These Agreements apply to (1) all CAP Index Services (Including but not limited to the CAP Index Websites and CRIMECAST Platform and (2) any other related services that CAP Index may provide to you in connection with such services.
TERMS AND CONDITIONS OF USE AGREEMENT BETWEEN USER AND CAP INDEX, INC.
TERMS AND CONDITIONS OF USE AGREEMENT BETWEEN CUSTOMER / USER AND CAP INDEX, INC.
IMPORTANT – READ CAREFULLY: THIS TERMS AND CONDITIONS OF USE AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND ANY COMPANY YOU REPRESENT (“CUSTOMER” AND COLLECTIVELY, “YOU” AND “YOUR”) AND CAP INDEX, INC. (“CAP Index”).
THIS AGREEMENT APPLIES TO (1) ALL CAP INDEX SERVICES (INCLUDING BUT NOT LIMITED TO THE CAP INDEX WEBSITES, PURCHASE AND USE OF CRIMECAST REPORTS, AND THE CRIMECAST PLATFORM) AND (2) ANY OTHER RELATED SERVICES THAT CAP INDEX MAY PROVIDE TO YOU IN CONNECTION WITH SUCH SERVICES (COLLECTIVELY, THE “PRODUCTS AND SERVICES”)
PLEASE READ THE AGREEMENT CAREFULLY BEFORE EXECUTING YOUR ORDER FORM OR CONTINUING YOUR REGISTRATION. BY EXECUTING ANY ORDER FORM WITH CAP INDEX FOR USE OF ANY CAP INDEX PRODUCT OR SERVICE, BY MAKING PAYMENT TO CAP INDEX, OR BY CLICKING THE “I ACCEPT” BUTTON, YOU AND ANY COMPANY YOU REPRESENT AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOUR COMPANY, YOU ARE REPRESENTING TO US THAT YOU HAVE THE AUTHORITY TO BIND YOUR COMPANY TO THIS AGREEMENT, AND THE TERM “YOU” SHALL REFER TO YOUR COMPANY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT EXECUTE THE ORDER FORM, OR MUST CHOOSE THE “CANCEL” BUTTON, AND YOU SHALL NOT BE PERMITTED TO USE THE CAP INDEX PRODUCTS OR SERVICES OR WEBSITES.
The CAP Index, Inc. Websites comprise various Web pages operated by CAP Index, Inc., including, but not limited to, the Web pages located on https://www.capindex.com and the CAP Index CRIMECAST Platform located at https://crimecast.capindex.com
The CAP Index, Inc. Websites are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CAP Index, Inc. Websites and of the CAP Index, Inc. services including, but not limited to, the purchase of data, reports, maps, and other products (the “Products and Services”), constitutes your agreement to all such terms, conditions, and notices.
Any Products and Services, and all other material prepared by CAP Index, Inc. are for the exclusive use of the intended recipient. No part of the content may be copied, distributed, or disseminated to any person or entity in any form without the prior express written permission of CAP Index, Inc. You agree not to modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer any CAP Index, Inc. Products and Services, or materials, or any part thereof, for any reason. You are not authorized to resell any Products and Services, or materials delivered to you by CAP Index, Inc.
CAP Index, Inc. reserves the unilateral right to change the terms, conditions, and notices under which the CAP Index, Inc. Websites are offered, including, but not limited to, the changes associated with the use of the CAP Index, Inc. Website and its Products and Services, or materials.
Additional or different terms, conditions, and notices may apply to specific Products and Services, materials, information, software, or future services offered through the Websites. In the event of any conflict between such additional or different terms, conditions, and notices and these general Terms and Conditions of Use, such additional or different terms, conditions, and notices will prevail over these Terms and Conditions of Use. Please see the applicable agreement or notice.
LINKS TO THIRD PARTY SITES
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the CAP Index, Inc. Websites, Products and Services, or materials, you warrant to CAP Index, Inc. that you will not use any of them for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CAP Index, Inc. Websites, Products and Services, or materials in any manner which could damage, disable, overburden, or impair CAP Index, Inc. or the CAP Index, Inc. Websites or interfere with any other party’s use and enjoyment of the CAP Index, Inc. Websites or Products and Services, or materials. You may not obtain or attempt to obtain any Products or Services, or materials, or information through any means not intentionally made available or provided for through the CAP Index, Inc. Websites.
CAP Index, Inc. Websites, Products and Services, or materials are not intended to be used for, and should not be used for, employment purposes or making employment decisions, including hiring, promotion, retention, or termination.
