These Terms of Service ("Terms" or "Agreement") are between Offender Locator Inc., which operates offenderapps.com and the Offender Locator service ("offenderapps.com," "we," "us," or "our"), and you, an individual user ("you," "your," "yours"), and govern your use of the mobile software applications, websites, or extensions owned or operated by Offender Locator Inc. that have been made available for download (each an "App" and together the "Apps"), and any related websites or other services we own and operate that link to these Terms (collectively, with the Apps, the "Service").
These Terms constitute a legally binding contract between you and Offender Locator Inc.
By tapping or clicking on one of the "Account Creation Options" (Facebook, Phone Number, Email) or similar, registering, accessing or using the Apps or the Service, you are agreeing to enter into a legally binding contract with offenderapps.com (even if you are using our Apps or Service on behalf of a company). The Agreement includes these Terms.
In order to provide the Service and the Terms, it is necessary for offenderapps.com to process information about you and other users. Processing of this information is crucial to the Service which we provide. Our Privacy Policy, explains how we collect, use, share, and store your personal information. If you do not agree to this Agreement or to the use of your personal information in accordance with our Privacy Policy, do not access or otherwise use any portion of the Service.
Read these Terms carefully. The Terms govern your use of the Service and include legal provisions that limit our liability, including an arbitration clause that requires individual arbitration for certain potential legal disputes, where permitted by law. By installing a offenderapps.com product or application or using any portions of the Service, you agree that you have read, understood, and agree to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE SERVICE.
As detailed in the Sections below (and without limiting the express language of these Terms), you:
Our Service is intended for general audiences - No one under 13 is allowed to use the Service.
TO USE THE SERVICE, YOU MUST BE AT LEAST 13 YEARS OF AGE OR SUCH OLDER AGE AS PRESCRIBED BY THE LAW OF THE PLACE WHERE YOU LIVE. YOU MUST NOT USE THE SERVICE OR ACCESS IT IN ANY WAY IF YOU ARE UNDER 13 YEARS OF AGE, OR UNDER ANY HIGHER AGE OF CONSENT PRESCRIBED BY YOUR LOCAL LAW.
By accessing or using the Apps or the Service, you represent and warrant that (1) you are at least 13 years old if you reside in the United States, are at least 16 years old if you reside in the European Economic Area, or are such older age as prescribed by the law of the place where you live; (2) that you have a parent or legal guardian’s consent to this Agreement or are eligible to form a binding contract with offenderapps.com; (3) you will comply with these Terms; (4) your use of the Service does not violate applicable law; and (5) you have not been previously suspended or removed from the Service by offenderapps.com.
We may change these Terms from time to time.
You may read the current, effective version of these Terms at any time at this location, or by clicking the Terms link on the offenderapps.com website.
Any revised Terms will become effective at the time of posting.
BY CONTINUING TO USE THE SERVICE AFTER THE CHANGES BECOME EFFECTIVE, YOU AGREE TO THE REVISED TERMS.
We are continually evolving our Service. We therefore expressly reserve the right to change, add to, suspend, discontinue, or retire any aspect of the Service at any time without prior notice. If we update the Service and you object to such change for any reason, your sole remedy is to stop using the Service.
Your privacy is important to us. Please read our Privacy Policy to learn how we may collect and use your information. By using our Service, you acknowledge that offenderapps.com can collect, use, and share your information in accordance with our Privacy Policy.
offenderapps.com provides you with access to the Service free of charge, but to access full benefits of the service and certain features or functionality, you must purchase subscription-based access to the Service.
In return for enjoying free or subscription-based access to the Service, you acknowledge and agree that offenderapps.com may generate revenues, increase goodwill, or otherwise increase the value of offenderapps.com from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever.
