TERMS OF USE AND PRIVACY POLICY

1. GENERAL

The CrimeWhere.com website is owned and operated by PredPol, Inc., a California corporation located at 2801 Mission Street Suite 2803, Santa Cruz, California, USA (“PredPol”). This Terms of Use (“TOU”) constitutes an agreement between you (user) and PredPol. You agree to be bound by these TOU and indicate such agreement by any access or use to this website. If you do not agree with any provisions of these TOU at any time, your sole remedy is to terminate your use. Through its CrimeWhere web property and any other associated properties, PredPol provides you with access to a variety of resources and content (collectively, “CrimeWhere Services”). With respect to your access and use of the CrimeWhere Services, PredPol provides its services to you subject to the following Terms of Use (“TOU”), which may be updated from time to time without notice to you and which updates become effective when posted. In addition, when using particular CrimeWhere Services, you and PredPol shall be subject to any posted guidelines, rules and/or disclaimers which may be posted at applicable CrimeWhere.com from time to time and are hereby incorporated by reference into these TOU. In the event that any of these TOU conflict with posted guidelines, rules and/or disclaimers, then these TOU shall control. CrimeWhere.com should not be relied upon for emergency services and is in no way designed to serve as an alternative to emergency services provided by the 911 emergency telephone service. If you have an emergency or important time-sensitive crime information, please communicate this information to the appropriate law enforcement agency within your jurisdiction through the 911 emergency telephone service. All data contained on this site has been gathered through legitimate means and with the knowledge and approval of the agencies listed. All data has been extracted, processed and presented through appropriate channels.

2. DISCLAIMER

CRIMEWHERE.COM IS A PUBLIC RESOURCE OF GENERAL INFORMATION. ALL DATA CONTAINED ON THIS SITE HAS BEEN GATHERED THROUGH LEGITIMATE MEANS AND WITH THE KNOWLEDGE AND APPROVAL OF THE AGENCIES LISTED. DO NOT RELY ON THIS WEBSITE OR CRIMEWHERE SERVICES FOR ANY EMERGENCY COMMUNICATION WHATSOEVER TO LAW ENFORCEMENT OR FIRST RESPONDERS. IF YOU HAVE AN EMERGENCY, DIAL 911. YOU ARE SOLELY RESPONSIBLE FOR PROCURING SUCH EMERGENCY SERVICES AND YOU EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY RELEASE PREDPOL FROM ANY CLAIMS RELATED TO YOUR FAILURE TO INDEPENDENTLY OBTAIN OR USE SUCH SERVICES. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

3. OWNERSHIP

The CrimeWhere Services (including software, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing on the CrimeWhere website, and the organization, compilation, look and feel of the CrimeWhere website), are the property of PredPol and/or its suppliers and business partners, including law enforcement agencies ("Partners") and are protected by U.S. and international copyright and other intellectual property laws. PredPol, PredPol.com, CrimeWhere and CrimeWhere.com are registered trademarks of PredPol. The names of actual companies and products listed on the CrimeWhere website may be the trademarks of their respective owners. PredPol (and/or its Partners) retains all rights with respect to the CrimeWhere Services except those expressly granted to Client. Client does not acquire ownership rights to the CrimeWhere Services. Client shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included. Except as expressly provided herein, nothing on the CrimeWhere Services shall be construed as conferring any license under PredPol’s (and/or its Partners') intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, PredPol may revoke any of the foregoing rights and/or Client’s access to the CrimeWhere Services, or any part thereof, at any time, in its sole discretion, without prior notice.

4. PERMITTED USE

Subject to these TOU, PredPol hereby grants you the non-exclusive, non-transferable right to access and use the CrimeWhere website solely for the following purposes: (i) if you are accessing the CrimeWhere site as an individual, then any and all use of the site is for your personal, non-commercial use only; or (ii) if you are accessing the CrimeWhere site on behalf of a business entity, then any and all use of the Site must be for such business entity’s internal business purposes.

