Terms of Use (also referred to as Terms of Service)

These terms of service (“Terms”) cover your use and access to and use of the online-based application and services (collectively, “Services”) provided by Continuity Innovations, LLC (“Continuity Innovations”) for the purpose of generating a pandemic plan for your organization (“Pandemic Plan”). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy.

You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with Continuity Innovations in order to use the Services. In no event is use of the Services permitted by those under the age of 13.

No Advice

Continuity Innovations provides Services to allow users to generate a Pandemic Plan. The Pandemic Plan generated through your use of the Services is for your organization’s internal use only. We do not review any information you provide for accuracy.  If you need specifically tailored advice to develop a Pandemic Plan for your organization, you should consult with an expert.

Consent to Receive Emails

By creating an account, you agree that you may receive communications from Continuity Innovations, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “unsubscribe” link in the footer of the actual email.

License Grant

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered Continuity Innovations user, you are licensed to keep, for your own personal records, electronic or physical copies of the Pandemic Plan you have created using the Services. You may not copy the content of our forms for use of or sale to any third party.  Resale or unauthorized distribution of the Pandemic Plan generated through the Services is strictly prohibited. Use of these materials is exclusively for your business use. Any resale or redistribution of our materials requires the express, written consent of Continuity Innovations.  Any rights not expressly granted in these Terms are reserved by Continuity Innovations.

Intellectual Property Rights

Continuity Innovations retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in these Terms, you may not, and may not permit others to:

  • reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
  • sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
  • circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and arrangement thereof and services and the forms, documents, guidance and all other content found on our website, including but not limited to the design of the Pandemic Plan generated through your use of the Services, are the property of Continuity Innovations.  Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of our trademarks.

Disclaimer of Representations and Liability

The information, software, products, and services made available through the Services may include inaccuracies or typographical errors. Continuity Innovations may at any time make improvements or changes to our Services. Information received via the Services, including the Pandemic Plan generated therefrom, should not be relied upon for advice. Your use of our Services, including your reliance on the Pandemic Plan generated therefrom, is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, CONTINUITY INNOVATIONS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION RECEIVED FROM THE SERVICES, INCLUDING THE PANDEMIC PLAN GENERATED THEREFROM, SHOULD NOT BE RELIED UPON FOR ANY DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.  FOR THE AVOIDANCE OF DOUBT, CONTINUITY INNOVATIONS MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE PANDEMIC PLAN GENERATED THROUGH YOUR USE OF THE SERVICES WILL IN ANY WAY GUARANTEE ANY RESULTS, INCLUDING YOUR ORGANIZATION’S RECOVERY FROM ANY PANDEMIC, OR THAT THE PANDEMIC PLAN WILL SATISFY ANY LEGAL, REGULATORY, OR AUDIT REQUIREMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CONTINUITY INNOVATIONS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CONTINUITY INNOVATIONS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

CONTINUITY INNOVATIONS’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SERVICES.

Release and Indemnity

You agree to indemnify and hold Continuity Innovations and its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of any third party claims relating to your use of the Services, your violation of these Terms, or your violation of any rights of another.

Controlling Law

These Terms will be governed by California law.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Continuity Innovations with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability and Assignment

The failure of Continuity Innovations to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Continuity Innovations may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

© 2020 Continuity Innovations, LLC| All rights reserved.