DISCLAIMER

The data on this site is created and provided by third parties on an “as-is” basis. By accessing this site, you acknowledge and agree that the data is not created by WMR. The data is provided for general informational purposes only and WMR makes no guarantees, representations or warranties with respect to completeness, accuracy, usefulness or timeliness. WMR assumes no responsibility or liability for any errors or omissions in the data or in the content of this site. In no event will WMR be liable for any direct, special, indirect, consequential or other damages, arising out of or in connection with the data, the site or your use thereof. By accessing this site, you agree not to hold WMR liable for any decisions or actions which you may make or take based on your reliance or use of the data, or for any liability that may arise due to delays, interruptions or inaccuracies for any reason in the provision of the data.

FRS Terms of Service

1. Acceptance of this Agreement

By accessing and using FRS Fire Department Reporting System (FRS, the Service, or the Software), you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these services, you shall be subject to any posted guidelines, policies or rules (Terms of Service) applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to be bound by the Terms of Service you will not be allowed to use this service.

2. User Conduct and Proprietary Rights

Conduct. You are solely responsible for the content of Your transmissions and use of FRS. The Winnipeg Metropolitan Region (WMR, We) does, however, reserve the right to take any action regarding the Service that the WMR deems necessary or appropriate in WMR's sole discretion if the WMR believes you or Your transmissions or use of the Service may be offensive, illegal or create liability for the WMR. Your use of the Service is subject to all local, provincial, national and international laws and regulations (including without limitation those governing account collections, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all Canada laws, rules and other regulations applicable in connection with the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems, and You will not interfere with another user's use and enjoyment of the Service. If you do not comply with these terms, and we do not take action right away, this does not mean that WMR is giving up any rights that they may have (such as taking action in the future).

Proprietary Rights. Under Your authorized use of the Service, You acknowledge that the Service is proprietary and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this Service as expressly authorized by the Service and these Terms. Further, FRS, WMR and the FRS and WMR logo, and other names, logos, icons and marks identifying WMR's products and services are trademarks of the WMR and may not be used without the prior written permission of the WMR. All other product names mentioned are used for identification only and may be trademarks of their respective holders. You may not copy, reproduce, distribute or create derivative works of this Service without expressly being authorized to do so by the WMR. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the Service. All rights not expressly granted in these Terms are reserved to the WMR.

Ownership. Using our Services does not give you ownership of any intellectual property rights in our Services.

Your content on our site. Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload, submit, store, send or receive content to or through our Services, you give WMR and FRS a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), and communicate such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (Some Services may offer you ways to access and remove content that has been provided to that Service.

3. Privacy

WMR will not sell or rent Your personally identifiable information to anyone unless You expressly consent to disclosures of Your personal identification and other personal information to third parties. We may send personally identifiable information about You to third parties when: a) We have Your consent to share the information or b) We find that Your actions on our Web site violate this Terms of Service, or c) We respond to subpoenas, court orders or legal processes which require us to disclose any information about You to law enforcement or other government officials as the WMR, in its sole discretion, believes necessary or appropriate. WMR may produce products from non-personally identifiable FRS data that has been entered into FRS solely by WMR member municipalities, and may share such products as believed necessary or appropriate by the WMR.

4. Modifications

WMR may amend these Terms at any time by (i) posting a revised Terms of Service document on frs.openaxis.ca and/or (ii) sending information regarding the Terms amendment to the email address You provide in FRS. You are responsible for regularly reviewing the frs.openaxis.ca site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Further, WMR reserves the right to modify with or without notice or discontinue service with notice to You. WMR shall not be liable to You or any third party should WMR exercise its right to modify or discontinue the Service.

5. Passwords and Security

As part of the registration process, You will be issued a unique user name and password for access to FRS. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. You are solely responsible for any activities that occur under Your account. You agree to immediately notify WMR of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.

6. Termination

WMR may immediately terminate Your membership and right to use FRS if (a) You breach these Terms; (b) WMR cannot verify or authenticate any information You provide to WMR; (c) such information is inaccurate; or (d) WMR decides, in its sole discretion, to discontinue offering the service. WMR shall not be liable to You or any third party for termination of the Service. You may terminate Your Account and end Your use of the Service at any time, for any reason or for no reason. Upon termination of Your account, You shall remain liable for all fees incurred or accrued by You and any fees you may have paid in advance are nonrefundable. Upon expiration or termination You may no longer use the Service or Software. All cancellations of service or changes in service must be done in writing to WMR. It can be done by email to frs@openaxis.ca, or via regular postal to:

Winnipeg Metropolitan Region 4-875 St. James Street Winnipeg, Manitoba R3G 0V9

7. Maintenance, Modifications and Updates

You understand that WMR may modify or update the Software at any time, but is under no obligation to inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation. If WMR supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless WMR indicates otherwise. WMR reserves the right to charge fees for any future versions of, or updates to, this Software. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some communications.

8. Disclaimer of Warranties

WMR makes no warranty that the Service will meet your requirements or that the Software will be uninterrupted, timely or error free, nor does WMR make any warranty on the results that may be obtained from the use of the service or the accuracy of any other information obtained through the service or that defects in the Software will be corrected. The data available on the Service is created and provided by third parties on an “as-is” basis. By accessing the Service, you acknowledge and agree that the data is not created by WMR.

You understand and agree that any material and/or data downloaded or otherwise obtained through the service is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by you from WMR or through the service shall create any warranty not expressly made herein. To the extent that an implied warranty of merchantability, fitness for a particular purpose, and non-infringement may apply; as permitted by law, We exclude all such warranties. The data is provided for general informational purposes only and WMR makes no guarantees, representations, or warranties with respect to completeness, accuracy, usefulness or timeliness.

9. Liability and its Limitations

WMR assumes no responsibility or liability, in contract or in tort, for any errors or omissions in the data or in the content of the Service. In no event will WMR be liable for any direct, special, indirect, consequential or other damages, arising out of or in connection with the data, the Service, or your use thereof, including, but not limited to, damages for loss of profits, even if WMR has been advised of the possibility of such damages.  By accessing the Service, you agree not to hold WMR liable for any decisions or actions which you may make or take based on your reliance or use of the data, or for any liability that may arise due to delays, interruptions, or inaccuracies for any reason in the provision of the data.

10. Indemnity

You agree, at Your expense, to indemnify, defend and hold WMR harmless against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against WMR arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.

11. Interruptions in Service

WMR is not liable for any errors or interruption in service, whether within or outside of WMR's reasonable control. You understand interruptions may or may not occur and You will hold WMR free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by WMR or by third-party providers, or because of power interruptions or other causes.

12. Backups and Data Loss

FRS backup runs daily. WMR makes no guarantees about the daily backups. The WMR takes every reasonable precaution to protect against data loss, however if an incident of data loss occurs, WMR will take reasonable action to remedy the incident.

 

Back