TERMS OF SERVICE AND USE
Effective Date: 11/15/2016
Who are the parties to this Agreement?
What kind of software and services do we provide?
The Software is ….
Can we modify this Terms of Service and Use?
The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting an amended Terms of Service and Use that is always accessible through the Terms of Service and Use link on this Site’s home page. YOUR CONTINUED USE OF THE SOFTWARE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OF NEW TERMS OF SERVICE AND USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OF NEW TERMS OF SERVICE AND USE.
How can you use this software and what are the restrictions on use?
Your use of the Software is subject to the following restrictions:
- You shall not use this Software if you are younger than 18 years of age.
- You shall not disassemble, decompile, or reverse engineer the Software (except to the extent that such restriction is expressly forbidden by law).
- You shall not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, assign, or otherwise exploit the Software except as expressly permitted by the Company.
- You shall not remove any copyright, trademark, or any other proprietary notices from any portion of the Software.
- You shall not mine the content or perform any other data gathering or extraction.
- You shall not attempt to exploit any possible vulnerability in the Software by probing, scanning, or any other means.
- You shall not attempt to inject a virus, worm, or other malware into the Software not shall you overload, “flood,” “spam,” “crash,” or otherwise attempt to interfere with the Company’s Software to other users.
- You shall not use the information from the Software to defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate others.
- You shall not use the Software for any illegal or unauthorized purpose. You agree to comply with all rules, laws, and regulations applicable to your use of the Software.
This list of restrictions is not an exhaustive list. At any time, with or without notice and with or without cause, for any reason or no reason, if the Company determines, in its sole discretion, that any of your actions are inappropriate or disruptive, the Company reserves the right to terminate your access to the Software.
Where do we get our information and how accurate is it?
The information on our Software is for informational purposes only. Your use of or reliance on any such information is at your own risk.
We collect our inmate information through public governmental records. While we make a good-faith effort to post accurate information, the Company does not make any representation whatsoever as to the quality, content, accuracy, or completeness of any information posted on the Software. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS OF ANY SUCH INFORMATION FOR ANY PURPOSE, OR WITH RESPECT TO THE RESULTS OBTAINED BY INDIVIDUALS OR OTHER ENTITIES RESULTING FROM THE USE OF ANY SUCH INFORMATION.
Do we endorse third-party websites and companies that are accessible from our Software?
Who owns the Software?
The Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Site and on the App. The Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content (collectively “Content”) that may be found on the Site or on the App. This intellectual property of the Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in this Agreement are reserved by the Company.
What are our warranty disclaimers?
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES AND CONTENT PROVIDED BY OUR SOFTWARE ARE PROVIDED “AS-IS,” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SERVICES OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE, THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SOFTWARE, ITS SERVICES OR CONTENT: (1) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (3) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE INFORMATION PROVIDED BY THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
How is our liability limited?
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR USE OF OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SOFTWARE, ITS SERVICES, OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SOFTWARE WILL BE LIMITED TO $200USD IN THE AGGREGATE.
How are we indemnified?
You shall indemnify and hold the Company harmless from all claims or cause of actions, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Site or the App, violation of this Agreement, or violations of any rights of a third party, or allegations thereof. This indemnification extends to all of the Company’s agents, affiliated companies, employees, contractors, directors, and officers, as well as anyone involved in creating or providing services to the Company. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you shall cooperate in asserting any available defenses.
- Participation in Promotions to Advertisers
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this Site. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, is solely between you and each such advertiser.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Kissimmee, Florida, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.
- Jurisdiction and Venue
The courts of Osceola County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
- Controlling Law
This Agreement will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- Access to Site
The Company does not represent that this Site is appropriate for use in all parts of the world. Access to this site from locations where its contents are illegal is not authorized.
- If you are running the App on an iOS device, this Agreement incorporates and supplements the Apple Inc. Terms (“Apple Terms”) and conditions (found at http://www.apple.com/legal/itunes/us/terms.html#service).
- All rights not expressly granted in this Agreement are reserved by the Company.
- User Submissions to the Company
The Company welcomes your feedback with regard to the Site, the App, and our Services. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you disregard this stated policy and submit these Submissions anyway, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and we shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.