BID-OMS-TU
rev.04-en dated
2020-03-05
Please read the terms of this agreement
carefully before using this mobile application. This
agreement sets forth the legally binding terms and conditions for your use of
the Offender Monitoring System (“OMS”) and includes grants of rights,
limitations on our liability and, for certain users, an agreement to arbitrate
disputes. By using our services, you signify consent to these terms of use. If
you do not agree to the terms, please do not partake in any of the below noted
services that are provided through the mobile application. By using our
services, you are agreeing to be bound by the Terms of Use and Privacy Policy.
Welcome to Bridge ID Offender Monitoring System
(“OMS”), a service operated by Bridge ID, LLC (the “Company” or “Bridge ID” or
“we” or “us”). OMS was developed by Bridge ID, which develops identity and
location-based confirmation services for governmental and enterprise customers.
Bridge ID has licensed the use of this OMS mobile application (the “App”)
to users. By accessing OMS application, whether through a mobile device, mobile
application or computer, you agree to be bound by these OMS Terms of Use (this
“Agreement” or “Terms of Use” or “Terms”), whether or not you create an OMS
account. You should also read the OMS Privacy Policy (the “Privacy Policy”),
which is incorporated by reference into this Agreement and available for review
in OMS. If you do not accept and agree to be bound by all the terms of this
Agreement, including the Privacy Policy, do not use OMS. If you have any
questions regarding this Agreement, please contact us using the details
available in the Contact Us section at the end of this Agreement.
This Agreement is an electronic contract that establishes
the legally binding terms you agree to accept to use OMS. By accessing or using
OMS, you accept this Agreement and agree to the terms, conditions and notices
contained or referenced herein and consent to have this Agreement and all
notices provided to you in electronic form. To withdraw this consent, you must
cease using OMS and terminate your account. You are bound by any such revisions
and should periodically review the Terms of Use and Privacy Policy for updates.
OMS is an invitation-only app and requires a valid Personal
Identification Number (“PIN”). OMS is not directed to persons under the age of
13. Any use of OMS is void where prohibited. By accessing and using OMS, you
represent and warrant that you have been invited to utilize this App through a
governmental agency or other authorized provider, and have been provided a
valid PIN to do so, and that you have the right, authority and capacity to
enter into this Agreement and to abide by all of the terms and conditions of
this Agreement. Using OMS may be prohibited or restricted in certain countries.
If you use OMS from outside of the United States, you are responsible for
complying with the laws and regulations of the territory from which you access
or use OMS.
In order to use OMS, you must register using the
PIN provided to you and provide the information that is requested by your
supervising officer. For more information regarding the information we collect
from you and how we use it, please read our Privacy Policy.
To ensure compliance with your use of OMS and thus with the
terms of your Release, you must ensure that your smartphone permits OMS to
function as intended. This includes (i) allowing OMS to send you
notifications, and (ii) allowing OMS to confirm your location and
identity. To this end, you agree to consent to allow the App to (i) access
the Internet to both send and receive data without hindrance; (ii) receive
and display all OMS push notifications on screen, (iii) access the
device’s cameras, (iv) access the device’s calendar; and (v) access
your device’s location at all times. Your failure to do so will be detected by
the App and reported to the Agency, which may be deemed a violation of the
terms of your Release and may lead to revocation of the Release privilege.
This Agreement will remain in full force and effect while
you use OMS and/or have an OMS account. The Company may terminate or suspend
your account at any time without notice if the Company believes that you have
breached this Agreement, or for any other reason, with or without cause, in its
sole discretion. The Company is not required to disclose, and may be prohibited
by law from disclosing, the reason for the termination or suspension of your
account. After your account is terminated for any reason, all terms of this
Agreement survive such termination, and continue in full force and effect,
except for any terms that by their nature expire or are fully satisfied.
OMS is for personal use pursuant to this Agreement only.
Users may not use OMS or any content contained in OMS (including, but not limited
to, content of other users, images, logos, software, audio files and computer
code) in connection with any commercial endeavors, such as advertising or
soliciting any user to buy or sell any products or services not offered by the
Company. Users of OMS may not use any information obtained from OMS to contact,
advertise to, solicit, or sell to any other users without their prior explicit
consent. Organizations, companies, and/or businesses may not use OMS for any
purpose unless specifically authorized to do so by the Company. The Company may
investigate and take any available legal action in response to illegal and/or
unauthorized uses of OMS, including collecting usernames and/or e‑mail
addresses of users by electronic or other means for the purpose of sending
unsolicited e‑mail and unauthorized framing of or linking to OMS.