The data provided to our clients with respect to a geographic area under review are based on the United States, Canadian, and United Kingdom census data, other public records or census data from additional countries, and data licensed from third parties. Although these data are considered highly reliable, we are not able to vouch for their completeness or accuracy, and in some instances licensed data showing facility locations may become outdated. Nevertheless, our statistical analysis as expressed in our Products and Services, loss experience validations or other services must assume that these data, as recorded and compiled by the various governmental agencies or private licensors, are in fact complete, accurate, and current. Furthermore, if any Products or Services, or materials include our conclusions with respect to crime risk by site, those conclusions are based upon statistical analysis, and therefore constitute probabilities of criminal activity over a period of time, not certainties.
CRIMECAST® Reports have been generated for multiple sites using latitude/longitude identifications. To the extent you have provided CAP Index, Inc. with those latitude/longitude identifications, CAP Index, Inc. has not independently verified the accuracy of the site identifications. CAP Index, Inc. will provide reports and maps based on the actual latitude/longitude identified by you, and thus the accuracy of those reports and maps will depend on the accuracy of the data provided by you.
CAP Index, Inc. may have provided you with latitude/longitude site identifications as a part of its address geocoding service, either in conjunction with a CRIMECAST® Report, or as a separate service. Address geocoding provided by CAP Index, Inc. is based on physical addresses provided by you. Once again, CAP Index, Inc. does not independently verify the accuracy of those addresses, and thus the accuracy of the resulting CAP Index, Inc. products or services will depend on the accuracy of the data provided by you.
PAYMENT AND EXPIRATION OF CREDITS
Payment for the product or services provided under the foregoing terms and conditions shall be due upon receipt of an invoice from CAP Index, Inc. unless otherwise expressly provided by a separate written agreement between the client and CAP Index, Inc.
UNLESS NOTED DIFFERENTLY ON YOUR ORDER FORM, ALL UNUSED CREDITS ISSUED TO YOU FOR FUTURE USE OF PRODUCTS AND SERVICES SHALL EXPIRE UPON THE “EFFECTIVE DATE”, WHICH SHALL BE THE ONE-YEAR ANNIVERSARY OF THE EARLIEST OF THE FOLLOWING EVENTS: (a) YOUR PAYMENT FOR SUCH CREDITS; (b) THE DATE OF YOUR FIRST RECEIPT OF ANY CAP INDEX PRODUCT, OR (c) THE DATE OF YOUR ORIGINAL ORDER FORM.
FOR MULTI-YEAR AGREEMENTS, UNLESS NOTED DIFFERENTLY ON YOUR ORDER FORM: (a) ALL CRIMECAST REPORTS WILL BE AUTOMATICALLY UPDATED ON AN ANNUAL BASIS WITHIN THIRTY (30) DAYS OF THE ANNIVERSARY DATE OF YOUR PURCHASE AND ONE CREDIT WILL BE DEDUCTED PER REPORT.
Products provided from CAP Index, Inc. or services rendered by CAP Index, Inc. are NOT refundable. CAP Index, Inc. uses its own discretion when deciding whether to provide refunds for products provided or services rendered.
Fraudulent Credit Card Charges or Fraudulent Claims – All requests to negate charges are investigated by our technical and legal departments. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in the cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.
THERE ARE ABSOLUTELY NO CANCELLATIONS OF ONLINE ORDERS THAT HAVE BEEN PROGRAMMED OR PROCESSED. NOR WILL CAP INDEX, INC. ACCEPT CLAIMS OF MISSING THE IMMEDIATE ONLINE LINKS THAT WERE PROVIDED TO YOU TO DOWNLOAD YOUR ORDER. THERE ARE NO EXCEPTIONS TO THIS CANCELLATION POLICY.
LIMITED LIABILITY DISCLAIMER, NO WARRANTIES, AND INDEMNIFICATION
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, OR MATERIALS INCLUDED IN OR AVAILABLE THROUGH THE CAP INDEX, INC. WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CAP INDEX, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CAP INDEX, INC. WEBSITES AT ANY TIME. ADVICE RECEIVED VIA THE CAP INDEX, INC. WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CAP INDEX, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, REPORTS, MAPS, PRODUCTS AND SERVICES, OR MATERIALS, AND RELATED GRAPHICS CONTAINED ON THE CAP INDEX, INC. WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CAP INDEX, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, MATERIALS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL CAP INDEX, INC. BE LIABLE FOR AN AMOUNT IN EXCESS OF TWICE THE COST OF THE REPORT, PRODUCT OR SERVICE PROVIDED.
YOU ACKNOWLEDGE THAT THE ABOVE LIMITATION OF LIABILITY IS A REASONABLE ALLOCATION OF RISK FOR YOUR USE OF THE CAP INDEX, INC. WEBSITES AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND CAP INDEX, INC.