5. PROHIBITED USE

As a condition of your use of the CrimeWhere Services, you will not use the CrimeWhere Services for any purpose that is unlawful or not expressly permitted hereunder. You agree, represent and warrant that you will not do any of the following Prohibited Uses: a. Access CrimeWhere Services that have not been made available to you through a standard Web browser or through software; b. Reverse-engineer, decompile, access, disassemble, or hack CrimeWhere Services not made readily available to you (without consideration as to how reasonable the means used are to keep such secure); c. Use CrimeWhere Services in such a manner as to adversely affect PredPol's commercial interests or the commercial interests of third party providers; d. Alter, obstruct, or remove any proprietary rights notices provided with CrimeWhere Services; e. Use CrimeWhere Services to send unsolicited or unauthorized email, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages whether commercial or otherwise; f. Intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak a user’s identity or contact information; g. Manually or systematically harvest information or data contained within CrimeWhere Services; h. Transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancel bots; i. Interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the CrimeWhere Services or violate the regulations, policies or procedures of such networks; j. Use any robot, spider, other automatic device or manual process to monitor or copy any PredPol website pages or CrimeWhere Services without PredPol’s prior express written permission; k. Use CrimeWhere Services for illegal, improper, or inappropriate purposes (including, but not limited to, defamation or harassment of others, distribution of obscene or indecent material, stalking, or distribution of content in violation of the proprietary rights of others); l. Sell, rent, lease, lend, time-share, assign, or transfer any right to use CrimeWhere Services to any third party without the prior express written permission of PredPol; m. Store the results derived from your use of CrimeWhere Services for the purpose of creating a value-added, web-enabled application that you intends to resell, license, or otherwise distribute to third parties without the prior express written permission of PredPol; n. Create derivative CrimeWhere Services or add value to CrimeWhere Services and thereafter resell or otherwise distribute CrimeWhere Services as your own Web Service(s) without the prior express written permission of PredPol; o. Use CrimeWhere Services and reformat and display CrimeWhere Services in an attempt to mirror and/or make commercial use of the PredPol Web site. Any of the above, whether merely attempted or successfully executed, are a material breach of these TOU.

6. LINKS TO THIRD PARTY PROVIDER(S) SITES

PredPol’s website may have links to websites operated by third party providers (“Linked Sites”). Linked Sites are not under PredPol's control, and PredPol is not responsible for content (regardless of how it is transmitted or received) or services provided by third party provider(s) websites. Any Linked Sites provided on PredPol’s website do not imply an endorsement, affiliation, or sponsorship of any kind, and do not represent warranties of the quality of services provided by such third party provider(s). By using the CrimeWhere Services to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claims against PredPol for any damages or losses whatsoever resulting from such use.

7. PRIVACY AND PERSONAL ACCOUNTS

CrimeWhere.com may require you to create and use a personal account to access and use CrimeWhere Services. You represent and warrant that all required information you submit is truthful, accurate, up-to-date and complete and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. PredPol believes your privacy is important and your email address and personal information will not be shared with any third parties. You can unsubscribe from our alerts at any time. Additional information can be found below in Attachment A – Privacy and Disclosure of Information.

8. LAW ENFORCEMENT AGENCY SUBMITTED CONTENT

Included in CrimeWhere Services may be information provided by a law enforcement agency. The original information provided by a law enforcement agency is exclusively owned by that agency (the compilation of data created through CrimeWhere Services remains the proprietary property of PredPol). Unless otherwise indicated by a law enforcement agency, all data will be retained by PredPol and remain accessible by the general public in accordance with the provisions of these TOU. However, the law enforcement agency shall have the right to cause PredPol to archive (remove from view) and purge (remove from database) some or all of its agency data at the agency’s request. Any law enforcement agency submitting information to PredPol represents and warrants that its disclosure of such information does not violate any applicable federal, state or local statute or regulation concerning such disclosure and further agrees to indemnify PredPol Analytics, Inc. regarding its disclosure of such information should such disclosure be claimed to violate and federal, state or local statute or regulation.

