Welcome to the Terms of Service for TegraServ.Net LLC/ CONVERGE's API service ("Service") website ("Site") and its mobile and web-based applications (collectively the "CONVERGE App"). PLEASE READ THE CONVERGE USER AGREEMENT CAREFULLY before using TegraServ.Net LLC, CONVERGE website or CONVERGE mobile application. Your use of the CONVERGE website and the applications, services, information and other materials available on and through the websites (such applications, services, information, other materials, and the websites themselves are referred to collectively as the "CONVERGE") is subject to the terms and conditions set forth herein, as well as any other notices, disclaimers, or restrictions posted on the Site (collectively, the "Agreement"). The applications, services, information and other materials available on and through the website and App will be referred to as CONVERGE
This is an agreement ("Agreement") between, TegraServ.Net LLC/CONVERGE ("CONVERGE" "us," "our," or "we"), and you, a user of our Service, Site or App or another of our services. By clicking agree or by accessing our Service, App or Site or using any of CONVERGE's services, you agree to be bound by this Agreement and CONVERGE's privacy policy. Agreement and privacy policy may be published on the Website. These Terms may be modified at any time without prior notification, and updated Terms will be posted on the website. Any new features, products, services, tools, and/or resources added to the Services in the future will be governed by these Terms. If you do not agree to these Terms, you may not use the Website or Services.
Users of our app and our website must be 12 or above. If you are under the age of 12 please stop using our Site and Service immediately.
CONVERGE offers Agency/Users a simple way to manage and monitor resources during activities, events, emergencies, operations, trainings, and functions. Manage information and inventory. Monitor and track recourses, assigned tasks and jobs through an interactive Service, Site and App.
Department, organization, or company must register as an Agency. Individuals must register as a "Registered User" in order to access certain Services. You agree that all information provided to CONVERGE during registration is complete and accurate . You may not create a "User account" for anyone but yourself. You may claim a business that you own or legally represent by registering as a Business and agreeing to the Business Promotion Terms and Conditions as part of your registration.
To use CONVERGE, and Agency Account must be created before User can register for that Agency. User may register to one or more Agency. You are required to create a unique profile called a "User" via phone app. Account registration requires you to submit certain personal information, as is further described in and governed by our Privacy Policy. You agree to submit accurate, up-to-date, complete, and truthful information when creating a User or Agency Account. We have the final discretion in granting accounts and reserve the right to reject users without explanation. You are responsible for all activity that occurs under your accounts, and you agree to maintain the security and secrecy of the username and password assigned to your CONVERGE User and Agency Account. You may only possess one User Account.
When creating a CONVERGE Agency Accounts, you will be asked to designate a preferred payment method. CONVERGE does not collect or retain payment card information.
You will not reproduce or reverse engineer any part of the Services, unless you have been given specific permission to do so in a separate agreement with CONVERGE. You agree that you will not authorize or permit any automated searching of the site by "crawlers" or the like, or engage in the "scraping" of any data from the site, or otherwise access the site except for your own personal use (or if you are a business owner claiming your page, for or on behalf of your business).
You will not access or attempt to access any part of the Services by any means (automated or otherwise) other than through those made available by CONVERGE (and pursuant to these Terms). You will not engage in any activity that interferes with or disrupts access of the Services to any user or network. You agree to use the Services in accordance with these Terms and any applicable laws and regulations. You further accept sole responsibility for any breach of these Terms, and any consequences that may arise as a result.
The design of all the CONVERGE Service, App or Site, along with CONVERGE created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CONVERGE, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. CONVERGE reserves all rights not expressly granted in and to the CONVERGE Service, App or Site. You agree to not engage in the use, copying, or distribution anything contained within the CONVERGE Service, App or Site unless we have given express written permission.
You agree that CONVERGE is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
IN NO EVENT SHALL CONVERGE ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE APP, SITE OR SERVICE ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, SITE OR SERVICE, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP, SITE OR SERVICE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP, SITE OR SERVICE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR APP, SITE OR SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR APP, SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR APP, SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR APP, SITE OR SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR APP, SITE OR SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
OUR APP, SITE AND/OR SERVICE ARE OFFERED "AS-IS", INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR APP, SITE, OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR APP, SITE OR SERVICE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR SERVICE, MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP, SITE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE APP, SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE APP, SITE OR SERVICE WILL BE CORRECTED, OR THAT THE APP, SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. CONVERGE IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR APP, SITE AND SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE APP, SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP, SITE OR SERVICE.
