Consent and Certification:
By consenting to these terms, I affirm that I hold a valid license and/or authorization in my state permitting me to engage in the tracking of fugitives on behalf of bail/surety agencies. In the event of vetting procedures or random re-vetting uncovering any lack of licensure, a revoked or canceled license, provision of false information, involvement in a criminal investigation, conviction of offenses that disqualify me from working as an investigator, or any other situation or offense warranting such action, I acknowledge that my access will be promptly revoked without refund.
Official Use Acknowledgment:
I acknowledge that this system is intended solely for official use. Any misuse or utilization beyond my official capacity may lead to immediate termination of access without refund.
Compliance with Local Laws:
I commit to complying with all local laws, rules, and regulations governing GPS tracking. I absolve FugitiveForce Inc., Spoof Locator, OLPR Systems, LLC., and their representatives of any liability in the event of my violation of established laws.
Registration and Vetting:
I understand and agree that I must use my personal legal name and legal business name for the business I am authorized to work for when registering for my FugitiveForce account. I may not edit or change my legal name in the edit profile section without explicit permission from FugitiveForce. FugitiveForce reserves the right to verify that users are using the real identity for auditing and compliance purposes. FugitiveForce also reserves the right to change any name found to be false in a user profile back to the user's real legal name and any attempts to change the name back to a false name will be a violation of the terms of service and can lead to revocation of access with no refund. We take our compliance with current internal auditing processes and future regulatory auditing serious as we work towards becoming CJIS compliant to allow for more features.
Monthly Subscription and Payment:
I understand that there is a recurring monthly fee for unlimited use of the system. All payments will be automatically withdrawn on a monthly basis, commencing on the day of my initial sign-up. It is my responsibility to cancel my membership through PayPal if I choose to discontinue usage. No pro-rating of fees will be entertained. No refunds will be issued. I understand that if I cannot properly cancel my account through PayPal, I must contact customer service prior to the renewal date to request a cancellation. If I fail to contact them prior to the cancellation date, I am not entitled to a refund. I understand that I am not entitled to any refund if I have utilized the system after a request of cancellation.
PayPal Disputes:
I agree that I will contact FugitiveForce customer service at clientservices@fugitiveforce.com with any dispute prior to filing a dispute with PayPal. I understand and agree that if I have conducted any activity on the FugitiveForce system during my month of service, I forfeit any right to a dispute with PayPal for fraudulent charges. Charges may appear from OLPR Systems, LLC. or FugitiveForce Inc. on PayPal. Any disputes files with PayPal or my bank for fraudulent charges will be investigated by FugitiveForce customer service any terms of service agreements and usage logs will be provided as evidence of my understanding and agreement to these terms.
Personal Information Use:
We are a database of internal field intelligence and public records information aggregated for your convenience. The searches made available by and through the use of this application are provided for informational purposes only. While we are constantly striving to update and refine our database and services, we do not represent and warrant that the results provided are 100% accurate and up to date, as such, we are not liable for the accuracy, usefulness, available or unavailability of any information transmitted or made available via this application. We do not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any searches. We also reserve the right to delete any information from our database at any time. User acknowledges that the services are provided "as it." Information is often obtained by clients and third parties and the accuracy of the information cannot be guaranteed. We urge you to independently verify any and all information you gather from use of this application.
Personal Information Entered into Database:
I agree that all personal information entered into this database was obtained lawfully through a bail bond application and the applicant consented by voluntarily providing this information to the surety and/or signed a waiver of privacy agreement in their bail bond application.
Credit Reporting Clause:
We are not a credit reporting agency for the purposes of the Fair Credit Reporting Act (FCRA). As such, the additional protections afforded to consumers, and obligations placed upon credit reporting agencies, are not contemplated by, nor contained within, these terms and conditions.
Third Party Sites:
You may be able to access other websites or resources through links or advertisements on our application. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, do not endorse, and are not responsible or liable for any content, advertising, products or other materials available from such site or resources and are not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
Proprietary Rights:
The Services, and all material published on or accessible through the Applications, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, “applets” incorporated into the software data, sounds, messages, comments, ratings, and other materials on the Applications (together “Content”) is owned by us or our licensors, and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights. We own a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Applications. All trademarks, service marks, trade names, and trade dress appearing on the Applications (“Marks”), are proprietary to us. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, the Applications or the Services, in whole or in part, without our prior written consent. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the Applications. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or Marks without our express written consent. All right, title and interest in and to the Applications and Services is and will remain the exclusive property of us and our licensors. In addition, any feedback, comments, ideas, concepts or suggestions (“Feedback”) you may provide regarding the Applications or Services is entirely voluntary, and we will be free to use such Feedback for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you. Except for allowing you to use the Applications and Service for your personal use as set forth in the paragraph above, when you use the Applications or Service, you are not receiving a license or any other rights from us, including any intellectual property or other proprietary rights. You understand that you have no rights to the Applications or Services or any other property except as indicated in these Terms.
Disclaimer of Warranties:
YOU UNDERSTAND THAT YOUR USE OF THE APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING OUR APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MAKES NO WARRANTY THAT THE APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE APPLICATIONS OR SERVICES, OR WITH THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATIONS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE APPLICATIONS AND SERVICES. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE APPLICATIONS OR A LINKED SITE.
WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF US, OUR PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
LIABILITY LIMITATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE APPLICATIONS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $50. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You understand that you are personally responsible for your behavior while on the Applications or using the Services and agree to indemnify and hold us, and our subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
GENERAL TERMS AND CONDITIONS
This Agreement will remain in full force and effect while you use the Services. We can suspend or terminate your access to the Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. The Applications are intended for general adult audiences and you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this agreement and to use the Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Application and Services. By accessing the Applications or Services, you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, through contracts, e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. We reserve the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. We also reserve the right to change, modify, discontinue, suspend or abandon the Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. The Applications and Services are controlled from facilities in the United States. We make no representations that the Applications or Services are appropriate or available for use in other locations. Those who access or use the Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on the Site with a new ”Last Updated” date shown. All such changes in the Terms shall be effective from the ”Last Updated” date shown. Your continued use of the Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Applications and/or Services. Note that special terms or rules may apply to some services offered on the Site or the Applications. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms, our Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Applications or otherwise communicated to users of the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
RESOLUTION OF DISPUTES
These Terms shall be governed by and construed in accordance with the laws of the State of Texas without application of conflict of laws rules. In the event a dispute arises between us, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at clientservices@fugitiveforce.com. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed.
INSTEAD OF SUING IN COURT, EACH PARTY AGREES TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. You agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content accessible from the Applications; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls ("Claim(s)") which cannot be settled through the Customer Care Department, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”). A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to us shall be sent to the following email address: clientservices@fugitiveforce.com. All notices to you will be sent to the email address you provide to us. Upon receipt of such Notice of Dispute, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the JAMS (“JAMS”) under its rules and procedures, including the JAMS Commercial Arbitration Rules. These rules and procedures are available by calling the JAMS or by visiting its web site at www.jamsadr.com. For any non-frivolous claim that does not exceed $10,000 we will: (1) pay all costs of the arbitration; and (2) if you prefer will conduct the arbitration by telephone. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
This arbitration agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
VENUE
The parties hereby irrevocably consent to the exclusive jurisdiction of the State of Texas and agree that any litigation arising out of this agreement, whether in arbitration or judicial proceedings, shall be conducted in Comal County, Texas.
EXCEPTION
Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
SURVIVAL
This arbitration provision shall survive termination of this agreement.
SEVERABILITY
If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.
CONTACT US
If you have any questions or concerns, please contact us at: clientservices@fugitiveforce.com