Terms of Use

Sex Offender Disclaimer
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PING 4 INC. MAKES NO REPRESENTATION, IMPLIED OR EXPRESSED, THAT ALL SEXUAL OFFENDER INFORMATION IS ACCURATE OR TIMELY AS ALL DATA IS PROVIDED VIA OFFICIAL PUBLIC RECORDS. PING4 INC. DISCLAIMS AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR DAMAGES OF ANY KIND RESULTING FROM RELIANCE ON THIS INFORMATION OR LACK THEREOF. THIS INFORMATION IS PROVIDED AS A PUBLIC SERVICE AND IT IS NOT TO BE USED TO THREATEN, INTIMIDATE OR HARASS AS MISUSE OF THIS DATA MAY CAUSE CRIMINAL PROSECUTION.

Users are advised that it is incumbent upon them to verify information with responsible state or local law enforcement agencies. Each state has its own information collection policies and usage conditions policies that User should review before use.  Information displayed sets forth no representation as to the proclivity of an offender to commit future crimes. Certain applicable statutory laws control the specific criminal offenses that require registration. User is also advised that data displayed may not reflect current residence or other information and that other individuals who are not sex offenders may share the same name.

Information shall not be used to commit a crime or to engage in illegal discrimination or harassment of an offender.  Any person who uses information disclosed for such purposes shall be punished by imprisonment or by a fine or by both.  In addition, any person who uses offender registry information to threaten to commit a crime may be punished by a fine or by imprisonment.

Terms and Conditions
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The following Terms and Conditions govern your use of this Ping4 Inc. web site and the materials accessible on or from the site. Please read them carefully before using the site. Your use of the site means that you accept these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the Ping4 web site or the Ping4 services.

READ THESE TERMS AND THE Ping4 PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.

This Services Agreement (the “Agreement”) is made and entered into between you (the “USER”) and Ping4 Inc. (“Ping4″). Use of the Service (as defined below) signifies USER’s agreement to the terms and conditions set forth in this Agreement.

Ping4 Inc. USER TERMS AND CONDITIONS OF USE, PRIVACY, AND COPYRIGHT

1.         SERVICE DESCRIPTION/GRANT OF LIMITED LICENSE USAGE RIGHTS/OWNERSHIP OF SERVICE.

As used herein, the term “Service” refers to Ping4 Inc., ping4alerts! service. All software provided or access to the Service is licensed hereunder by Ping4 Inc. to the USER to enable use of and access to the ping4alerts! service and all modifications, updates, and revisions thereof. Ping4 Inc. grants USER a non-exclusive, non-transferable, non sub-licensable, revocable, limited, fee based license to use the Service for the license term as agreed upon by USER and Ping4 Inc. Ping4 Inc. may, in its sole discretion, change the functions and capabilities of the Service at any time. USER acknowledges and agrees that Ping4 Inc. retains all title, copyright, patent rights and other proprietary rights in and to the Service and related documentation and computer code, including, without limitation, all copies, modifications, translations and other derivative works that duplicate or are based on the Service or components thereof, and that the Service is proprietary to Ping4 Inc. Ping4 Inc. reserves all rights not expressly granted herein and no other rights and licenses are granted or deemed to be granted hereunder. By its usage of the “Service” USER expressly agrees to these user terms and conditions of use, privacy, and copyright.

2.         RESTRICTIONS ON USE, PROHIBITED USES and USER CONTENT

USER represents and warrants that (a) only authorized USERS will access the Service solely in connection with USER’S exercise of the limited usage license rights granted hereunder; (b) USER’S Service account will not be transferred to, or used on behalf of, another party or entity (c) USER will not remove any copyright, proprietary rights or other notice included in or on any portion of the Service, computer code or documentation; (d) USER will not distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Service to any third party or reproduce or create derivative works based upon the Service or any portion thereof; (e) neither USER nor any of its employees, subcontractors or other personnel will attempt to reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to discover the source code of Ping 4 Inc. software; (f) USER will not use the Service in a manner that is prohibited by any law or regulation. USER is solely responsible for the content of any information it reviews or makes available by means of the Service. USER expressly agrees that Ping4 Inc. shall not be liable for any action Ping4 Inc. takes to review, record or replay material posted by any party or to remove or restrict access to such material judged by Ping4 Inc. in its sole discretion to be in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law, prohibitions on libel, slander and invasion of privacy, or laws pertaining to unfair or deceptive trade practices. Third party materials accessible to USER through the Service shall be subject to intellectual property rights of owner. USER acknowledges that it may be temporarily disconnected from or logged off of the Service, either due to a system failure or because of USER inactivity and that Ping4 Inc. shall have no liability in connection with any such disconnection or log off. USER is responsible for all charges associated with connecting to the Service.