SERVICE CONTACT: email@example.com
CAP Index, Inc. reserves the right, in its sole discretion, to terminate your access to the CAP Index, Inc. Websites and the related Products and Services, materials, reports, or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the federal and state courts located within Chester County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the CAP Index, Inc. Websites and its Products and Services, materials, reports, or maps. Use of the CAP Index, Inc. Websites and its Products and Services, materials, reports, or maps is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CAP Index, Inc. as a result of this agreement or use of the CAP Index, Inc. Websites and its Products and Services, materials, reports, or maps. CAP Index, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CAP Index, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CAP Index, Inc. Websites and its Products and Services, materials, reports, or maps or information provided to or gathered by CAP Index, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CAP Index, Inc. with respect to the CAP Index, Inc. Websites and its Products and Services, materials, reports, or maps and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CAP Index, Inc. with respect to the CAP Index, Inc. Website and its Products and Services, materials, reports, or maps. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
WAIVER OF RIGHT TO JURY
You and CAP Index, Inc. hereby waive any constitutional and statutory rights to have a trial in front of a jury.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the CAP Index, Inc. Websites are ©2018 CAP Index, Inc. All Rights Reserved and/or its suppliers. All rights reserved. In addition, the copyright of all Products and Services, materials, reports, and maps are the sole and exclusive property of CAP Index, Inc.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Collection of Your Personal Information
When you use our services, CAP Index, Inc. collects a variety of personally identifiable information, such as your e-mail address, name, home or work address or telephone number. CAP Index, Inc. also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by CAP Index, Inc. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by CAP Index, Inc. for the operation of the services, to maintain quality of the services, and to provide general statistics regarding use of the CAP Index, Inc. Website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through CAP Index, Inc.’s public message boards, this information may be collected and used by others. Note: CAP Index, Inc. does not read any of your private online communications.
CAP Index, Inc. encourages you to review the privacy statements of Websites you choose to link to from CAP Index, Inc. so that you can understand how those Websites collect, use and share your information. CAP Index, Inc. is not responsible for the privacy statements or other content on Websites outside of the CAP Index, Inc. family of Websites.
Use of Your Personal Information
CAP Index, Inc. collects and uses your personal information to operate the CAP Index, Inc. Website and deliver the services you have requested. CAP Index, Inc. also uses your personally identifiable information to inform you of other products or services available from CAP Index, Inc. and its affiliates. CAP Index, Inc. may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
CAP Index, Inc. does not sell, rent or lease its customer lists to third parties. CAP Index, Inc. may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, and telephone number) is not transferred to the third party. In addition, CAP Index, Inc. may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to CAP Index, Inc., and they are required to maintain the confidentiality of your information.
CAP Index, Inc. does not use or disclose sensitive personal information without your explicit consent, except as described below.
CAP Index, Inc. keeps track of the Websites and pages our customers visit within the CAP Index, Inc. Website in order to determine what CAP Index, Inc. services are the most popular. This data may be used to deliver customized content and advertising within CAP Index, Inc. to customers whose behavior indicates that they are interested in a particular subject area.
The CAP Index, Inc. Website uses “cookies” to help you personalize your online experience. Cookies are bits of electronic data that can be transferred to your computer or other device to identify your browser. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize CAP Index, Inc. pages, or register with CAP Index, Inc. site or services, a cookie helps CAP Index, Inc. to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same CAP Index, Inc. Website, the information you previously provided can be retrieved, so you can easily use the CAP Index, Inc. features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the CAP Index, Inc. services or Websites you visit.
Security of Your Personal Information
CAP Index, Inc. secures your personal information from unauthorized access, use or disclosure. CAP Index, Inc. secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
CAP Index, Inc. is always looking for threats and take reasonable steps to respond to those threats, protecting the information users share with CAP Index. Inc. Of course, no method of internet transmission of storage of date can provide guaranteed protection to your information. Therefore, CAP Index, Inc. cannot guarantee the security of your information or other information. If anything should ever happen to your information, CAP Index, Inc. will let you know as soon as possible and will try its best to make it right.
CAP Index, Inc. is based in the United States and the information collected is governed primarily U.S. law. If you access or use CAP Index, Inc. services or provide information to CAP Index, Inc., your information will be processed and stored in the United States, where you may not have the same rights and protections as you do under your local law.
If you choose to purchase any paid service, you may pay using a payment card (e.g., debit or credit card). CAP Index, Inc. uses third party payment card processing companies to process payments. These third parties have committed to CAP Index, Inc. to process your payment card information in a secure, PCI compliant manner. Your payment card information is processed and retained by these third parties and will not be passed on to CAP Index, Inc. Your payment card information is not stored by CAP Index, Inc.