Terms of Service

Agreement to our legal terms

We are C-Ment Dispatch (“Company,” “we,” “us,” “our”), a company registered in Montana, United States at 3964 Indian Creek Rd, Eureka, MT 59917.

We operate the website cmentdispatch.com (the “Site”), the mobile application C-Ment Dispatch (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by phone at 406-291-5272, email at hello@cmentdispatch.com, or by mail to 3964 Indian Creek Rd, Eureka, MT 59917, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and C-Ment Dispatch, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

1. Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use the Services.

2. Intellectual property rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

Your use of our services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose.

3. User representations

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update such registration information as necessary
• You have the legal capacity and you agree to comply with these Legal Terms
• You are not a minor in the jurisdiction in which you reside
• You will not access the Services through automated or non-human means
• You will not use the Services for any illegal or unauthorized purpose
• Your use of the Services will not violate any applicable law or regulation

4. User registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

5. Purchases and payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

6. Subscriptions

Billing and renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge. The length of your billing cycle is monthly.

Free trial

We offer a 30-day free trial to new users who register with the Services. The account will be charged according to the user’s chosen subscription at the end of the free trial.

Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

Fee changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Software

We may include software for use in connection with our Services. We grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms.

8. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Services
• Upload or transmit viruses, Trojan horses, or other malicious code
• Engage in automated use of the system
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person
• Interfere with, disrupt, or create an undue burden on the Services
• Use the Services as part of any effort to compete with us
• Decipher, decompile, disassemble, or reverse engineer any software

9. Mobile application license

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with the terms and conditions of this mobile application license.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play:

• The license granted to you is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems
• We are responsible for providing any maintenance and support services with respect to the App
• You must comply with applicable third-party terms of agreement when using the App

10. Services management

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms, take appropriate legal action against violators, refuse or restrict access to the Services, remove content, and otherwise manage the Services in a manner designed to protect our rights and property.

11. Privacy policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

12. Term and termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason or for no reason, including for breach of any provision of these Legal Terms.

13. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

14. Governing law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Montana applicable to agreements made and to be entirely performed within the State of Montana, without regard to its conflict of law principles.

15. Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in Lincoln, Montana.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than three (3) years after the cause of action arose.

16. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

17. Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

18. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of your use of the Services, breach of these Legal Terms, or violation of the rights of a third party.

19. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit.

20. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

21. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

22. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

23. Contact us

Phone: 406-291-5272

Email: hello@cmentdispatch.com