Online Policing Solutions, Inc. (Saas) Terms & Conditions
Online Policing Solutions, Inc. (“OPS”, “OPS Network”, “National Law Enforcement and Community Policing Integrated Network”, ”we”, “us” “our” “Network” and terms of similar meaning) provides its network and software applications (Software as a Service – “SaaS”), hosted software and mobile applications and professional services to you subject to these terms and conditions of use (“Terms”).
In these Terms we refer to each of OPS’s software applications as the “Software” or “SaaS”; its hosted software services (available under the domain and sub-domains of opspolice.com, onlinepolicingsolutions.com, opspolice.network, mypolice.net, gopolice.org or through a OPS Network Partner Agency’s web page) collectively as the “Site”; its mobile applications as the “Applications” and the web-hosting, installation, implementation and other professional services as “Professional Services”. The Software, the Site, the Network, the Applications and the Professional Services are collectively referred to as the “OPS Services” or Software as a Service (“SaaS”).
Please read these Terms carefully before using OPS Services. By accessing or using OPS Services, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not be eligible to utilize OPS Services.
In these Terms, our law enforcement users and agencies are called “OPS Network Partner Agencies” and end-users (i.e., subscriber employees, officers, agents, troopers, detectives, prosecutors, or residents) who use OPS Secure Network Services (for example, to review, edit, view or submit information) are called “Users.”
We call users of publically available agency websites, commonly referred to as OPS Community Interfaces, “Community Partners”, “Community Members”, “Users” or “Site Visitors.”
OPS reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to OPS Services, at any time and in its sole discretion by posting the amended terms on our website located at www.opspolice.com. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on our website, and your continued use of any OPS Service after such time will constitute your acceptance of such changes or modifications. Users should regularly review the Terms and any policies and documents incorporated in them to understand the Terms that apply to your use of any OPS service. If you do not agree to any amended Terms, you must stop using OPS Services. If you have any questions about the Terms, please email us at firstname.lastname@example.org.
If OPS has previously prohibited you from accessing or using any service, you are not permitted to access or use OPS.
These Terms are applicable to Users located in the United States only. If you are located outside of the United States, you will be presented with a different set of terms.
OPS Secure Side Network Services are for your agency use only. You may not resell, lease or provide them in any other way to anyone else.
2. ACCOUNT SECURITY and Registration
To access the secure law enforcement side of the OPS Network, Users must register for an OPS user account by creating a user name and password. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you unless otherwise notified.
If you become an OPS Network Partner Agency, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms in connection with OPS Services (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data and any other information you provide to OPS, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to any and all Data and any other information you provide to OPS. You are responsible for all activity on your OPS account.
3. FEES; CHARGES; TAXES
Each OPS Network Partner Agency is responsible for: (i) all fees and any other charges as described on an Order, and (ii) all sales, use and other taxes applicable to the fees and charges in any applicable jurisdiction. Fees shall be due once the network is provisioned and payable thirty (30) days from the date of the invoice and shall be deemed overdue if unpaid thereafter. Each OPS Network Partner Agency shall be liable for any and all expenses incurred in collection of any unpaid fees, including reasonable attorneys’ fees and expenses. Without limiting its rights or remedies, OPS shall have the right to halt or terminate use or access to your OPS Network to any Subscriber or its Users if payment is not received within sixty (60) days of the invoice date.
All partner agencies understand and agree that OPS Network assets, which provide an email to an end-user, to include but not be limited to, OPS Alerts, OPS Press Releases, OPS TIPS, OPS News, etc… include (as part of an OPS Network Partner Subscription) 1.2 million yearly email distributions, limited to 100,000/month. While most agencies will not exceed this level of email distribution, all agencies understand that any email distribution overages, that exceed 1.2 million yearly emails, or 100,000 in a single month, may incur additional data distribution overage costs reflective of the overage amount of $0.0040 per overage email. Large agencies, or agencies with large community populations, understand that they can pre-budget for larger email distribution expectations by discussing the same with their OPS Network Regional Representative.
4. OWNERSHIP, COPYRIGHT AND TRADEMARKS
In these Terms, the content available through all OPS Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content.” Content provided by Users is called “User Content” and is the property of the respective User.
