Terms of Use
Thank you for visiting the Totally Unprepared website and reviewing our Terms of Use (“Terms”).
The Totally Unprepared Campaign (“Totally Unprepared”) provides this website, a Facebook
page, and a Mobile Application (collectively “Services”) to promote public awareness and
preparation for disasters. Totally Unprepared Services were created under the auspices of the
California Emergency Services Act.
You should be aware that we also have a Privacy Policy. Please read these Terms and our
Privacy Policy carefully before using our Services.
By visiting this website or our Facebook page, or downloading, installing, using, or otherwise
accessing the Mobile Application, you are consenting to be bound by these Terms, including any
future modifications.
Comments On Our Website And Social Media
Be polite, reasonable, and constructive, or your comment might be deleted.
We want to make sure Totally Unprepared provides a good experience for all visitors. Therefore, we want to keep the content focused on the specific topics being addressed. Comments that don’t directly relate to Totally Unprepared or the topics currently being discussed, or comments or questions about specific preparedness initiatives may be removed. We reserve the right to not publish or to remove comments that are obscene, inflammatory, disrespectful, contain profanity, or that we deem are otherwise inappropriate. We may not publish or may remove comments that could be misleading or confusing, or thinly disguised sales pitches for other products or services. Additionally, we may not publish or may remove a link contained in your comment if it does not meet the criteria.
Your Use of Services
You agree to use the Totally Unprepared Services only for lawful purposes and in a way that
does not infringe the rights of, restrict or inhibit anyone else’s use or enjoyment of the Services.
You agree that you will comply with all applicable export controls, as well as all local laws and
regulations. By using the Services, you warrant that you are not prohibited from receiving exports
or services under US or other applicable export laws.
If you do not comply, or if we reasonably suspect that you are not complying with these Terms,
we may block your access (temporarily or permanently) to the Services.
Totally Unprepared may provide you with information that is useful in preparing for emergencies.
You must use your own personal judgment when utilizing this information. If you feel that any
suggestion for emergency preparedness actions provided by Totally Unprepared instructs you to
perform an unsafe action, or places you in an unsafe situation, then you must not follow the
suggestion.
Privacy Policy
Use of any personal information or other information about you collected by Totally Unprepared
through, or in connection with, the Services, is subject to our Privacy Policy , which is
incorporated into this agreement by this reference. You agree that Totally Unprepared may
collect and use technical data and related information to facilitate the provision of updates and
support related to the Services.
A Special Note about Children
Children are not eligible to use services that require submission of personal information, and we
require that minors (under the age of 18) not submit any personal information to us. This includes
submitting personal information as part of a user or personalization profile. If you are a minor,
you can use these services only if used together with your parents or guardians. If you are a
minor, you should seek guidance from your parents.
Security
Totally Unprepared takes all measures reasonably necessary to safeguard its Services. Our
Privacy Policy and these Terms should not be construed as giving any business, legal, or other
advice or guaranteeing the security of the information provided through the Services.
Indemnification
You agree to indemnify, defend, and hold Totally Unprepared and its creators, our Funders, and
their respective employees and agents (collectively, “Campaign Creators”) harmless from and
against any and all liability, loss, injury, demand, action, cost, expense, or claim of any kind or
character, and any other liabilities, including, but not limited to, attorneys’ fees, arising out of or in
connection with your use of the Services.
No Warranty
You agree that your use of the Services is entirely at your own risk and that you will be solely
responsible for any damages that arise from such use. To the maximum extent permitted by
applicable law, the Services are offered “as-is” and “as available” with all faults and without any
warranty of any kind.
Totally Unprepared, its Campaign Creators and Our Funders disclaim all warranties of any kind
concerning the Services, whether express, implied, statutory, or otherwise, including, but not
limited to the warranties and/or conditions of merchantability, fitness for a particular purpose, noninfringement
of third party rights, accuracy, satisfactory quality, and quiet enjoyment.
Totally Unprepared, its Campaign Creators and our Funders make no representations, warranties
or guarantees regarding (1) the operation or performance of the Services, (2) the nature, content
or accuracy of any information, material, apparatus, or other process contained on, linked, or
referenced on the Services, or (3) any products or services purchased through use of any third
party provider content or service, or any products or services purchased or obtained as a result of
information accessed in the Services.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of consumer
statutory rights, so the above exclusions and limitations may not apply to you.