9. WARRANTY DISCLAIMER

THE CRIMEWHERE SERVICES (INCLUDING ITS WEBSITES AND ALL OTHER FEATURES ON THE CRIMEWHERE SERVICES) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEMS INTEGRATION OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN PREDPOL HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PREDPOL, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, PREDPOL DOES NOT MAKE ANY WARRANTIES THAT THE CRIMEWHERE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL DEVICES, OR THAT YOUR USE OF THE CRIMEWHERE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE CRIMEWHERE SERVICES ARE CORRECT, ACCURATE, OR RELIABLE. No warranty, representation, or guarantee whatsoever is made or implied regarding the content, timeliness, accuracy (including, without limitation, geographic accuracy), completeness, or sequence of any of the information contained in this Site. Neither you, nor any other person, should rely on the data provided herein for any reason. THE CONTENT PROVIDED ON THE CRIMEWHERE SERVICES IS FOR CONVENIENCE ONLY AND PREDPOL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER SUBMISSION, OPINION, STATEMENT, PRODUCT, ADVICE, RECOMMENDATION OR SERVICE MADE, PROMOTED, ADVERTISED OR OFFERED BY ANY PREDPOL USER, THIRD PARTY, OR OTHER ENTITY MADE AVAILABLE THROUGH THE CRIMEWHERE SERVICES OR ANY LINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PREDPOL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PREDPOL, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST DATA) THAT ARISE OUT OF OR ARE RELATED TO THESE TOU AND/OR YOUR USE OF THE CRIMEWHERE SERVICES. IN NO EVENT SHALL PREDPOL’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF PREDPOL’S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR LIABILITY RELATED TO OR ARISING OUT OF THESE TOU AND/OR THE CRIMEWHERE SERVICES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO PREDPOL FOR ACCESSING THE CRIMEWHERE SERVICES; OR (B) TEN U.S. DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11. INDEMNITY

You agree to indemnify and hold PredPol and its Partners, affiliates, officers, directors, agents, and employees harmless from any third party claims, suits, losses, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising from or related to (a) your breach of these TOU, (b) your user submissions, (c) your use of the CrimeWhere Services, or (d) your violation of any law or the rights of a third party.

12. IRREPARABLE HARM AND INJUNCTIVE RELIEF

The CrimeWhere Services and the information and content made available through such services is the result of significant investment by PredPol in collecting, geo-coding, formatting, organizing and presenting a wide range of information in the public interest for its users under the terms of these TOU. By using the CrimeWhere Services, you hereby acknowledge and recognize the uniqueness of the services provided by the CrimeWhere Services and PredPol’s substantial investments in such services as described herein, such that a violation of Section 3 or 4 of these TOU by you will result in irreparable harm to PredPol for which money damages or other legal remedies may not adequately compensate. Accordingly, in the event of a violation of these TOU (including any Rules), PredPol shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that PredPol will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.

13. ADDITIONAL REPRESENTATIONS AND WARRANTIES

You represent, warrant, and covenant that (a) you have the power and authority to enter into these TOU; (b) you are at least eighteen (18) years of age, or you are at least thirteen (13) years of age and your parent has agreed on your behalf to these TOU; and, (c) you will only use the PredPol web properties in accordance with these TOU.

14. DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT

PredPol respects the intellectual property of others. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe some content on the Site has been copied in such as way to constitute copyright infringement, please contact us at: PredPol Inc. Attn: DMCA Designated Agent 2801 Mission Street Santa Cruz, CA 95060
 USA Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the agency that uploaded the data. Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing.

15. MISCELLANEOUS

These TOU and the documents referred to herein represent the entire understanding and constitute the whole agreement in respect to their subject matter and supersede any previous agreement between the parties thereto. These TOU shall be governed in all respects by the laws of the State of California, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of Santa Cruz, USA, and further agree that any cause of action arising under or relating to these TOU or your use of any CrimeWhere Services shall be brought exclusively in such venue. Notwithstanding the foregoing, PredPol may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under these TOU. In the event of any dispute between you and PredPol arising under or relating to these TOU or your use of any CrimeWhere Services, in which PredPol is the prevailing party, you agree that you will pay PredPol’s reasonable attorneys' fees in connection with PredPol’s commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against PredPol. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. PredPol’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

ATTACHMENT A – PRIVACY AND DISCLOSURE OF INFORMATION

Your privacy is important to us. PredPol is providing this notice to describe and explain our online information practices and the choices you can make about the way your information is collected and used.