Other than the User Content and any New Designs, OPS Services, the Content, and any Work Product created in connection with any Professional Services and all software made available to Users on the OPS Network used to provide and operate any OPS Services is the property of OPS or its licensors, and is protected by U.S. and international copyright laws. All rights to OPS Services, the Content, all Work Product and such software are expressly reserved by OPS. For purposes of these Terms, “Work Product” means the tangible and intangible results of the Professional Services, including, without limitation, any and all software object and source code, HTML, CGI, XML formatting, computer system designs, documentation, any writings of any kind, user interfaces, audio-visual works, “look and feel,” artwork, illustrations, images, photographs, printed or graphic matter, trademarks (including service marks, trade dress, trade names, logos, corporate names, and Internet domain names), copyrights and copyright able works, preparatory materials, charts, diagrams, memorandum, drafts, sketches, outlines, developments, materials, data, inventions (whether patent-able or not), improvements, processes, discoveries, ideas, know-how, techniques, formula, compositions, methodologies, program materials, notes, lists, compilations, manuscripts, pictorial materials, schematics, drawings, specifications, blueprints, flowcharts, schematics, protocols, designs, design rights, plans, business plans, proposals, technical data, financial and marketing plans and customer and supplier lists and information, and other items, created, developed or supplied in connection with the Professional Services.
All trademarks, service marks, product names or logos mentioned in OPS Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by OPS.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the OPS Network. If you authorize third parties to access your User Content through the OPS Network, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.
5. LIMITED LICENSE TO OPS
We do not claim any ownership interest in your User Content, but we do need limited access to User Content to the extent necessary to maintain OPS Services, now and in the future. You own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the OPS Network; as long as the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users, you also grant transferable right to sub license such User Content to such Users for their use in connection with their official use of the OPS Network. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the OPS Network.
6. LIMITED LICENSE TO YOU
Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view such portions of the Content for official use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the OPS Services or the Content other than for their intended purpose. Additional restrictions, as set forth in an order form executed by the Subscriber and OPS (“Order”), may be applicable to an OPS Network Partner Agency.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of OPS is strictly prohibited and will terminate the license granted to you, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by OPS at any time. You represent and warrant that your use of the OPS Network and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
All Users must comply with the following rules regarding acceptable use OPS. You may not:
- access, tamper with, or use unauthorized areas of OPS software solutions, OPS’s computer systems, or the technical delivery systems of OPS’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
- interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the OPS services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the OPS services.
Misuse of the Service and Websites. You may not utilize OPS to carry out, promote or support:
- any unlawful or fraudulent activities;
- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
- the sending of unsolicited communications unless justified for official government/law enforcement duty and/or use;
- the sending of unsolicited promotions, advertisements, or spam;
- the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
Misuse User Content. You may not post any User Content on OPS that:
- violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
- is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
- contains viruses, bots, worms, or similar harmful materials; or
- contains any information that you do not have a right to make available under law or any contractual or fiduciary duty unless for an official law enforcement function.
In addition to any other remedies that may be available to us, OPS reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for OPS should you fail to abide by the rules in this Section or if, in OPS’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. OPS reserves the right to notify the User’s OPS Network Partner Agency Administrator of any violations of these Terms.
When information is received via the OPS Network TIPS System or Ask an Officer System or any other manner that allows the public to submit information to law enforcement via the OPS Network, or any public interface, and that information is determined by the receiving agency to be threatening to life or property, involves the planning or threat of a crime that involves the potential for harm to others or property or in any way can be interpreted to be information that can cause harm, or the information is sent to admit to the commission of a serious crime, OPS will retain the needed identifying information about the submitting party for no more than 12 days. OPS does not monitor content sent to and received by participating OPS Partner Agencies. It is the responsibility of the agency to monitor the same. Law enforcement who receives this type information must request the same within 12 days or the information will be automatically purged and not recoverable.
7. PROVIDING A RELIABLE AND SECURE SERVICE
OPS takes reliability and security very seriously and we put a great deal of effort into ensuring that our software and services operate consistently and provide a secure environment for your data. All OPS Network software and security technologies meet or exceed industry standards and provide agencies and users with a secure and safe environment. However, no system is perfectly secure or reliable. When you use the OPS Network, you accept these risks and acknowledge that no technology can provide perfect security or reliability.
