By logging into and using 3VR CrimeDex®, you agree to all of the terms and conditions set forth in the Service Agreement signed by you or your employer company or agency.
Please remember that you may only submit information into 3VR CrimeDex that you reasonably believe is relevant to a violation of a statute or regulation. Also, you may not use any information in 3VR CrimeDex to establish reasonable suspicion, probable cause or any other evidentiary standard in any legal proceeding. Furthermore, you may not use information in 3VR CrimeDex to determine an individual’s eligibility for consumer credit, insurance, employment or any other “permissible purpose” as defined by the Fair Credit Reporting Act.
Entry into the investigator portion of 3VR CrimeDex and computer systems is limited to CrimeDex Investigators and their authorized employees. If you are not a 3VR CrimeDex Investigator or an authorized employee, you are not permitted to access any portion of the 3VR CrimeDex site, databases, or computer systems and you will be subject to criminal prosecution and civil liability for such unauthorized access.
It is 3VR’s policy to respect and protect the privacy of its Clients. 3VR will not intentionally disclose a Client’s name, email address, street address, telephone number or other identifiable Client information to any third party without the Client’s permission. 3VR may, however, collect and share demographic and other generic information about its visitors and customers. This policy statement explains how 3VR collects information from Clients and how 3VR uses that information.
Information Collection and Use
3VR is the sole owner of the information collected on this site (other than Records, as defined below, to which 3VR has licenses). 3VR does not sell, share, or rent this information to others except as disclosed in this statement or in Clients’ Service Agreements.
Collection and Use of Client Information
In order to become a Client, a user must first register with 3VR. During registration, the user is required to give their contact information, such as the user’s name, address, contact information, credit card number and other descriptive data of the user. We refer to this data as “Client Information”. 3VR will not disclose any personally identifiable Client Information to any outside organization unless 3VR believes in good faith that the law requires it or 3VR needs to do so to maintain, service and improve our services. However, 3VR will provide personally identifiable Client Information to other Clients, as further described in the following section.
3VR may share certain Client Information with advertisers, business partners, sponsors and other third parties. However, that information will be statistical in nature and will not include Client Information that is identifiable to a particular Client. 3VR uses the Client Information to, among other things, customize products, Web site content, services and advertising to better suit the needs of its Clients.
From time to time, 3VR may send email messages to its Clients. These messages may include informational newsletters, updates on services we provide, changes to terms of service, all points bulletins, and other information we believe may be of interest to our Clients ( “Client Notices”). 3VR may use a bulk email service to distribute Client Notices. If you do not want to receive Client Notices (other than those affecting terms of service), please indicate that preference on the Client registration page or email 3VR at email@example.com and place the word “unsubscribe” in the subject line of your email.
We utilize Client Information to charge Client for goods or services Client chooses to purchase, to verify Client’s identity in the event that Client forgets a password or access code, to track and verify compliance with 3VR policies and applicable law and to solicit feedback from Clients about 3VR, its products, services and Web site. If the Client uses a credit card to pay for a product or service, 3VR will charge Client’s credit card account for the purchase price of the product or service.
3VR may outsource some of its collateral services, such as credit card processing, product shipping, and security services. 3VR will provide Client Information to these outside service providers only to the extent necessary to perform the services. 3VR will use its best efforts to insure that these service providers safeguard any Client Information.
Collection and Use of Profile Information Provided by Clients
3VR’s core service is collecting and organizing data (“Records”) provided by Clients and making those Records available to other Clients. 3VR makes all information contained in Records, including Client Information available to other Clients. Additionally, 3VR will make records available to outside organizations if it believes in good faith that the law requires it or 3VR believes it needs to do so to maintain, service and improve our services.
Upon a Client’s first visit to 3VR’s Web site, the Web site may send “cookies” to the Client’s computer. A cookie is a file that identifies the Client as a unique user. It stores personal preferences and user data. A cookie does not identify a Client’s name.
Most Internet browsers are initially set up to accept cookies. Clients can reset their browsers to refuse all cookies or to indicate when a cookie is being sent. Some 3VR services may not function properly if cookies are disabled. For example, without cookies, you may not be able to set customized searches, personalized news preferences, or other customized preferences. Nonetheless, it is not a requirement of 3VR that your browser be enabled to accept cookies.
Links to Other Web Sites
When our Clients visit 3VR’s Web site, Clients could be directed to other Web sites not owned, operated or controlled by 3VR. For example, if a Client “clicks” on a banner advertisement link, the “click” may take the Client from 3VR’s Web site to the Web site of that advertiser. Those other Web sites may not have privacy policies or may have privacy policies that are not as protective of Client Information as 3VR’s policy. These other sites may send their own cookies to visitors’ computers to collect data or solicit personal information. 3VR strongly recommends that Clients review and understand the privacy policies of the Web sites that Clients visit, whether Clients visit those Web sites directly or through a link from an 3VR Web page.