Limitation of Liability
The Services contain advice for disaster preparedness, but this advice may not be current,
accurate, or appropriate for your particular situation. To the extent not prohibited by law, in no
event shall Totally Unprepared and/or its Campaign Creators and Our Funders be liable to you or
any other party for personal injury, or any compensatory, indirect, punitive, special, incidental,
consequential, or other damages of any type or kind, whether based on contract, tort (including
negligence), product liability, or any other theory or form of action based on, relating to, or arising
out of the use or inability to use the Services or any third-party data or content, including acts or
omissions by you in reliance on the Services, even if Totally Unprepared and/or Campaign
Creators and Our Funders have been advised of the possibility of such damages. Totally
Unprepared, its Campaign Creators and Our Funders shall not be liable for computer viruses or
other malicious programs that are transmitted to your computer or mobile device as a result of
your use of the Services. If you are dissatisfied with the Services, or with any of these Terms,
your sole remedy shall be to terminate use of the Services.
Third Party Links and Opinions
Totally Unprepared may post links to other websites at its discretion. Totally Unprepared
disclaims all legal responsibility for any information, materials, endorsements, opinions, or any
other content available on these websites. Totally Unprepared, its Campaign Creators and Our
Funders have no control over these sites and assume no responsibility for these websites. You
assume all risk and liability associated with your use of these websites.
Totally Unprepared, its Campaign Creators and Our Funders are not responsible for content or
any other information posted to Services by third parties. Totally Unprepared, its Creators and
Our Funders do not warrant the accuracy of such postings and assume no legal responsibilities
or liability in connection with such postings.
Totally Unprepared utilizes other websites, including but not limited to the Apple iTunes App
Store, Android Market, and Facebook. These third party websites have their own terms of
service and policies. Please refer to and abide by their terms of service and policies.
No Endorsement
Reference in these Services to any specific commercial products, processes, or services, or the
use of any trade, firm, or corporation name is for the information and convenience of the public,
and does not constitute endorsement, recommendation, or favoring by Totally Unprepared, the
Campaign Creators, Our Funders or the State of California, or its employees or agents.
Data Charges and Access
While the Mobile Application is free for use, you are responsible for any applicable charges and
fees associated with any data plan fees or other charges of any kind whatsoever that may be
required by your carrier to access the Mobile Application.
Trademark/Service Marks
The logos of Totally Unprepared, its Campaign Creators and Our Funders may not be used
without express written permission, other than for attribution. If you use the logo of Totally
Unprepared, Campaign Creators or Our Funders for attribution, and the creator of the logo
desires you to remove the logo, you must remove that logo upon request. Some of these logos
may be registered trademarks or service marks.
Copyright
The Totally Unprepared website is licensed under a Creative Commons Attribution 3.0 License.
Software
Software developed by Totally Unprepared is licensed under the BSD 2-Clause License.
Suggestions and Improvements
By sending us ideas or suggestions (“Feedback”), you agree that your Feedback does not contain
confidential or proprietary information of third parties, we are under no obligation of confidentiality,
express or implied, with respect to the Feedback, we may have something similar to the
Feedback already under consideration or in development, and you grant us an irrevocable, nonexclusive,
royalty-free, perpetual, worldwide license to use, modify, publish, distribute, and
sublicense the Feedback.
Digital Millennium Copyright Act (DMCA) Notice
Totally Unprepared respects the intellectual property of others, and we ask users of our Services
to do the same. In accordance with the DMCA and other applicable law, we have adopted a
policy of limiting or terminating access, in appropriate circumstances and at our sole discretion, of
any users who infringe any intellectual property rights of others, whether or not there is any
repeat infringement. Notifications of claimed infringement regarding materials posted to Totally
Unprepared Services should be addressed to Totally Unprepared at the contact information listed
under “Additional Information” below in accordance with the DMCA.
Changes
Totally Unprepared may, within its sole discretion, change these Terms from time to time without
notice to you.
Severance
If any provision of this agreement or the application thereof to any party or circumstance is
deemed unlawful, void, or for any reason unenforceable, then that provision, to the extent
permitted by law, shall be severed from this agreement and shall not affect the validity and
enforceability of any remaining provisions. The parties agree to substitute for such provision a
valid provision that most closely approximates the intent and effect of such severed provision.
Miscellaneous
This agreement constitutes the entire understanding of the parties, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to its
subject matter. A provision of this agreement may be waived only by a written instrument
executed by the party entitled to the benefit of such provision. The delay or failure of any party at
any time to require performance of any of these terms shall in no manner affect such party’s right
at a later time to enforce the same. A waiver of any breach of any provision of this agreement
shall not be construed as a continuing waiver of other breaches of the same or other provisions of
this agreement.
This agreement shall be governed by and construed in accordance with the laws of the State of
California. Your use of the Services may be subject to other jurisdictional laws.
Questions and Additional Information
For questions, complaints, or additional information, please contact:
privacy -at- totallyunprepared.com.