If you purchase one or more subscriptions or sign up for one or more trial subscriptions to the Service, then the following terms apply:
a. Auto-Renewal. YOU AGREE THAT, ONCE YOUR SUBSCRIPTION PERIOD EXPIRES, YOUR SUBSCRIPTION(S) WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS EQUAL IN LENGTH TO THE IMMEDIATELY PRECEDING SUBSCRIPTION PERIOD UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION(S).
b. Recurring Charges. YOU AUTHORIZE offenderapps.com’ APPLICABLE SERVICE PROVIDER TO PROCESS YOUR PAYMENTS FOR ANY RENEWAL SUBSCRIPTION(S). YOU WILL BE BILLED FOR THE SAME SUBSCRIPTION PLAN(S) (OR THE MOST SIMILAR SUBSCRIPTION PLAN(S), IF YOUR PRIOR PLAN(S) ARE NO LONGER AVAILABLE) AT THE THEN-CURRENT SUBSCRIPTION PRICE PLUS ANY APPLICABLE TAXES. YOUR PAYMENTS WILL BE PROCESSED FOR ANY RENEWAL SUBSCRIPTION(S) USING THE SAME BILLING CYCLE AS YOUR CURRENT SUBSCRIPTION(S). IN OTHER WORDS, ON WHICHEVER DAY YOUR PAYMENT IS PROCESSED FOR YOUR CURRENT SUBSCRIPTION(S), YOUR PAYMENT WILL CONTINUE TO BE PROCESSED ON THAT DAY FOR ANY RENEWAL SUBSCRIPTION(S). ADDITIONAL TERMS AND CONDITIONS MAY APPLY UPON RENEWAL. WE RESERVE THE RIGHT TO MODIFY SUBSCRIPTION PLANS, PRICES, FEES, BILLING PERIODS, TRIAL OR PROMOTIONAL TERMS, FEATURES, AND OTHER BILLING TERMS FROM TIME TO TIME, INCLUDING DUE TO CHANGES IN OPERATING COSTS, PRODUCT FEATURES, MARKET CONDITIONS, OR OTHER LEGITIMATE BUSINESS REASONS. ANY SUCH CHANGES WILL BE SUBJECT TO APPLICABLE LAW AND ANY APPLICABLE NOTICE, CONSENT, PLATFORM, OR PAYMENT PROVIDER REQUIREMENTS.
c. Cancellation and Refunds. YOU MAY CANCEL YOUR SUBSCRIPTION(S) AT ANY TIME THROUGH THE PLATFORM, BILLING PROVIDER, OR OTHER CANCELLATION METHOD MADE AVAILABLE FOR YOUR SUBSCRIPTION. CANCELLATION PROCEDURES MAY VARY DEPENDING ON HOW YOUR SUBSCRIPTION WAS PURCHASED. EXCEPT AS REQUIRED BY APPLICABLE LAW OR THE POLICIES OF THE APPLICABLE PLATFORM OR PAYMENT PROVIDER, PAYMENTS ARE NON-REFUNDABLE. FOLLOWING CANCELLATION, YOU MAY CONTINUE TO USE THE SUBSCRIPTION SERVICE UNTIL THE END OF THE SUBSCRIPTION PERIOD FOR WHICH YOU HAVE PAID.
d. Trials and Promotional Offers. offenderapps.com may from time to time offer free or paid trials, introductory pricing, promotional offers, or other special subscription terms. The duration, price, billing terms, eligibility requirements, any applicable cancellation or early termination fees, cancellation terms, and other material conditions applicable to any such offer will be disclosed at the time the offer is presented. Unless otherwise disclosed, a trial or promotional subscription will automatically convert to the applicable paid subscription at the end of the trial or promotional period unless canceled before that time.
offenderapps.com IS LOCATED IN THE UNITED STATES AND AS SUCH IS NOT SUBJECT TO DIRECTIVE 2011/83/EU. NOTWITHSTANDING THE FOREGOING, IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA, YOU ACKNOWLEDGE THAT THE SERVICE ENTAILS THE SUPPLY OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM. BY PURCHASING A SUBSCRIPTION YOU CONSENT TO offenderapps.com IMMEDIATELY STARTING THE PERFORMANCE OF THE SERVICE BY GRANTING YOU ACCESS TO YOUR ACCOUNT. YOU ACKNOWLEDGE THAT AS A RESULT YOU DO NOT ENJOY ANY RIGHT OF WITHDRAWAL UNDER DIRECTIVE 2011/83/EU.
a. Registration. While you may be able to browse any public-facing portions of the Service without registering with offenderapps.com, to enjoy the full benefits of the Service, you must download the Apps and register an account with offenderapps.com ("Account").
b. Account Security. You are fully responsible for all activities that occur through your Account, so you should keep it secure. You agree to notify offenderapps.com immediately at [email protected] if you suspect or know of any unauthorized use of your Account or any other breach of security with respect to your Account. offenderapps.com will not be liable for any loss or damage arising from unauthorized use of your Account.
