These terms and conditions were last modified on April 17, 2024.
DATABUTION is a case management system hereinafter referred to as ("DATABUTION").
DATABUTION is a software as a service (SaaS) provided by Ragefish.
These terms govern your use of the DATABUTION web site or services ("Services"). By using the Services, you agree to these terms.
1. Who Can Use Our Services
1.1 Service Eligibility: You can only use our Services if you are employed by a County, State, or Municipal Coroner's office or Medical Examiner's office and working in your capacity as a County, State, or Municipal Coroner or Medical Examiner employee and you are legally capable of entering into a binding contract.
2. Account Information
2.1 Account Access: It is your responsibility to keep your log-in credentials secure and you are responsible for all activities that occur via your account. You may not share with or otherwise distribute your account information to any vendor or anyone not employed by your agency.
2.2 Nondisclosure: For purposes of this Agreement, "Confidential Information" shall include any information, material, data, or know-how, including trade secrets and proprietary information, that is not generally known to the public and that is disclosed, either graphically, written or orally, to be or appears to a reasonable person to be proprietary or confidential.
You may not provide any Confidential Information to any provider of similar services.
The Nondisclosure provisions of this Agreement shall survive the termination of this Agreement and your duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or confidential or until DATABUTION sends you written notice releasing you from this Agreement, whichever occurs first.
3. Use of Our Services
3.1 As used in these Terms, "DATABUTION Materials" means any materials or software provided by Ragefish for the DATABUTION website under these Terms.
3.2 Unless otherwise stated in a separate agreement, we are not responsible for (a) the loss, corruption, or damage to your content, data, or files ("Data"), (b) the deletion or accuracy of your Data, or (c) the security, privacy, or communications related to your Data.
3.3 Your annual subscription fee is based on the "maximum number of cases per year" that you selected on the New Account Form. Exceeding the "maximum number of cases per year" will incur a charge of $3.00 USD (three US dollars) for each additional case that exceeds the selected maximum number of cases per year.
3.4 We may include links to websites or services that we do not operate. We have no control over and are not responsible for the content appearing on these websites or services.
4. DATABUTION Materials
4.1 The Services and any trademarks, logo, sample code, software, and other content and assets ("DATABUTION Materials") that Ragefish provides to you as part of the Service are protected by intellectual property rights. Using our Services does not give you ownership of any such intellectual property rights. You are not permitted to use DATABUTION trademarks and logos related to the Services without our prior consent. Do not remove, obscure, or alter any text or proprietary notices contained in the DATABUTION Materials. You cannot use the DATABUTION Materials to construct any kind of database.
5. Your Warranty and Indemnification Obligations
5.1 You represent and warrant that your Data will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
5.2 You agree to indemnify and hold Ragefish and its members, subsidiaries, affiliates, officers, agents, employees, co-branders and other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your Data, your use of the Services or DATABUTION Materials, your violation of the Terms, or your violation of any rights of another.
6. Our Disclaimer of Warranties
6.1 Although we do what we can to provide security measures to protect your Data, we are not liable for any damages resulting from the disclosure or loss of your Data.
6.2 Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND DATABUTION MATERIALS ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.
7. Our Limitation of Liability
7.1 Limitation of Liability: IN NO EVENT SHALL Ragefish, OR OUR LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER.
7.2 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
8. Settling Disputes With Ragefish
8.1 Any dispute you have with Ragefish must be resolved by you in a court located in Hawkins County, Tennessee, unless otherwise agreed in writing. You agree to the jurisdiction of the courts located in Hawkins County, Tennessee.
9. Termination
9.1 You may stop using our Services at any time.
9.2 Any fees that you paid prior to termination are not refundable.
9.3 We may stop providing Services to you for non-payment.
10. Payments
10.1 Initial Payments: All initial payments are due on or before the tenth (10th) day of the account activation month. Payments not received on or before the tenth (10th) day of the account activation month may subject the account to termination as described in section 9.3.
10.2 Annual Payments: All payments are due on or before the tenth (10th) day of the account expiration month. Payments not received on or before the tenth (10th) day of the account expiration month may subject the account to termination as described in section 9.3.
11. About these Terms
11.1 Severability: If a court finds any section of the Terms or Additional Terms invalid or unenforceable, the rest of the Terms or Additional Terms still apply.
11.2 No Waiver: If we don’t enforce (or we delay enforcement) of the Terms or Additional Terms against you, we haven’t waived our enforcement rights.
11.3 Assignment or Transfer: You cannot assign or transfer your rights or obligations under this agreement to someone else without Ragefish written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.
11.4 Modification. We may modify these terms to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised terms.