Policy Regarding Children
3VR’s Web site is for people 18 years of age and older. If any person accessing 3VR’s Web site is under 18 years of age, that person must not submit any information to 3VR or purchase goods or services from us without the consent of a parent or guardian. 3VR does not intentionally collect or display any information about children.
This Web site takes every precaution to protect Client Information. When Clients submit sensitive information via the Web site, that information is protected both online and offline.
When our registration form asks Clients to enter sensitive information (such as credit card number and/or employer identification number), that information is encrypted and so the page is secure. On secure pages, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer is active, showing the page locked. Ordinarily as when you are just ‘surfing’, the lock icon is “unlocked”.
In addition to using encryption software to protect sensitive information online, we protect Client Information offline. All Client Information, not just the sensitive information mentioned above, is restricted in our offices. We require employees, agents and independent contractors having access to Client Information to sign nondisclosure agreements. Only employees who need particular Client Information to perform a specific job are granted access to that Client Information. All employees are kept up-to-date on our security and privacy practices. The servers on which we store personally identifiable Client Information are kept in a secure environment.
If you have any questions about our security, you can send an email to firstname.lastname@example.org.
Copyright © 2013 - CrimeDex®. CrimeDex® is a registered trademark of 3VR Inc. All rights reserved.
This Service Agreement (this “Agreement”) is a legally binding agreement between you and your organization (the “Client”) and 3VR Security, Inc (“3VR”), a California corporation, located at 475 Brannan Street, Suite 430, San Francisco, CA. 94107. These are the only terms and conditions applicable to your use of 3VR’s browser-based software and searchable database of information about crimes and suspected criminals known as CrimeDex® and CrimeDex Alerts, available at www.crimedex.com (the “3VR Web Site”), and your relationship with 3VR. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.
3VR may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.
By clicking the “I Agree” button on the computerized version of this Agreement and using CrimeDex or CrimeDex Alerts, you indicate your acceptance of this Agreement. If you do not agree to the terms of this Agreement, do not click the “I Agree” button and do not use CrimeDex or CrimeDex Alerts.
3VR maintains a searchable database of information about crimes and suspected criminals (“CrimeDex®”) at www.3VR.net (the “3VR Web Site”). 3VR wishes to have additional reliable information about crimes and suspected criminals (“Records”) added to CrimeDex and Client wishes to enter certain of its Records (“Client Records”) into CrimeDex and to access information in CrimeDex.
3VR operates an email alerts system (“CrimeDex Alerts”) about crimes and suspected criminals. 3VR wishes to have additional reliable information about crimes and suspected criminals (“Alerts”) added to CrimeDex and distributed through the Alerts email network, and Client wishes to enter certain of its Records (“Client Records”) into CrimeDex as Alerts and to receive Alerts. Client agrees to the terms and conditions set forth below.
License to 3VR
Client grants to 3VR an irrevocable, transferable, royalty-free, perpetual, worldwide license to use, modify, reproduce in any medium, translate, delete and distribute Client Records and to sublicense those rights to others in connection with the prevention of crime and the identification, apprehension and conviction of criminals.
Use of and Access to CrimeDex and CrimeDex Alerts
3VR will provide to Client who signs up for CrimeDex a separate unique password (“Password”) for use by each individual designated by Client and approved by 3VR (each, an “Investigator”). Clients who sign up for the CrimeDex Alerts service will not receive a password and will have no access to the CrimeDex databases and services other than the email CrimeDex Alerts service. Each individual designated by Client and approved by 3VR for the CrimeDex Alerts service (each, an “Alerts Member”) will receive CrimeDex Alerts by email.
Subject to Client’s and each Investigator’s compliance with the terms and conditions in this Agreement, 3VR grants to each Investigator, and Client on behalf of each Investigator accepts a nonexclusive, nontransferable license to access CrimeDex, to view Records located in CrimeDex, to enter Client Records into CrimeDex, to modify Client Records in CrimeDex, and to create, send, and receive CrimeDex Alerts (each, an “Investigator License” and collectively, the “Investigator Licenses”).
Subject to Client’s and each Alerts Member’s compliance with the terms and conditions in this Agreement, 3VR grants to each Alerts Member, and Client on behalf of each Alerts Member accepts a nonexclusive, nontransferable license to create, send, and receive CrimeDex Alerts (each, an “Alerts License” and collectively, the “Alerts Licenses”).
Use of and Access to CrimeDex for Investigator Licenses.
3VR will provide to Client a separate unique password (“Password”) for use by each individual designated by Client and approved by 3VR (each, an “Investigator”). Investigator License membership includes Full access to all CrimeDex Databases, Alerts, and the Alerts Library. Up to 5 email addresses are included to receive Alerts per license.