A. THE INFORMATION WE COLLECT AND HOW WE COLLECT IT.

In general, you can visit this Site without telling us who you are or revealing any personal information about yourself. There are times, however, when we may need information from you. Personal information such as your name, e-mail address or phone number is obtained only when voluntarily submitted. PredPol may collect this information in several ways: Through the user signing up to receive crime alerts or crime information. Through registration, surveys and other online forms. As part of an ongoing sales or installation process. While providing technical support, consultation, or product information. Through the process of maintaining and upgrading our products. Through automated means such as communications protocols, e-mail, communications and cookies. To provide you with timely, high-quality information, we may also ask you to provide us with information regarding your professional interests and experiences with our products or services. Providing us with this information is optional. Personal data collected online may also be combined with information you provide to us through other sources such as product registration, call centers, or in conjunction with events such as trade shows, training seminars and conferences. Information that you supply will relate to the relationship that PredPol has with you or your organization.

B. WEB SERVER LOGS.

In the process of administering this Site, we maintain and track usage through Web server logs. Web server logs provide information such as what types of browsers are accessing our Site, what pages receive high traffic, and the times of day our servers experience significant load. We use this information to improve the content and navigation features of our Site. Anonymized or aggregated forms of this data may be used to identify future features and functions to develop for the Site and to provide better customer service.

C.COOKIES.

There are various technologies, including one called “cookies” which can be used to provide tailored information from a website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. Some PredPol pages use cookies or other technologies so that we can better serve you when you return to our Site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. For more information, please refer to user information provided with your Web browser.

D. WEB BEACONS.

Some of our Web pages and HTML-formatted e-mail use Web beacons in conjunction with cookies to compile aggregate statistics about website usage. A Web beacon is an electronic image, called a single-pixel (1×1) or clear GIF. Web beacons can recognize certain types of information on a visitor’s computer, such as a visitor’s cookie number, time and date of a page view and a description of the page where the Web beacon is placed. You may render some Web beacons unusable by rejecting their associated cookies. E. HOW WE USE YOUR INFORMATION. PredPol may use your personal information as provided on an opt-in basis to: Fulfill subscription requests, orders for software and services made online and to provide other information you request. Notify you about important news concerning PredPol. Notify you of new products and services, product updates, technical support issues, events and special offers we think you may be interested in. We do analyze some of our Web services such as registrations, demos, downloads, and e-mail responses at the individual level in order to improve the quality of those offerings and to better tailor our marketing to our customers’ needs.

F. HOW WE SHARE YOUR INFORMATION. 

We will not share the personal data you provide with any other third parties. We will not sell, rent or lease to others your personally identifiable information. PredPol reserves the right to disclose any and all pertinent information to law enforcement or other governmental officials as we, in our sole discretion, believe necessary or appropriate.

G. CHOICE / OPT-OUT. 

PredPol offers you the choice of receiving different types of communication and information related to our company, products and services. You may subscribe to e-newsletters or other publications. You may also elect to receive marketing communications and other special offers from us via e-mail. If at any time you would like to change your communication preferences, we provide unsubscribe links and an opt-out mechanism for your convenience.

H. OUR COMMITMENT TO DATA SECURITY.

PredPol is concerned about the security of your information. To prevent unauthorized access or disclosure we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We use encryption technology when collecting or transferring sensitive data such as credit card information. Credit card numbers are used only for processing payment and are not used for other purposes.

I. CHANGES TO THIS PRIVACY POLICY. 

If there are updates to the terms of PredPol’s online Privacy Policy, we will post those changes here and update the revision date in this document so that you will always know what information we collect online, how we use it, and what choices you have. Your continued use of the Site following the posting of changes to this Privacy Policy means you accept those changes.