c. Accuracy of Information. When creating an Account, provide true, accurate, current, and complete information as offenderapps.com requests. Update such information promptly, and as necessary to keep it current and accurate. You represent to offenderapps.com that the information provided upon the creation of your Account is accurate and that any email address you provide is an email address controlled by you. offenderapps.com reserves the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by offenderapps.com in its sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in offenderapps.com’ sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Service, infringe or violate any third-party rights, damage offenderapps.com’ reputation, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then offenderapps.com may terminate your Account immediately without notice to you and without any liability to you or any third party.
a. License. Subject to your complete and ongoing compliance with these Terms, offenderapps.com grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to use the Service. Pursuant to this license, you may: (i) download, access, and use an object code version of the Apps on any device that you own or control; and (ii) access and use the Service, solely for your personal, non-commercial use.
b. offenderapps.com Content. Except for User Content (as defined below), the content that offenderapps.com provides to Users on or through the Service, including, without limitation, text, graphics, photographs, images, videos, maps, data, information, software, designs, and interactive features, is protected by copyright or other intellectual property rights and owned by offenderapps.com or its third-party licensors (collectively, “offenderapps.com Content”). offenderapps.com Content is exclusively for use as part of the offenderapps.com Service and may not be exported outside of the offenderapps.com Service, except as explicitly permitted in writing by offenderapps.com. Any attempt to circumvent this provision is a violation of these Terms. offenderapps.com also solely owns all design rights, databases and compilations, and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
c. offenderapps.com Marks. The offenderapps.com trademarks, service marks, and logos (collectively, the " offenderapps.com Trademarks") used and displayed on the Service are offenderapps.com’ registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the Service may be trademarks or service marks owned by third parties (collectively with the offenderapps.com Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage offenderapps.com or the applicable third party, or in any manner that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without offenderapps.com’ prior express written consent. All goodwill generated from the use of any offenderapps.com Trademark will inure solely to offenderapps.com’ benefit.
d. Reservation of Rights. offenderapps.com hereby reserves all rights not expressly granted to you in this Section 8. Nothing in these Terms or on the Service will be construed as granting to you additional license rights in and to the Service or any offenderapps.com Content or Trademarks.
a. User Content. “User Content” means any content that you or other Users create, upload, post, submit, transmit, or otherwise make available through the Service, or create using or incorporating the Service or offenderapps.com Content, including, without limitation, photographs, images, videos, text, social media posts, comments, or other materials. For clarity, User Content does not include, and you do not acquire ownership of, any offenderapps.com Content incorporated into, used in, or otherwise associated with User Content.
b. Ownership. SUBJECT TO ANY THIRD-PARTY RIGHTS IN ANY PREEXISTING CONTENT THAT IS A PART OF YOUR USER CONTENT AND SUBJECT TO THE LICENSE YOU GRANT TO offenderapps.com, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT. YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN offenderapps.com CONTENT BY INCORPORATING OR USING offenderapps.com CONTENT IN YOUR USER CONTENT.
c. License to offenderapps.com. You hereby grant offenderapps.com an unrestricted, assignable, sublicensable, royalty-free, worldwide license to use, reproduce, distribute, publicly display, publicly perform, make available, modify, create derivative works from, and otherwise exploit (“Use”) your User Content for purposes including operating, providing, improving, advertising, marketing, and promoting offenderapps.com and the Service. You further grant offenderapps.com a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of your User Content. Any User Content submitted or otherwise transmitted to offenderapps.com will be considered non-confidential and non-proprietary and may be Used by offenderapps.com in accordance with these Terms without notice to you or liability to offenderapps.com. To the greatest extent permitted by applicable law and subject to our Privacy Policy, the license granted in this Section is irrevocable. This license permits offenderapps.com to Use your User Content without any obligation to pay royalties, fees, compensation, or other amounts to you or any third party.
d. Enforcement Rights. As part of the license you grant to offenderapps.com, you authorize offenderapps.com, but do not obligate offenderapps.com, to enforce the rights granted under these Terms against third parties that copy, reproduce, distribute, display, modify, or otherwise use or exploit your User Content without authorization.