Use of and Access to CrimeDex Alerts for Alerts Licenses
3VR will provide to Client a method for use by each individual designated by Client and approved by 3VR (each, an “Alerts Member”) to send and receive CrimeDex alerts. Access to the online CrimeDex databases and Alerts Library is not included. Up to 5 email addresses are included to receive Alerts.
Client may use CrimeDex or any Records or Alerts solely for the prevention of crime and the identification, apprehension and conviction of criminals (the “Limited Purpose”).
You, and on Client’s behalf, represent and warrant that (i) you are authorized to enter into this Agreement; (ii) your execution, delivery and performance of your rights and obligations under this Agreement do not breach or violate any law or regulation of any governmental entity, and (iii) you are an employee of, and Client is either a federally or state chartered financial institution; or a business with a net worth of at least $5 million as determined in accordance with generally accepted accounting principles; or a police or sheriff’s department; or an administrative agency with civil or criminal investigative powers or similar entity of any state, commonwealth or territory of the United States; or a law enforcement agency or administrative agency with civil or criminal investigative powers of the United States government, a criminal justice research institute, or an association comprised of the above.
Client will keep confidential, to the extent permitted by law, (i) all Passwords, (ii) the terms of this Agreement, except in circumstances where Client is required by state public records laws, or their equivalent, to disclose this Agreement and, if so required, disclosure is permitted only to the extent required by law; (iii) information about the design of CrimeDex; and (iv) all other information that Client should reasonably understand to be confidential. Client will keep confidential all Records, except to the extent necessary for Client to use the Records for the Limited Purpose. The obligations of confidentiality imposed upon Client under this Agreement will survive the expiration or earlier termination of this Agreement. If an employee or former employee of Client, or any other person affiliated with Client breaches the obligations of confidentiality under this Section, Client will notify 3VR and assist 3VR in enforcing the confidentiality obligations of this Agreement against such person.
Client will use their best efforts to ensure that all Client Records and Alerts entered into CrimeDex (i) are true, accurate and complete; (ii) do not infringe upon the intellectual property, proprietary, privacy or other rights of any person; (iii) do not violate any law or regulation; (iv) are not obscene, defamatory or otherwise tortious; and (v) do not contain viruses or other potentially destructive code.
CrimeDex and 3VR Web Site
Client will not (i) modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise translate all or any part of CrimeDex or the 3VR Web Site; (ii) sublicense, sell, rent, lend, lease or otherwise distribute all or any part of CrimeDex or the 3VR Web Site; (iii) create derivative works based upon CrimeDex or the 3VR Web Site or any proprietary information or trade secrets of 3VR; and (iv) use or disclose any information pertaining to the design of CrimeDex or the 3VR Web Site, other than in strict accordance with this Agreement.
Client will not use the 3VR Web Site to send unsolicited bulk or junk email, including email advertising, offering, or endorsing goods and/or services. Client will not collect or aggregate information about other 3VR customers or in any way use information about other 3VR customers for any purpose other than the Limited Purpose. Client will not use any information in CrimeDex in a manner that violates any Federal, state or local laws or regulations. Client will not modify any Records in CrimeDex other than Client Records.
Fees, Charges and Payment Terms
Client will pay annually for the Investigator License Fees or Alerts License Fees (collectively, the “Fees”) through the CrimeDex website, www.crimedex.com , in the amount offered at that time. 3VR may change the Investigator License Fee or Alerts License Fee by giving Client written notice at least thirty (30) days before the renewal of the annual license. The new annual Investigator License Fee or Alerts License Fee will be effective on the anniversary date of the annual license.
Thirty Day Trial
Client will have thirty (30) days from the Effective Date (the “Trial Period”) to use CrimeDex pursuant to the terms granted in this Agreement. At the end of the Trial Period, 3VR will send a refund for the Annual Investigator License Fees or Alerts License Fees paid if Client has provided 3VR with formal notice of termination before the end of the Trial Period. After the Trail Period there will be no refund of the Investigator Fee.
Client will retain ownership of all Client Records. 3VR will be the sole owner of CrimeDex (except for Records, to which 3VR has a license) and the 3VR Web Site and all other intellectual property associated with CrimeDex and the 3VR Web Site, including all improvements, derivative works, ideas or any intellectual property right. 3VR is free to use any improvements contained in any communication sent to 3VR for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.
3VR will not publish or otherwise make available to third parties aggregate information about Client that specifically identifies Client. However, Client understands that each Client Record may be attributable to Client and that other customers of 3VR may be able themselves to create such aggregate information about Client. It is a violation of this agreement for any Client to create aggregate information about any other 3VR Client.
Indemnification By Client
To the extent permitted by law, you and Client agree to indemnify, defend and hold harmless 3VR, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the 3VR Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Service Agreement by Client.
