By accessing or using the EMSGrades platform at emsgrades.com (the "Platform"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, Community Guidelines, and Review Dispute Policy, all of which are incorporated herein by reference. If you do not agree to these Terms, do not use the Platform.
These Terms constitute a legally binding agreement between you and EMSGrades LLC, a Georgia limited liability company ("EMSGrades," "we," "us," or "our").
EMSGrades is a public transparency platform that publishes ratings, reviews, and licensure information about emergency medical services (EMS) agencies, providers, educational programs, and related entities operating in Georgia.
Important limitations you must understand before using this Platform:
You must be at least 18 years of age to create an account or submit a review. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account.
You may not create more than one account per person. Creating multiple accounts to circumvent a suspension or to artificially inflate or suppress ratings is prohibited and will result in permanent termination of all associated accounts.
By submitting a review, rating, or any other content to the Platform ("User Content"), you grant EMSGrades a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, distribute, and display your User Content in connection with operating and promoting the Platform.
By submitting User Content, you represent and warrant that:
EMSGrades is an interactive computer service provider within the meaning of Section 230 of the Communications Decency Act, 47 U.S.C. § 230. EMSGrades is not the publisher or speaker of User Content submitted by third parties and is not liable for such content. EMSGrades reserves the right, but not the obligation, to remove User Content that violates these Terms or our Community Guidelines.
You agree not to:
EMS agencies may purchase subscription tiers (Bronze, Silver, Gold, Diamond, or Enterprise) to access additional Platform features. By purchasing a subscription, you agree to the following:
The EMSGrades name, logo, platform design, software, methodology, and all content created by EMSGrades (excluding User Content and public government data) are the exclusive property of EMSGrades LLC and are protected by copyright, trademark, and other applicable intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from any EMSGrades-owned content without express written permission. Nothing in these Terms grants you any license to EMSGrades intellectual property except the limited right to access and use the Platform as described herein.
Licensure and credential data published on the Platform is sourced from the Georgia Office of EMS and Trauma public registry (GEMSIS). This data is government-published and publicly available. EMSGrades makes no warranty regarding the accuracy, completeness, or currency of this data. Licensure status should be independently verified through official government sources for any critical purpose.
EMSGrades is not responsible for the content of any third-party websites linked from the Platform.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EMSGRADES DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMSGRADES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF EMSGRADES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EMSGRADES LLC'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO EMSGRADES IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless EMSGrades LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.
Arbitration fees: EMSGrades will pay all arbitration filing fees and administration costs. Each party is responsible for its own attorneys' fees unless the arbitrator determines that a claim was brought in bad faith or is frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.
Class action waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and EMSGrades individually. You waive any right to participate in a class action lawsuit or class-wide arbitration. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and any disputes shall proceed in a court of competent jurisdiction under Section 13.
Opt-out right: You may opt out of this arbitration provision by sending written notice to legal@emsgrades.com within 30 days of first accepting these Terms. Your notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration clause. If you opt out, all disputes will be resolved in accordance with Section 13.
This arbitration provision shall not apply to disputes that qualify for small claims court in your jurisdiction.
EMSGrades reserves the right to suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, including for violations of these Terms or our Community Guidelines.
You may terminate your account at any time by contacting [email protected]. Upon termination, your right to use the Platform immediately ceases. Sections of these Terms that by their nature should survive termination shall so survive, including Sections 4, 7, 9, 10, and 11.
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of law provisions. To the extent any claim arises under federal law, including but not limited to the Communications Decency Act (47 U.S.C. § 230) or the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), such claim shall be governed by applicable federal law. Any legal action not subject to arbitration under Section 11 shall be brought exclusively in the state or federal courts located in Georgia.
EMSGrades respects the intellectual property rights of others. If you believe that content on the Platform infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, to our designated agent at the address below.
Your DMCA notice must include:
Designated DMCA Agent:
EMSGrades LLC
Attn: DMCA Agent
8735 Dunwoody Place, Suite 5999
Atlanta, GA 30350
legal@emsgrades.com
Counter-notification: If you believe your content was removed in error, you may submit a counter-notification to our DMCA Agent that includes: (a) your physical or electronic signature; (b) identification of the material that was removed; (c) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, telephone number, and a statement consenting to jurisdiction in the federal courts of Georgia. Upon receipt of a valid counter-notification, we will forward it to the original complainant and restore the material within 10 to 14 business days unless the complainant files a court action.
EMSGrades may terminate the accounts of users who are repeat infringers.
EMSGrades will cooperate with lawful requests from government agencies and regulatory bodies. We will provide user data only in response to valid legal process, including subpoenas, court orders, or equivalent legal instruments. We will not voluntarily provide individual user account data in response to informal government inquiries without valid legal process, except where we believe in good faith that disclosure is necessary to prevent imminent harm to any person.
We reserve the right to modify these Terms at any time. When we make material changes, we will update the effective date and, where appropriate, notify registered users by email. Your continued use of the Platform after any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.
If you have any questions, concerns, or requests relating to this document, please contact us at:
[email protected]
EMSGrades LLC
8735 Dunwoody Place, Suite 5999
Atlanta, GA 30350