You are responsible for maintaining the confidentiality of
the PIN as well as any username and password you designate during the
registration process. You are solely responsible for all activities that occur
under your PIN, username, and password. You agree to immediately notify the
Company of any disclosure or unauthorized use of your PIN, username or password
or any other breach of security at legal@bridgeid.com.
(a) You
are solely responsible for your interactions with other users. The company
makes no representations or warranties as to the conduct of users.
(b) The
Company is not responsible for the conduct of any user. As noted herein and
without limiting Sections 13 “Limitation on Liability” and 15 “Indemnity
by User” below, in no event shall the Company, its affiliates or its partners
be liable (directly or indirectly) for any losses or damages whatsoever,
whether direct, indirect, general, special, compensatory, consequential, and/or
incidental, arising out of or relating to the conduct of you or anyone else in
connection with the use of OMS including, without limitation, death, bodily
injury, emotional distress, and/or any other damages resulting from
communications or meetings with other users or persons you meet through, or as
a result of, OMS.
The Company owns and retains all proprietary rights in OMS,
and in all content, trademarks, trade names, service marks and other
intellectual property rights related thereto. OMS contains
copyrighted material, trademarks, and other proprietary information of the
Company and its licensors. You agree not to copy, modify, transmit, create any
derivative works from, make use of, or reproduce in any way any copyrighted
material, trademarks, trade names, service marks, or other intellectual
property or proprietary information accessible through OMS, without first
obtaining the prior written consent of the Company or, if such property is not
owned by the Company, the owner of such intellectual property or proprietary
rights. You agree to not remove, obscure or otherwise
alter any proprietary notices appearing on any content, including copyright,
trademark and other intellectual property notices.
The Company reserves the right at any time to modify or
discontinue, temporarily or permanently, OMS (or any part thereof) with or
without notice. You agree that the Company shall not be liable to you or to any
third party for any modification, suspension or
discontinuance of OMS. To protect the integrity of OMS, the Company reserves
the right at any time and in its sole discretion to block users from accessing
OMS.
You acknowledge and agree that neither the Company nor its affiliates
and third-party partners are responsible for and shall not have any liability,
directly or indirectly, for any loss or damage, including personal injury or
death, as a result of or alleged to be the result of (i) any incorrect or
inaccurate profile information (photo or name) posted in OMS, whether caused by
users or any of the equipment or programming associated with or utilized in
OMS; (ii) the timeliness, deletion or removal, incorrect delivery or
failure to store any content or communications; (iii) the failure to
recognize a user’s facial image or location; (iv) the conduct, whether
online or offline, of any user; (v) any error, omission or defect in,
interruption, deletion, alteration, delay in operation or transmission, theft
or destruction of, or unauthorized access to, any user or user communications;
or (vi) any problems, failure or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of e‑mail or players on account of technical
problems or traffic congestion on the Internet or at any website or combination
thereof, including injury or damage to users or to any other person’s computer
or device related to or resulting from participating or downloading materials
in connection with the Internet and/or in connection with OMS.
To the maximum extent allowed by
applicable law, Company provides the service on an “as is” and “as available”
basis and grants no warranties of any kind, whether express, implied, statutory
or otherwise with respect to the service (including all content contained
therein), including (without limitation) any implied warranties of satisfactory
quality, merchantability, fitness for a particular purpose or non-infringement.
The company does not represent or warrant that the service will be
uninterrupted or error free, secure or that any defects or errors in the
service will be corrected.
Any material downloaded or otherwise
obtained through the use of the service is accessed at your own discretion and
risk, and you will be solely responsible for and hereby waive any and all
claims and causes of action with respect to any damage to your device, computer
system, internet access, download or display device, or loss or corruption of
data that results or may result from the download of any such material. If you
do not accept this limitation of liability, you are not authorized to download
or obtain any material through the service. From time to time, the Company may make information or
content of third parties available through OMS. All third-party content is the
responsibility of the respective authors thereof and should not necessarily be
relied upon. Such third-party authors are solely responsible for such content.
The company does not: (i) guarantee the accuracy, completeness, or
usefulness of any third party content provided through the service, or
(ii) adopt, endorse or accept responsibility for the accuracy or
reliability of any opinion, advice, or statement made by any party that appears
through or in OMS. Under no circumstances will the company or its affiliates be
responsible or liable for any loss or damage resulting from your reliance on
information or other content posted through or in OMS, or
transmitted to or by any users.