It is critical to note that OPS does not share or sell any information or data uploaded, stored or contained on OPS, commonly referred to as “data-mining”. All information uploaded, stored, shared or viewed is considered confidential and law enforcement sensitive, classified.
8. NO RESPONSIBILITY FOR THIRD-PARTY MATERIAL
The OPS Network may contain links to third-party web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as posted by users or as a service to those interested in this information. You use links to Third-Party Sites and any Third-Party Content or service provided, at your own risk. OPS makes no claim or representation regarding Third-Party Content or Third-Party Sites, and may provide them or links to them only as a convenience. Inclusion in the OPS Network of a link to a Third-Party Site or Third-Party Content does not imply OPS’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. OPS accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the OPS Network. When you leave the OPS Network, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should undertake whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
9. PROFESSIONAL SERVICES
OPS Network Partner Agencies may obtain Professional Services from OPS under these Terms by signing an Order which specifies the scope and schedule of Professional Services to be performed by OPS, for the OPS Network Partner Agency, and the applicable fees. Unless otherwise expressly stated in the applicable Order, Professional Services shall be provided on a monthly subscription schedule and/or a yearly basis at agreed upon rates in effect at the time services are performed.
10. WARRANTY DISCLAIMER; USER WARRANTY
The Software, Applications and the Content are provided to you on an “as is” basis without warranties from OPS of any kind, either express or implied. OPS warrants that the Professional Services will be performed in a professional and workmanlike manner, in accordance with generally accepted industry standards. OPS Network Partner Agencies must report any deficiencies in the Professional Services to OPS in writing within ten (10) business days of performance of such Professional Services in order to receive warranty remedies. FOR ANY BREACH OF THIS PROFESSIONAL SERVICES WARRANTY, OPS NETWORK PARTNER AGENCIES EXCLUSIVE REMEDY, AND OPS’S ENTIRE LIABILITY, SHALL BE LIMITED TO THE RE-PERFORMANCE OF THE DEFICIENT PROFESSIONAL SERVICES. IF OPS IS UNABLE TO RE-PERFORM THE PROFESSIONAL SERVICES AS WARRANTED, THE OPS NETWORK PARTNER AGENCY SHALL BE ENTITLED TO RECOVER THE FEES PAID TO OPS FOR THE DEFICIENT PROFESSIONAL SERVICES. OPS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OPS DOES NOT REPRESENT OR WARRANT THAT THE OPS NETWORK OR THE CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE OPS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE OPS NETWORK SAFE, OPS DOES NOT REPRESENT OR WARRANT THAT OPS SERVICES OR THE CONTENT CAN BE 100% GAURANTEED TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
If you are an OPS Network Partner Agency, you represent, warrant and covenant that any person to whom you give access to your account (including as staff) will not, in connection with the OPS Network, collect, input, store or otherwise use: (i) nonpublic personal information (including social security numbers) as defined under federal and/or state law; or (ii) protected health information as defined under federal and/or state law.
An OPS Network Partner Agency represents, warrants, and covenants to OPS that: (i) the individual signing an Order on the OPS Network Partner Agencies behalf has the full legal authority necessary to enter into the Order and bind Subscriber to these Terms; and (ii) the execution of the Order by Subscriber and the performance of Subscriber’s obligations pursuant to these Terms will not violate any agreement, whether written or oral, to which Subscriber is a party.
11. LIMITATION OF LIABILITY; INDEMNITY
You waive and shall not assert any claims or allegations of any nature whatsoever against OPS, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Content or the OPS Network, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Content or any of the OPS Services. You use the Content and the OPS Network at your own risk.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER OPS NOR ANY OTHER RELEASED PARTY SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSSES AS A RESULT OF DISCLOSURE OF USER CONTENT OR OTHER DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF (OR INABILITY TO USE) THE CONTENT OR THE OPS NETWORK, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON THE CONTENT OR THE OPS NETWORK OR OTHER INFORMATION OBTAINED FROM OPS OR ANY OTHER RELEASED PARTY OR ACCESSIBLE VIA THE OPS NETWORK, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DISCLOSURE OF USER CONTENT, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OPS OR ANY OTHER RELEASED PARTY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OPS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE CONTENT OR ANY OPS SERVICE EXCEED ANY COMPENSATION PAID BY YOU FOR ACCESS TO OR USE OF THE CONTENT OR THE OPS NETWORK, AS THE CASE MAY BE, DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DATE OF ANY CLAIM.