e. You Must Have Rights to User Content. By creating, Posting, submitting, or otherwise using User Content, you represent and warrant that you own or are fully authorized to grant the rights and licenses set forth in these Terms with respect to all elements of the User Content. You further represent and warrant that: (i) the creation, Posting, submission, Use, or other exploitation of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or other rights of any party; (ii) the Use of your User Content as permitted by these Terms will not require offenderapps.com to obtain any additional licenses, pay any royalties, fees, compensation, or other amounts, or provide attribution to any third party; and (iii) your User Content does not result in a breach of any agreement between you and a third party. You are responsible for any amounts owed to any person as a result of User Content you create, Post, submit, or otherwise use.
f. Waiver of Rights to User Content. To the fullest extent permitted by applicable law, you waive any rights to prior inspection or approval of advertising, marketing, or promotional materials that Use your User Content and waive, and agree not to assert, any moral rights or similar rights you may have in User Content in connection with the rights granted to offenderapps.com under these Terms.
g. Objectionable Content. You agree not to Post, submit, create using the Service, or otherwise use the Service in connection with any User Content that offenderapps.com, in its sole discretion, determines to be: (i) abusive, bullying, defamatory, harassing, harmful, hateful, infringing, libelous, obscene, offensive, pornographic, threatening, unlawful, violent, or vulgar; (ii) in violation of any applicable law; (iii) likely to put another person’s privacy, data, or security at risk; (iv) discriminatory or promoting bigotry, hatred, intolerance, or racism; or (v) inciting violence (collectively, “Objectionable Content”). offenderapps.com may, in its sole discretion, take any action it deems necessary or appropriate in connection with Objectionable Content or a User’s misuse of the Service, including warning the User, suspending or terminating the User’s Account, removing User Content from the Service, and/or reporting conduct to law enforcement authorities where appropriate.
h. Screening and Removal of Content. offenderapps.com does not pre-screen User Content. With respect to User Content Posted, submitted, or otherwise made available to or through the Service, offenderapps.com reserves the right, but has no obligation, to remove, delete, or disable access to User Content in its sole discretion, including User Content that: (i) offenderapps.com considers to violate these Terms or applicable law; (ii) offenderapps.com considers to be Objectionable Content; or (iii) is the subject of a complaint from another User, rights holder, or other third party. offenderapps.com may take such action with or without notice and without liability to you to the fullest extent permitted by applicable law.
i. No Liability for User Content. User Content is the responsibility of the person or entity that creates, Posts, submits, or otherwise makes it available. To the fullest extent permitted by applicable law, offenderapps.com is not responsible or liable for User Content or for any use or misuse of User Content by any User or third party.
j. Feedback. If you provide offenderapps.com with input, ideas, comments, suggestions, or other feedback regarding the Service or proposed modifications, enhancements, features, or improvements (“Feedback”), you grant offenderapps.com a perpetual, irrevocable, unrestricted, assignable, sublicensable, worldwide, fully paid, and royalty-free right to use and exploit the Feedback for any purpose without restriction, credit, attribution, compensation, or other obligation to you.
k. External Sites. The Service may contain links to, integrate with, or permit interaction with third-party websites, applications, platforms, social networks, or other services (“External Sites”). offenderapps.com does not control or endorse External Sites and is not responsible for their availability, content, products, services, practices, terms, or privacy policies. Your access to and use of External Sites is at your own risk and may be subject to separate terms, conditions, and privacy policies established by the applicable third party.
l. User Content on External Sites. User Content may be created for, Posted to, shared through, or otherwise made available on External Sites, including social media platforms. Your use of any External Site and any User Content you make available through an External Site is subject to the terms and policies of that External Site. Nothing in the terms or policies of an External Site transfers ownership of offenderapps.com Content or limits offenderapps.com’s rights in its Content or the rights granted to offenderapps.com under these Terms.
m. Responsibility for External Sites. If you access an External Site, purchase content or services from an External Site, subscribe to services offered by an External Site, or Post or share User Content on an External Site, you do so at your own risk. To the fullest extent permitted by applicable law, offenderapps.com will have no liability arising from your use of or interaction with any External Site.
You have consented to receiving electronic communications from offenderapps.com, including emails, push notifications, and text messages. We provide more information about how we use your information in our Privacy Policy.
If you registered for any offenderapps.com Service using your telephone number or have updated your account information to provide your telephone number to us, you acknowledge and agree that we may send you notifications via text (SMS) messages at the telephone number associated with your account, until you notify us that you no longer wish to receive these messages. You acknowledge that you are not required to consent to receive promotional text messages as a condition of using the Service.