Client understands and agrees that with respect to information contained in CrimeDex or CrimeDex Alerts, 3VR is an online service provider and as such is acting solely as an intermediary for Client and 3VR’s other customers. 3VR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE 3VR WEB SITE, CRIMEDEX, CRIMEDEX ALERTS, OR THE INFORMATION CONTAINED IN CRIMEDEX OR ANY OTHER SERVICES OFFERED BY 3VR UNDER THIS AGREEMENT, AND CRIMEDEX AND ALL OTHER SERVICES PROVIDED BY 3VR ARE “AS IS” WITHOUT ANY IMPLIED WARRANTIES OF ANY KIND. 3VR DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
If as the result of any act or omission that is within 3VR’s reasonable control, CrimeDex is unavailable to Investigators for a period of longer than six hours during any calendar day, 3VR will refund to Client, upon request, the portion of the Fees paid by Client and received by 3VR that are attributable to the period that CrimeDex is unavailable. 3VR WILL HAVE NO OTHER LIABILITY TO CLIENT OR ANY OF ITS AFFILIATES FOR ANY OTHER CLAIM, WHETHER DIRECT OR INDIRECT AND WHETHER UNDER CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL CLIENT OR 3VR OR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT.
Term and Termination
This Agreement will begin when you click “I Agree”, and will continue until it is terminated in accordance with this Section or during the Trial Period. Either party may terminate this Agreement or any Licenses without cause by providing written notice of termination to the other party. Such termination without cause is effective thirty (30) days after receipt of written notice of termination by the non-terminating party. Either party may terminate this Agreement or any Licenses upon any material breach of this Agreement by the other party. Termination will be effective immediately upon the date the nonbreaching party sends notice describing in reasonable detail the nature of the breach and the nonbreaching party’s intent to terminate this Agreement or any Licenses. Upon termination of this Agreement by either party for any reason, all Licenses granted to Client under this Agreement will immediately terminate. Upon termination of any Licenses, 3VR may immediately terminate that Investigator’s right to access CrimeDex. All provisions of this Agreement that, by their nature, require performance beyond the termination will survive the termination of this Agreement or any License.
Neither party may assign or transfer this Agreement or any rights or obligations under this Agreement without the prior written consent of the other party except in the event of a merger, consolidation or sale of substantially all of its assets and upon reasonable notice to the other party. This Agreement is binding upon Client and 3VR and their permitted successors and assigns. Each provision of this Agreement will be treated as a separate and independent clause, and the unenforceability of any one clause will in no way impair the enforceability of any of the other clauses in this Agreement. Any waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach of such provision or any other provision of this Agreement.
3VR is performing services for you and Client as an independent contractor. Nothing contained in this Agreement will be deemed to make either 3VR or you or Client an agent, representative, partner, joint venturer or employee of the other. Neither party has the authority to bind the other, or to incur any liability or create any obligation on behalf of the other.
For purposes of all notices and other communications required or permitted to be given under this Agreement, the address of 3VR is as indicated in the preliminary paragraph of this Agreement and your address is as set forth on the information card you completed before gaining access to this Agreement. All notices will be in writing and will be deemed to have been duly given if sent by (i) email with an affirmative confirmation of receipt by the other party; or (ii) facsimile, the receipt of which is confirmed by return facsimile; or (iii) if sent by first-class registered or certified mail or equivalent, return receipt requested, addressed to the parties at their respective addresses.
If this Agreement becomes the subject of any controversy, claim, or dispute, the parties will endeavor to settle such matter through good faith negotiations. If the matter is not resolved within 60 days after initiation by either party of good faith negotiations, such controversy, claim, or dispute will be resolved by arbitration in Portland, Oregon in accordance with the rules of the Arbitration Service of Portland. The arbitration award will be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration. Notwithstanding the preceding, either party may apply to a court for an injunction or other equitable relief.
Governing Law, Consent to Personal Jurisdiction
This Agreement will be governed by and interpreted in accordance with California law without regard to conflicts of law principles and without application of any international treaties or conventions, including the Convention on the International Sale of Goods. If for any reason any controversy, claim, or dispute arising out of or relating to this Agreement is to be resolved in a court of law or equity, you and 3VR each hereby irrevocably submit to the jurisdiction of any state or federal court sitting in San Francisco County, California, and hereby waive any objection to jurisdiction and venue in any such court, and waive any claim that such forum is an inconvenient forum.
If any action or proceeding, including any arbitration, is brought with respect to this Agreement, the prevailing party will be entitled to its reasonable attorney fees as determined by the arbitrator(s) or court(s) in which the action or appeal is tried or heard. The prevailing party will have the right to recover reasonable attorney fees incurred through the final determination of the matter, including appeals and any other post judgment proceedings.