Terms and Conditions of Use
PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND WEB-BASED SERVICES (hereinafter “OFFICERTRAK PLATFORM”) OFFERED BY OFFICERTRAK, LLC. (hereinafter “OfficerTRAK”). THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF HTTP://WWW.OFFICERTRAK.COM AND ALL RELATED WEB-BASED SERVICES PROVIDED BY OFFICERTRAK.
The OfficerTRAK Platform is provided by OfficerTRAK solely for use by its Clients and other authorized individuals to arrange and schedule security services (hereinafter “OfficerTRAK Services”). If you are a Client, You must agree to act in accordance with the Terms of Use set forth in this Agreement. Please note that these Terms of Use do not apply to third-party security service providers who interact with OfficerTRAK under license (hereinafter “Security Providers”) to provide Clients with security services.
Modifications to the Agreement. OfficerTRAK reserves the right, in its sole discretion, to change, modify, add or remove, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon their posting on the OfficerTRAK Platform. Accordingly, you should review the OfficerTRAK Platform and this Agreement regularly to keep yourself apprised of any future changes.
Services. The Services constitute Application Services and OfficerTRAK Services. Application Services constitute a technology platform that enables users of the OfficerTRAK Platform via a mobile application or a website to arrange and schedule OfficerTRAK Services.
OfficerTRAK Services may be provided by third-party Security Service Providers affiliated with OfficerTRAK (hereinafter “Security Service Provider”), including by not limited to off-duty police officers employed by a law enforcement agency.
Your Use of Services. To use most aspects of OfficerTRAK Services, you are required to register and maintain a user account (hereinafter “User Account”). You must be of the age of legal majority in your jurisdiction to obtain a User Account. User Account registration requires you to submit to OfficerTRAK personal information as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your User Account. Failure to do so may result in your inability to access and use the OfficerTRAK Services. You are responsible for all activity that occurs under your User Account.
License. Subject to this Agreement, OfficerTRAK grants you a limited, non-exclusive, and non-transferable license to:
(a) download, install, and use the OfficerTRAK Platform for your personal, non-commercial use on a mobile device (hereinafter “Mobile Device”) owned or otherwise controlled by you; and
(b) access, stream, download, and use the OfficerTRAK Platform on such Mobile Device, information made available in or otherwise accessible through the OfficerTRAK Platform, in accordance with this Agreement.
Reservation of Rights. You acknowledge and agree that the OfficerTRAK Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the OfficerTRAK platform under this Agreement, or any other rights thereto, other than to use the OfficerTRAK Platform in accordance with the license granted, and subject to this Agreement. OfficerTRAK reserves and shall retain its entire right, title, and interest in and to the OfficerTRAK Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted in this Agreement.
Payment. OfficerTRAK may charge for the OfficerTRAK Services you receive from a Security Service Provider via the use of the Application Services. OfficerTRAK will facilitate your payment of the applicable charges to the Security Service Provider. Payment of the charges in such a manner shall be considered the same as payment made directly by you to the Security Service Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by OfficerTRAK.
Responsibility of User. As a user of the OfficerTRAK Platform, whether as a Client or as an individual, You are solely responsible for protecting your account (i.e., your user ID and password) that has been provided to You by OfficerTRAK now or in the future. You are also solely responsible for securing your password and computer, as well as restricting access to your password and your computer while logged into the OfficerTRAK Platform. You agree to accept responsibility for all activities that occur under your account or from your computer. You agree to immediately notify OfficerTRAK of any unauthorized use of your account or password or any other breach of security, and to accept all risks of unauthorized access to any content or other information You provide through the OfficerTRAK Platform.
Restrictions on Use. Whether you are a Client or an individual user, You may not use the OfficerTRAK Platform for anything other than a lawful, legitimate, and authorized purpose. You may not reproduce, upload, download, record, post, transmit, distribute, store or archive any part of the OfficerTRAK Platform content without obtaining written express consent from OfficerTRAK. Prohibited uses of the OfficerTRAK Platform additionally include, but are not limited to, the following: (a) conducting any deceptive and unfair trade practices; (b) placement on the OfficerTRAK Platform of any untrue, malicious, fraudulent, harassing, offensive, or defamatory material, or any material that is irrelevant to legitimate use of the OfficerTRAK Platform; (c) introduction of viruses, worms, or other programming routines that are intended to disrupt or interfere with the intended operation of the OfficerTRAK Platform; (d) promotion of any unlawful activity or purpose, including any activity that could give rise to criminal or civil liability; (e) unauthorized alteration of any data or information supplied by another user of the OfficerTRAK Platform; (f) any activity that infringes on the copyright, patent, trademark, or other rights of any person or entity; (g) modification of software related to the OfficerTRAK Platform (hereinafter “Software”); (h) any effort by You to translate, reverse engineer, decompile, decrypt, extract, disassemble (except tot he extent applicable laws specifically prohibit such restriction), or otherwise attempt to discover any programming or source code of the OfficerTRAK Platform or its Software, in whole or in part; or (j) removal of any patent, copyright, trade secret, trademark or other restrictive and proprietary notices or labels from the OfficerTRAK Platform or its Software or documentation. If You engage in a prohibited use of the OfficerTRAK Platform, OfficerTRAK has the right to prohibit You from any future use of the OfficerTRAK Platform. Any content You introduce to the OfficerTRAK Platform as a result of or which constitutes an impermissible use, as determined in the sole discretion of OfficerTRAK, may be removed from the OfficerTRAK Platform. If You engage in a prohibited use of the OfficerTRAK Platform, You will be liable to OfficerTRAK for any damages it incurs as a result.