You may control whether you receive promotional email communications by following the unsubscribe options on such promotional emails and you may control whether you receive promotional text messages from offenderapps.com by replying STOP to any text message you receive. Please read our Privacy Policy to learn more about your choices regarding offenderapps.com use of your information.
THE FREQUENCY OF ELECTRONIC COMMUNICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE) WILL VARY BASED ON THE KINDS OF NOTIFICATIONS YOU SIGN UP TO RECEIVE AND YOUR USE OF THE SERVICE. STANDARD TEXT MESSAGING RATES APPLY (INCLUDING WHERE APPLICABLE ROAMING CHARGES), SO PLEASE CONTACT YOUR MOBILE PHONE CARRIER FOR DETAILS AND FEES. YOU WILL BE RESPONSIBLE FOR ALL TEXT MESSAGING AND DATA PLAN FEES CHARGED BY YOUR MOBILE PHONE SERVICE.
a. Term. This Agreement, which commences upon your use of the Service, will continue to apply to you until terminated by either you or offenderapps.com.
b. Termination.
c. Survival. Sections 2-4, 6, 8-9, 11-12, 14-25, and all defined terms used therein, shall survive any termination of these Terms indefinitely.
a. Respect of Third-Party Rights. offenderapps.com respects the intellectual property of others and takes the protection of intellectual property very seriously. We ask you to do the same. Infringing activity will not be tolerated on or through the Service.
b. Repeat Infringer Policy. We will (i) remove or disable access to material made available on or through the Service that offenderapps.com believes in good faith, upon notice from an intellectual property owner or his or her agent, to be infringing the intellectual property of a third party; and (ii) remove any User Content uploaded to the Service by "repeat infringers." offenderapps.com considers a "repeat infringer" to be any User that has Posted User Content and for whom offenderapps.com has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. offenderapps.com has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon offenderapps.com’s own determination.
c. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing substantially the following information to offenderapps.com’s Designated Agent identified below:
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
We may share the Notification of Claimed Infringement with the User alleged to have infringed a right you own or control, and you hereby consent to offenderapps.com making such disclosure.
d. Designated Agent Contact Information. offenderapps.com’ Designated Agent can be contacted at:
via E-mail: [email protected]
e. Counter Notification. If you receive a notification from offenderapps.com that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide offenderapps.com with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to offenderapps.com’s Designated Agent through one of the methods identified in Section 12.d., and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
f. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to offenderapps.com in response to a Notification of Claimed Infringement, then offenderapps.com will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that offenderapps.com will replace the removed User Content or cease disabling access to it in 10 business days, and offenderapps.com will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless offenderapps.com’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on offenderapps.com’s system or network.
g. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [offenderapps.com] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
offenderapps.com reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, "Mobile Services"). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.
You are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may apply to your use of the Mobile Services, and how much your use of the Mobile Services will cost you.
NEITHER offenderapps.com NOR ITS AFFILIATES (COLLECTIVELY, " offenderapps.com ") MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. offenderapps.com WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
offenderapps.com DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO offenderapps.com PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, TO THE GREATEST EXTENT PERMITTED BY LAW offenderapps.com DISCLAIMS ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW:
offenderapps.com, OUR LICENSORS, OUR LICENSEES, AND OUR SERVICE PROVIDERS (COLLECTIVELY, " offenderapps.com PARTIES") SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXTRAORDINARY, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
offenderapps.com’ LIABILITY, AND THE LIABILITY OF ANY OTHER offenderapps.com PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF U.S. $100 OR THE TOTAL AMOUNT YOU HAVE PAID offenderapps.com FOR SUBSCRIPTION-BASED ACCESS TO THE SERVICE AS OF THE DATE OF THE APPLICABLE CLAIM.
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE offenderapps.com PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
This Agreement is governed by the substantive laws of the State of Wyoming without regard to its laws that would direct the choice of any other state’s laws.
If you are a consumer who lives in the EU, this Section 16 is without prejudice to any rights you may have under mandatory law which cannot be varied by contractual choice of law.