OMS may contain, and OMS or third parties may provide,
links to other websites or resources. You acknowledge and agree that the
Company is not responsible for the availability of such external websites or
resources, and does not endorse and is not responsible or liable for any
content, information, statements, advertising, goods or services, or other
materials on or available from such websites or resources. Your correspondence
or business dealings with third parties found in or through OMS, and any other terms,
conditions, warranties or representations associated
with such dealings, are solely between you and such third parties. You further
acknowledge and agree that the Company shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of, or reliance upon, any such content,
information, statements, or services or other materials available on or through
any such website or resource.
To the fullest extent allowed by
applicable law, in no event will the Company, its affiliates, business
partners, licensors or service providers be liable to you or any third person
for any indirect, reliance, consequential, exemplary, incidental, special or
punitive damages, including, without limitation, loss of profits, loss of
goodwill, damages for loss, corruption or breaches of data or programs, service
interruptions and procurement of substitute services, even if the Company has
been advised of the possibility of such damages. Notwithstanding anything to
the contrary contained herein, the Company’s liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to the Company for the service while
you have an account. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
service or the terms of this agreement must be filed within one year after such
claim or cause of action arose or be forever barred.
The exclusive means of resolving any dispute or claim
arising out of or relating to this Agreement (including any alleged breach
thereof) or OMS shall be binding arbitration administered by the American
Arbitration Association. The one exception to the exclusivity of arbitration is
that you have the right to bring an individual claim against the Company in a
small-claims court of competent jurisdiction. You must first attempt to resolve
the dispute with a duly authorized representative of the Company before seeking
resolution through the arbitration or small-claims process. However, whether
you choose arbitration or small-claims court, you may not under any
circumstances commence or maintain against the Company any class action, class
arbitration, or other representative action or proceeding. By using OMS in any
manner, you agree to the above arbitration agreement. In doing so, you give
up your right to go to court to assert or defend any claims between you and
the Company (except for matters that may be taken to small-claims court). you
also give up your right to participate in a class action or other class
proceeding. Your rights will be determined by a neutral arbitrator, not
a judge or jury. You are entitled to a fair hearing before the arbitrator.
The arbitrator can grant any relief that a court can, but you should note that
arbitration proceedings are usually simpler and more streamlined than trials
and other judicial proceedings. Decisions by the arbitrator are enforceable in
court and may be overturned by a court only for very limited
reasons. For details on the arbitration process, see our Arbitration
Procedures. Any proceeding to enforce this arbitration agreement, including any
proceeding to confirm, modify, or vacate an arbitration award, may be commenced
in any court of competent jurisdiction. If, for any reason, this arbitration
agreement is held to be unenforceable, any litigation against the Company
(except for small-claims court actions) may be commenced only in the federal or
state courts located in Cleveland, Ohio. You hereby irrevocably consent to the
jurisdiction of those courts for such purposes. This Agreement, and any dispute
between you and the Company, shall be governed by the laws of the state of Ohio
without regard to principles of conflicts of law, provided that this
arbitration agreement shall be governed by the Federal Arbitration Act. Details
about arbitration procedures can be found at the following website: www.adr.org.
You agree to indemnify and hold the Company, its
subsidiaries, and affiliates, and its and their officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney’s fees, made by any third party due to or arising out of
your breach of or failure to comply with this Agreement (including any breach
of your representations and warranties contained herein), any postings or
content you post through or in OMS, and the violation of any law or regulation
by you. The Company reserves the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with the Company in connection therewith.
The Company may provide you with notices, including those
regarding changes to this Agreement, using any reasonable means, including by e‑mail.
Such notices may not be received if you violate this Agreement by accessing OMS
in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you
accessed OMS in an authorized manner.
This Agreement, along with the Privacy Policy, contains the
entire agreement between you and the Company regarding the use of OMS. If any
provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect. The failure of the Company to exercise
or enforce any right or provision of this Agreement shall not constitute a
waiver of such right or provision. You agree that your online account is
non-transferable and all your rights to your account or contents within your
account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this
Agreement and you may not make any representations or bind the Company in any
manner.
This Agreement is subject to change by the Company at any
time. The Company may at any time revise these Terms of Use by updating this
posting. You are bound by any such revisions and should periodically review the
Terms of Use and Privacy Policy for updates.
If you have any questions about this Agreement, please
contact us by e‑mail at legal@bridgeid.com
or by writing to us at the following address:
Bridge ID, LLC
ATTN: Legal Department
(BID-OMS-TU)
P.O. Box 381
Gates Mills, Ohio 44040-0381
United States of America
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