for you to publish and/or distribute your personal information.
d) You may not publish offensive content, this includes content that contains offensive language, overtly sexually explicit content (including photographs), is unlawful, threatening, libelous, abusive, harmful, bigoted, racially offensive, obscene or harassing. Further you may not publish content that encourages behavior that may constitute a criminal offense, result in civil liability or otherwise violate any applicable local, state, national or international law or regulation.
e) OkVerify reserves the right to delete or remove content we deem offensive or where a complaint has been received from a third party. OkVerify does not guarantee that offensive material will be removed or deleted. Failure by us to remove or delete offensive content does not waive our right to remove or delete offensive content in subsequent or similar cases.
11) TERMINATION
a) We reserve the right to terminate your service use at anytime if you fail to adhere to the user’s responsibilities and misuse the site.
12) YOUR RIGHTS OF CANCELLATION
a) You agree to the User Terms and Conditions beginning immediately by checking the box when creating a login account. We provide limited refunds if you paid within three days of purchase.
13) GENERAL
a) These Terms constitute the entire agreement between you and OkVerify.com regarding the subject matter contained in these Terms and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
b) If any provision of these Terms is held to be invalid or unenforceable by judicial decision, the remainder of the Terms shall remain valid and enforceable.
c) These terms and any documents referred to in them are governed by and construed in accordance with the laws of the United States and you and we agree to submit to the exclusive jurisdiction of the American courts for the determination of disputes.
d) The characters depicted in photographs on OkVerify are models and fictional, any similarities to actual persons living or dead are purely coincidental.
Revised: 1/20/11