Legal agreement between You and Beacon Mid-Atlantic.
Last Updated: January 1, 2025 | Effective Date: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "You") and Beacon Mid-Atlantic ("Organization," "We," "Us"), a 501(c)(3) nonprofit organization operating the BeaconHEAR platform.
By accessing, browsing, or using the BeaconHEAR.org website and its associated audio streams, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Acceptable Use Policy. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST CEASE USE OF THE SERVICE IMMEDIATELY.
Access to restricted feeds is strictly limited to authorized personnel (First Responders, Credentialed Media, OEM). You represent and warrant that:
Beacon Mid-Atlantic reserves the right to verify credentials at any time and to revoke access immediately if falsified documents are discovered.
While the underlying radio transmissions may be part of the public spectrum, the infrastructure used to capture, decode, encode, and distribute these signals is the exclusive property of Beacon Mid-Atlantic.
All content on this site, including but not limited to the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Beacon Mid-Atlantic, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
PLEASE READ CAREFULLY:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
BEACON MID-ATLANTIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE.
IN NO EVENT SHALL BEACON MID-ATLANTIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Philadelphia County, Pennsylvania, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be settled by binding arbitration administered by the American Arbitration Association (AAA).
YOU AND BEACON MID-ATLANTIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Beacon Mid-Atlantic shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.