Confidential Information. Confidential information includes non-public information related to OfficerTRAK clients, partners, suppliers, and other contractors, as well as any other information disclosed to or obtained by You, which You reasonably should recognize as confidential under the circumstances.
Notwithstanding the above, You may disclose Confidential Information if so required by law (including pursuant to a court order or subpoena), so long as You give OfficerTRAK and/or identified individual reasonable notice and the opportunity to oppose such disclosure. You shall not otherwise directly or indirectly disclose, copy, distribute, republish, or allow any third party to have access to or use any Confidential Information without the prior express written permission of OfficerTRAK or the identified individual. You shall not take any action of any kind in any way based upon the Confidential Information disclosed or made available by OfficerTRAK which directly or indirectly might interfere in any way with, or have an adverse effect on, the business of OfficerTRAK or the business or contracts of its Clients, or with the existing business relationships of OfficerTRAK with its Clients, respective employees, suppliers, customers, or third parties.
Proprietary Rights. You acknowledge and agree that the OfficerTRAK Platform, the services provided through OfficerTRAK Platform and the OfficerTRAK Software contains proprietary and Confidential Information, including but not limited to text, graphics, logos, icons, images, and the arrangement and compilation of such content, which is protected by applicable intellectual property laws and other laws. Except as expressly permitted by OfficerTRAK, You agree not to copy, modify, rent, lease, loan, sell, distribute, repost, publicly display, use for any commercial purposes, or create derivative works based on the OfficerTRAK Platform or the OfficerTRAK Software, in whole or in part, without the prior express written permission of OfficerTRAK. You agree and acknowledge that OfficerTRAK, including all associated proprietary information and rights, includes a proprietary design, process, and method protected by copyright, trademark, trade secret, or other intellectual property rights owned by OfficerTRAK, and You expressly agree, covenant, and warrant that You shall not intentionally infringe upon these rights.
Disclaimer of Warranties. THE OFFICERTRAK PLATFORM IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OFFICERTRAK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE OFFICETRAK PLATFORM INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, OFFICERTRAK PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE OFFICERTRAK PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATION, SYSTEM, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Links. OfficerTRAK may provide, via the OfficerTRAK Platform, links to other websites or resources. Because OfficerTRAK has no ownership or control over such sites and resources, You acknowledge and agree that OfficerTRAK shall not be responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OfficerTRAK shall not be responsible or liable, directly or indirectly, for any damage or loss to You caused or alleged to be caused by or in connection with use of or reliance on the OfficerTRAK Platform or any Third-Party Site, or any content, goods or services available on or through any such site or resource.
Privacy and Security. OfficerTRAK maintains personally identifiable information collected through the use of the OfficerTRAK Platform for its Clients in the strictest confidence. Our Privacy Policy outlines how OfficerTRAK collects, uses, and secures your personally identifiable information. You are required to read our full Privacy Policy and provide affirmative consent prior to the use of the OfficerTRAK Platform and OfficerTRAK Services. The Privacy Policy can be found at http://www.officertrak.com/privacy.
Limitation of Liability. EXCEPT AS SET FORTH HEREIN, OFFICETRAK SHALL NOT BE LIABLE FOR ANY LIABILITY ARISING FROM NEGLIGENT ACTIONS OR INACTIONS ARISING FROM OR RELATED TO ANY LOSS DUE TO PERSONAL INJURY, PROPERTY DAMAGE, ANY LOSS OF PROFITS, SAVINGS, OR GOODWILL, LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS, COST, EXPENSE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) THAT RESULT FROM YOUR USE OF THE OFFICETRAK PLATFORM OR OFFICERTRAK SERVICES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE OFFICERTRAK PLATFORM FOR ANY REASON (E.G., UNAUTHORIZED USE OR ACCESS OF YOUR ACCOUNT, ANY INTERRUPTION OF SERVICE, COMPUTER VIRUS) FOR USE OF THE OFFICERTRAK PLATFORM, EVEN IF OFFICERTRAK OR AN AUTHORIZED REPRESENTATIVE OF OFFICERTRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Indemnity. You agree to indemnify and hold OfficerTRAK and its subsidiaries, affiliates, officers, directors, agents, employees, as well as their successors and assigns, harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorneys’ fees, made by any third party due to or arising from or in connection with your use of the OfficerTRAK Platform and OfficerTRAK Services, or your breach of this Agreement, including the foregoing representations, warranties, and covenants, or any term of any document it incorporates by reference, or your violation of any law, any contract or the rights of a third party, including without limitation, attorneys fees, and costs.
Governing Law. This Agreement shall be governed by and construed in accordance with laws of the State of Texas, without regard to the choice of law provisions thereof.
Jurisdiction. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts.
Dispute Resolution. You agree that any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration between you and OfficerTRAK, except that each party retains the right to bring an individual action in small claims court and each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and OfficerTRAK are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.
Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party.
Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this Agreement by You or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, and all documents incorporated herein by reference, set forth and constitute the entire understanding and agreement between us with respect to the subject matter hereof.