You shall defend, indemnify and hold harmless OPS and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your breach of any representation, warranty or covenant contained herein or your use of the Content and the OPS Network, and further, if you are an OPS Network Partner Agency, from your Users’ use of any OPS service and from the use of the Content and the OPS Network by any: (i) person to whom you give access to your account (including staff) and (ii) person (i.e., resident) that you receive information from via the OPS Network related to a services request, including any claims made by any person that any User Content infringes the rights, including the intellectual property rights, of any third party.
Notices that we give you may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide, or we may post a notice to OPS Network Partner Agencies in the login or dashboard area of your account on the OPS Command Center, or post the notice elsewhere on the OPS Community Interface of Command Center. When we post notices on the OPS Command Center, we post them in the area suitable for the notice. It is your responsibility to periodically review the OPS Command Center for notices.
We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.
13. APPLICABLE LAW AND VENUE
OPS Services are controlled by OPS and operated from its corporate offices in New Jersey. You and OPS explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Content, the OPS Network or these Terms will be construed in accordance with the laws of the State of New Jersey without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the State courts of Cumberland County in the State of New Jersey and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it.
You will be responsible for compliance with all local laws of the jurisdiction within which you use the OPS Network and you agree to indemnify OPS and the other Released Parties for your failure to comply with any such laws.
14. TERMINATION/MODIFICATION OF LICENSE AND OPS SERVICES
Notwithstanding any provision of these Terms, OPS reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the OPS Network, or any portion thereof and the rights of any third party to which you have granted access to your User Content; (b) block or prevent your future access to and use of all or any portion of any OPS Service or Content and the rights of any third party to which you have granted access to your User Content; (c) change, suspend or discontinue any aspect of the OPS Network or Content; and (d) impose limits on the OPS Network or Content.
15. TERMINATION OF AGREEMENT
You and OPS may terminate your use of the OPS Network, including your agreement to these Terms, at any time. If the OPS Network Partner Agency terminates its use of the OPS Network, the OPS Network Partner Agency must pay any fees applicable for the balance of the then current Term specified on your Order. Termination by OPS Network Partner Agency here-under will not limit OPS from pursuing any other remedies available to it, including injunction relief, nor shall termination relieve the OPS Network Partner Agency of its obligation to pay all fees and expenses accruing prior to such termination.
In the event an OPS Network Partner Agencies account is terminated, the applicable User Content will, shortly thereafter, no longer appear on the OPS Network. We may or may not retain an archival copy of such User Content after termination, and the OPS Network Partner Agency hereby grants us a non-exclusive, perpetual, irrevocable license to maintain such archival copy, only for the purpose of providing this information to the terminating agency if needed for legal purposes or to re-activate the account.
If these Terms expire or terminate for any reason, Sections 3, 4, 5, 7, 8, 10, 11, 13, 15 and 16, including any indemnity, covenant, representation or warranty you make in these Terms, shall survive indefinitely.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed sever-able from these Terms and shall not affect the validity and enforce-ability of any remaining provisions. OPS may assign any or all of its rights here-under to any party without your consent. You are not permitted to assign any of your rights or obligations here-under without the prior written consent of OPS, and any such attempted assignment will be void and unenforceable. OPS shall not be liable in damages for any delay or default in providing the OPS Network Partner Agency here-under if such delay or default is caused by conditions beyond its control, including but not limited to, acts of God, government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of OPS (including mechanical, electronic, or communications failure).
These Terms constitute the entire agreement between you and OPS regarding your use of the OPS Network and all of its software and network hardware, and supersedes all prior or contemporaneous communications whether electronic, oral or written between you and OPS regarding your use of them.