This Section does not apply if you reside in the European Economic Area or in another jurisdiction which prohibits mandatory arbitration clauses in consumer contracts.
a. In the interest of resolving disputes between you and offenderapps.com in the most expedient and cost effective manner, you and offenderapps.com agree that any dispute arising out of or in any way related to this Agreement or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND offenderapps.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
b. Exceptions. Notwithstanding Section 17.a above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and offenderapps.com will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting offenderapps.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). offenderapps.com’: offenderapps.com, ATTN: General Counsel. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or offenderapps.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or offenderapps.com must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award, offenderapps.com will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; or (2) the last written settlement amount offered by offenderapps.com in settlement of the dispute prior to the arbitrator's award.
e. Fees. If you commence arbitration in accordance with these Terms, offenderapps.com will pay half of your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Cody, Wyoming, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse offenderapps.com for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f. Waiver of Class Actions. YOU AND offenderapps.com 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. Further, unless both you and offenderapps.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. Waiver of Jury Trial. YOU AND offenderapps.com AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. You and offenderapps.com are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and offenderapps.com over whether to vacate or enforce an arbitration award, YOU AND offenderapps.com WAIVE ALL RIGHTS TO A JURY TRIAL.
h. Modifications to this Arbitration Provision. Except as otherwise provided in this Agreement, if offenderapps.com makes any future change to this arbitration provision, other than a change to offenderapps.com’ address for Notice, you may reject the change by sending offenderapps.com written notice within 30 days of the change to offenderapps.com’ address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and offenderapps.com.
i. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor offenderapps.com can force the other to arbitrate. To opt out, you must notify offenderapps.com in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your offenderapps.com username (if applicable) and the email address you used to set up your offenderapps.com account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to the Notice address stated above or email the opt-out notice to [email protected].
j. Enforceability. If Section 17.f above is found to be unenforceable, then the entirety of this Section 17 will be null and void. If this Arbitration Provision is invalidated in whole or in part, Section 18 shall govern any claim in court arising out of or relating to these Terms or your use of the Service.
To the extent a claim, dispute, or controversy arises out of or in connection with these Terms or your use of the Service that is not subject to mandatory arbitration under Section 17, both you and offenderapps.com agree that all such claims and disputes will be litigated exclusively in the United States District Court Wyoming. If that court would lack original jurisdiction over the litigation, then such claims and disputes will be litigated exclusively in the Superior Court of Wyoming, location to be specified by offenderapps.com. You and offenderapps.com consent to the personal jurisdiction of both courts.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM AGAINST offenderapps.com MUST BE COMMENCED BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 17 (OR BY FILING AN ACTION UNDER SECTION 18 TO THE EXTENT SECTION 17 DOES NOT APPLY) WITHIN ONE YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM. YOU AGREE THAT THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold offenderapps.com harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement; (b) your access to, use, or misuse of offenderapps.com Content or the Service; or (c) your User Content.
offenderapps.com will provide notice to you of any such claim, suit, or proceeding. offenderapps.com reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if offenderapps.com believes that you are unwilling or incapable of defending offenderapps.com’ interests. In such case, you agree to cooperate with any reasonable requests assisting offenderapps.com’ defense of such matter at your expense.
From time to time, offenderapps.com may require you to agree to additional terms and/or policies that it makes available to you in connection with your use of the Service or in connection with a special promotion ("Additional Terms"). Except as expressly stated otherwise, such Additional Terms are hereby incorporated into and subject to this Agreement. This Agreement will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
We control and operate the Service from offenderapps.com’ offices in the State of Wyoming. offenderapps.com makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
If you are using the Apps on an iOS-based device, you acknowledge that this Agreement is between you and offenderapps.com only, not with Apple, and Apple is not responsible for the Apps or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apps. Apple is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Apps. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.
You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
a. If offenderapps.com provides a translation of the English language version of this Agreement, then the translation is provided solely for convenience, and the English version will prevail.
b. You agree that no joint venture, partnership, employment, or agency relationship exists between you and offenderapps.com as a result of this Agreement or your use of the Service.
c. Failure of offenderapps.com to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement.
d. No waiver will be effective against offenderapps.com unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
e. Except as expressly agreed by offenderapps.com and you, these Terms constitute the entire agreement between you and offenderapps.com with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
f. The Section headings herein are provided merely for convenience and will not be given any legal import.
g. This Agreement will inure to the benefit of offenderapps.com’ successors and assigns.
h. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of offenderapps.com. offenderapps.com may assign this Agreement, including all its rights hereunder, without restriction.
If you would like to contact Offender Locator Inc. in connection with your use of the Service, you may reach out by email at [email protected].