SoundThinking, Inc. CRIME MAP

TERMS OF SERVICE

With respect to your access and use of the SoundThinking, Inc. Crime Map Site (the “Site”), SoundThinking, Inc. Network provides its services to you, subject to the following Terms of Use (“TOU”), which may be updated by us from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions.

In addition, when using the Site, you shall be subject to any posted guidelines or rules applicable to such Sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.

You agree to be bound by these TOU, and indicate such agreement by any access or use of this Site. Your use of this Site demonstrates and manifests your assent to these TOU. If you do not agree to these TOU, do not access and use the Site.

  1. PERMITTED USE. Subject to these TOU, SoundThinking, Inc. Network hereby grants you the right to access and use the Site solely for the following purposes: (i) if you are accessing the 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 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 in connection with the establishment or continuation of a business relationship with SoundThinking, Inc. Network. You shall not (iii) send or otherwise post unauthorized commercial communications (such as spam) on the Site; (iv) collect content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) or by bypassing the Site’s user interface without our permission; (v) upload viruses or other malicious code to the Site; (vi) do anything that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack; or (vii) facilitate or encourage any violations of these TOU. SoundThinking, Inc. Network retains all rights with respect to the Site except those expressly granted to you in these TOU. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the Site unless specifically authorized in writing by SoundThinking, Inc. Network to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Site. Such framing is strictly prohibited under these TOU. The content and software on the Site are the proprietary property of SoundThinking, Inc. Network and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws.

  2. LINKS TO THIRD PARTY SITES. The Site may contain links or produce search results that reference links to third party websites (“Linked Sites”). SoundThinking, Inc. Network has no control over these Linked Sites or the content within them. SoundThinking, Inc. Network cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. SoundThinking, Inc. Network does not endorse the content of any Linked Site, nor does it warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Site 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 claim against SoundThinking, Inc. Network for any damages or losses whatsoever resulting from such use.

  3. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Site, you warrant to SoundThinking, Inc. Network that you will not use the Site for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Your access to the Site may be suspended or terminated at any time if SoundThinking, Inc. Network determines that you have or may violate the restrictions identified here.

  4. PRIVACY Your use of this Site is subject to SoundThinking, Inc. Network Privacy Policy, which may be updated from time to time.

  5. OWNERSHIP OF USER SUBMITTED CONTENT. You agree that any and all information and content that you provide to the Site becomes the exclusive property of SoundThinking, Inc. Network, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to SoundThinking, Inc. Network upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.

  6. OWNERSHIP OF LAW ENFORCEMENT AGENCY SUBMITTED CONTENT. All information provided by a law enforcement agency is offered and owned by that law enforcement agency. All data will be retained by SoundThinking, Inc. Network and remain accessible by the general public and/or other law enforcement agencies in accordance with the provisions of these TOU. Any law enforcement agency submitting information to SoundThinking, Inc. Network 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 SoundThinking, Inc. Network regarding its disclosure of such information should such disclosure be claimed to violate and federal, state or local statute or regulation.

  7. WARRANTY DISCLAIMER. SoundThinking, Inc. Network does not promise that the Site will be error-free, uninterrupted, nor that the Site will provide specific results from your use of any content, search or link on them. The Site and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis. SoundThinking, Inc. Network does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. SoundThinking, Inc. Network DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

  8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL SoundThinking, Inc. Network, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE Site. IN NO EVENT SHALL SoundThinking, Inc. Network's AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF SoundThinking, Inc. Network’s AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE Site EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO SoundThinking, Inc. Network FOR ACCESSING THIS SITE; OR (B) FIVE U.S. DOLLARS ($5.00).

  9. 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; and, (c) you will only use the Site in accordance with these TOU.

  10. INDEMNIFICATION. You agree to indemnify and hold SoundThinking, Inc. Network and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of these TOU, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  11. IRREPARABLE HARM AND INJUNCTIVE RELIEF. The Site and the information and content made available through such Sites is the result of enormous investment by SoundThinking, Inc. Network in collecting, 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 Site, you hereby acknowledge and recognize the uniqueness of the services provided by the Site and SoundThinking, Inc. Network’s substantial investments in such Sites as described herein, such that a violation of Section 1 (Permitted Use) of these TOU by you will result in irreparable harm to SoundThinking, Inc. Network for which money damages or other legal remedies may not adequately compensate. Accordingly, in the event of a violation of Section 1, SoundThinking, Inc. Network shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that SoundThinking, Inc. Network will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.

  12. DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT. SoundThinking, Inc. Network respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Site has been copied in such as way to constitute copyright infringement, please contact us at: SoundThinking, Inc. Network 1255 Treat Boulevard Suite, #610 Walnut Creek, CA 94597

  13. GOVERNANCE. These TOU shall be governed in all respects by the laws of the State of California without giving effect to its conflict of law's 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 City of San Francisco, California, and further agree that any cause of action arising under or relating to these TOU or your use of the Site shall be brought exclusively in such venue. Notwithstanding the foregoing, SoundThinking, Inc. Network 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 SoundThinking, Inc. Network arising under or relating to these TOU or your use of the Site in which SoundThinking, Inc. Network is the prevailing party, you agree that you will pay SoundThinking, Inc. Network’ reasonable attorneys’ fees in connection with SoundThinking, Inc. Network’ commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against SoundThinking, Inc. Network. 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. SoundThinking, Inc. Network’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. These TOU and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.

  14. INFORMATIONAL ONLY. The information displayed in this Site is susceptible to some degree of error due to the collection, entry, and geoprocessing of the data. No warranty, representation, or guarantee whatsoever is made or implied regarding the content, accuracy (including, without limitation, geographic accuracy), timeliness, 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 owners and operators of this Site as well as all directors, officers, employees, agents, and affiliates of SoundThinking, Inc. Network shall not be held responsible for any errors or omissions in this Site or produced by any secondary dissemination of this information. The owners and operators of this Site have not assessed any specific risk that any convicted sex offender will commit another offense or the nature of any future crime that may be committed. Persons should not rely on the sex offender information in this Site, if any, as a safeguard against perpetrators of sexual assault in their communities. The information is provided strictly as a courtesy to the public.

  15. NOTICE OF ERRORS. If you believe that any information on this Site is in error, please be advised that we receive all of our information from state or local authorities, and you should therefore contact your local police or sheriff’s department; such authorities will be able to assist you directly or refer you to another appropriate authority.

  16. CONDITION OF USE. You understand and agree to each and every provision contained in this disclaimer and waive any and all rights and claims you may or might have against the owners and operators of this Site as well as against all directors, officers, employees, agents, and affiliates of SoundThinking, Inc. Network, arising from your use of this Site.

  17. EXPORT CONTROL INFORMATION. Unless otherwise specified, the materials on the Site are presented solely to provide information regarding and to promote SoundThinking, Inc. Network’s services and other products available in the United States, its territories, possessions and protectorates. The Site is controlled and operated by SoundThinking, Inc. Network from its offices within the United States of America. SoundThinking, Inc. Network makes no representation that materials on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. If you access the Site from outside the United States and are located in a county embargoed by the United States or are on the United States Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities or operate a platform application or Site in connection with the Site. Further, no software from the Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.