We do not guarantee that the CONVERGE Service, App or Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use the CONVERGE Service, App or Site may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the CONVERGE Service, App or Site will work as advertised, or that it will give you the desired results. CONVERGE is a tool for Incidents, Resources, Management and Command.
The CONVERGE Service, App or Site are made available or accessed in connection with third party services and content (including advertising) that CONVERGE does not control. You acknowledge that different Terms of Service or service, and different privacy policies may apply to your use of such third party services and content.
You agree to defend, indemnify and hold harmless CONVERGE, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the CONVERGE App, Site, or Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
CONVERGE is not responsible for your violation of any laws while using the CONVERGE Service, App or Site. Users must comply with all local, state, or federal laws regarding your use of the CONVERGE Service, App or Site. The CONVERGE Service, App or Site are void where prohibited.
CONVERGE reserves the right at any time to: (i) to change the Agreement; (ii) change the Site, including eliminating or discontinuing any content or feature of the Site; or (iii) change the fees or charges for use of the Site. Any change will be effective immediately when posted on the Site. Your continued access to or use of the Site will be deemed acceptance of such changes.
Each time you enter in a login ID and password on the Site: (1) you represent that you have been authorized to use the Site by (i) CONVERGE; or (ii) a party that has an agreement with CONVERGE, in accordance with the terms of such agreement; (2) you represent that you are an employee or agent of a party described in item (1) above; (3) you represent that you are the user assigned to use the login ID and password that is accessing the Site and (4) you agree to be bound by the Agreement. Use of the Site is restricted to CONVERGE and its authorized users. Unauthorized use of the Site including, but not limited to, unauthorized entry into the Site, misuse of passwords, or misuse of any information within the Site is strictly prohibited. Authorized Users of the CONVERGE Site will be referred to herein as "Agency or User".
All matters relating to the App, Site or Service, and these Terms of Service and any dispute or claim arising under or relating to the CONVERGE Service, App or Site or these Terms of Service, shall be governed by and construed in accordance with the internal laws of the state of Michigan, U.S.A. without giving effect to any choice of law provision of rule (whether of the state of Michigan or any other jurisdiction.)
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other's operation, CONVERGE shall have the sole right to elect which provision remains in force.
CONVERGE reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future
We may terminate or suspend your CONVERGE Account, or our App, Site, and/or Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you may be entitled to a refund if applicable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. vWhen we amend this Agreement, we will update this page and indicate the date that it was last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our App, Site and Service.
The communications between you and CONVERGE use electronic means, whether you use our App, visit the Site, or use our API Service, or send CONVERGE e-mails, social media, or other messages, or whether CONVERGE posts notices on the App, Site, or Service or communications with you via e-mail, or social media. For contractual purposes, you (1) consent to receive communications from CONVERGE in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that CONVERGE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about CONVERGE must be addressed to our agent for notice and sent via certified mail to: 1919 Circle Dr, Fairgrove, MI 48873. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You understand and agree that use of CONVERGE's Services may result in charges to you for products or services you receive from third party service providers ("Partners"). CONVERGE will facilitate your payment of fees, premiums, and/or taxes on behalf of the Partner, as such Partner's limited payment collection agent. All charges shall be inclusive or applicable taxes as required by law. All charges are final and non-refundable.
Payment of our Partners fees and costs are due immediately and payment will be facilitated by CONVERGE using the preferred payment method designated in your CONVERGE Agency Account, after which CONVERGE will send you a receipt via email.
The use of the CONVERGE API Service (the "Service") Website (the "Site") and Mobile Applications (the "App") is governed by the following end user license agreement. By using the Service, Site or downloading and using the App, you acknowledge that this end user license agreement is between you and CONVERGE.
Scope of License: Subject to these Terms of Service, CONVERGE grants you a non-transferrable, non-exclusive license to use the CONVERGE Service, Site & App for your sole use. Also subject to these Terms of Service, CONVERGE grants you a non-transferrable, non-exclusive license to use a copy of the App downloaded solely in connection with the other CONVERGE Services on your iOS or Andriod Device.
When using CONVERGE, you are responsible for your use of the CONVERGE Service, App or Site, and for any use of CONVERGE made using your account. You agree not to access, copy, or otherwise use CONVERGE, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by CONVERGE. You agree not to use the CONVERGE Service, App or Site to:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use the CONVERGE Service, App or Site may at our discretion be terminated or suspended.
Certain features of the CONVERGE Service, App or Site allow you to post, submit, publish, share, store, or manage (a) ideas, opinions, recommendations, data and information, including Information and (b) literary, artistic, musical, or other content, such as photos and videos (both "Content"). By posting or publishing Content, you represent and warrant to us that you have all necessary rights to distribute Content to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the Content. You further represent and warrant that none of the Content you post or publish contains financial, privileged, confidential, personally identifiable or personal information of any kind whatsoever. You hereby grant to CONVERGE and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the Agreement), sub-licensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit information and Content as we in our sole and absolute discretion deem appropriate to perform and to promote (subject to your account settings) the CONVERGE Service, App or Site and in accordance with these Terms of Service. This license ends when you disable Client Materials or your account, unless Client Materials have been shared with others and they have not deleted it. You acknowledge and agree that we will own all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the CONVERGE Service, App or Site. We acknowledge and agree that, as between you and CONVERGE, you will own all right, title, and interest in and to Content you provide and to Client Materials.
You grant CONVERGE the right, at CONVERGE's option and expense, to use the name of the entity you represent (if any), including reproduction of such entity's trademark, trade name, service mark and logo, for advertisements and on other marketing materials of CONVERGE.
"Confidential Information" means the nonpublic and/or proprietary information revealed by CONVERGE, including without limitation all forms and types of financial, business, scientific, technical, economic or engineering information of CONVERGE, and including without limitation, the applications provided through the Site. You agree to keep all Confidential Information acquired from CONVERGE, whether in connection with your use of the Site or otherwise, confidential by exercising the same degree of care you exercise with your confidential information but in no instance less than commercially reasonable. You may not use the Confidential Information except as expressly provided herein, and you may not disclose the Confidential Information without express written permission from CONVERGE. All Confidential Information will remain the property of CONVERGE and will not in any manner be deemed licensed or transferred to you. You must return or destroy all Confidential Information on CONVERGE's request, upon the termination of this Agreement or upon termination of your rights to use the Site. You must comply with all privacy and data protection laws, rules and regulations which are or which may in the future be applicable to your use of the Site or any applications, data or information provided on or through the Site. Without limiting the generality of the foregoing sentence, you agree that you will not use or disclose to any other party any nonpublic personal information which you receive in connection with the Agreement or through the Site, except as expressly permitted in the Agreement or by applicable law. You acknowledge and agree that: (a) irreparable injury will result to CONVERGE in the event of a breach by you of this obligation of confidentiality, (b) CONVERGE's remedy at law for such breach is inadequate and (c) CONVERGE, in addition to any money damages for any such breach, will be entitled to temporary and permanent injunctive relief without the necessity of proving damages, and that CONVERGE will not be required to post bond as a condition of such relief.
The Site contains links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by CONVERGE. CONVERGE has not reviewed all of the web sites that are linked to the Site, and CONVERGE has no control over such sites. Unless otherwise explicitly stated, CONVERGE is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that CONVERGE offers such links does not indicate any approval or endorsement of any material contained on any linked site. CONVERGE is providing these links to you only as a convenience. Accordingly, CONVERGE strongly encourages you to become familiar with the terms of use and practices of any linked site.
You understand and acknowledge that the Site, including, without limitation, the CONVERGE System, is provided to you solely as means for helping you connect with Agency and individuals. Without limiting the generality of anything set forth in this Agreement, you also acknowledge and agree that CONVERGE has no monitoring, enforcement or other obligations or responsibilities in relation to the Members, any data, information or materials provided by them, their businesses or any business relationships between the Agency. If you decide to enter into a business or mutual aid relationship with an Agency, you understand and agree that you do so at your sole risk and you are solely responsible for managing such relationship and enforcing any and all rights and remedies you may have against such Member. Any contract or agreement between Agency that you may enter into by accessing and using the Site. Solely between you and the applicable Agency or User. CONVERGE is not a party to any such contract or agreement, has no obligations under any such contract or agreement, and expressly disclaims all liability whatsoever arising out of, or in connection with, any such contract or agreement. If you have a dispute with one or more User or Agency, you release CONVERGE (and its affiliates, and their respective directors, officers and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive all rights under California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
It is CONVERGE's policy to take immediate action to address allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at copyright.gov). To report an infringement, you must submit a written notice containing the following:
CONVERGE is a "tool" or an "aid" to manage an event. CONVERGE Provide Assets tracking and Resource Management during events. Monitors Human Resources to aid in safety and accountability during an event. CONVERGE should be used only as an aid or a tool, and users must comply with Agency policies and procedures. Agency and Users are responsible for the safely of themselves and their personnel during an event, and must assure that they can safety use CONVERGE Services, Sites and Apps during an Event. Users should not use CONVERGE Service, Sites, or Apps while operating a vehicle or while responding to an event. Users should not use the CONVERGE Service, Site or Apps during a time that would jeopardize their safety or others.