3.         INDEMNIFICATION

USER hereby agrees to indemnify and hold harmless Ping4 Inc. and its employees, licensors, independent contractors, providers, subsidiaries and affiliates, from and against any and all liability and costs (including, without limitation, Ping4 Inc. attorneys’ fees and costs) incurred by any of them in connection with any direct or third party claim arising out of any breach by USER of the representations and warranties of this Agreement. USER shall cooperate as fully as reasonably required in the defense of any claim.

4.         DISCLAIMER OF WARRANTY

THE SERVICE INCLUDING ALL CONTENT, USAGE OF THE Ping4 Inc. SERVICE, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF NON-INFRINGEMENT OR BREACH OF DATA SECURITY TO THE FULLEST EXTENT PERMISSIBLE BY LAW. Ping4 Inc. MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE UNDER ANY CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICE INCLUDING, BUT NOT LIMITED TO, Ping4 Inc.’s NEGLIGENCE AND OR FAILURE TO ISSUE ALERTS OR NOTICES. Ping4 Inc. WILL NOT BE LIABLE FOR ANY FAILURE OF OR DELAY IN PERFORMANCE DIRECTLY OR INDIRECTLY CAUSED BY ACTS OF THE USER, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS, CAUSES BEYOND THE CONTROL OF Ping4 Inc., INCLUDING BUT NOT LIMITED TO ACTS OF GOD AND GOVERNMENTS AND FAILURES OF THE INTERNET OR THE COMPONENTS THEREOF. Ping4 Inc. DOES NOT ASSUME ANY LIABILITY, RESPONSIBILITY, OR RISK FOR USER’S USE OF ANY ASPECT OF THE Ping4 Inc. SERVICE. USER AGREES TO ASSUME ALL OF THE RISKS IN USING THE Ping4 Inc. SERVICE. Ping4 Inc. MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT USER WILL BE CONTACTED BY ANY COMMERCIAL PARTY OR GOVERNMENTAL AUTHORITY OR THAT IF CONTACTED, THE INFORMATION PROVIDED WILL BE ACCURATE. Ping4 Inc. RESERVES THE SOLE RIGHT TO MODIFY OR DISCONTINUE THE SERVICE AT ANY TIME WITH OR WITHOUT NOTICE TO USER. Ping4 Inc. WILL NOT BE LIABLE TO USER OR ANY THIRD PARTY SHOULD Ping4 Inc. EXERCISE SUCH RIGHT. USER ACKNOWLEDGES THAT Ping4 Inc. HAS NO CONTROL OVER THE CONDUCT OF ANY COMMERCIAL PARTY OR GOVERNMENTAL AUTHORITY OR OTHER THIRD PARTIES OR FOR THE ACCURACY OF THEIR NOTIFICATIONS. Ping4 Inc. SHALL NOT BE LIABLE FOR THE ACCURACY OR DELIVERY TIME OR CONTENT OF NOTIFICATIONS.

5.         LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Ping4 Inc. BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF Ping4 Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Ping4 Inc. BE LIABLE FOR DAMAGES OF ANY KIND RELATING IN ANY WAY TO THE Ping4 Inc. SERVICE OR FOR ANY COMMERCIAL PARTY’S OR GOVERNMENTAL AUTHORITY’S OR THIRD PARTY’S NOTIFICATIONS OR COURSE OF CONDUCT.  BASED UPON USER’S LICENSED USE OF THE Ping 4 Inc. SERVICE, USER’S SOLE REMEDY FOR ANY CLAIMS WITH RESPECT TO ANY ASPECT OF THE SERVICE, IS TO CEASE USER’S USE OF THE SERVICE. DIRECT MONETARY DAMAGES FOR ANY PROVEN CLAIM, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION, SHALL BE EXPRESSLY LIMITED BY THE TOTAL AMOUNT OF REVENUE PAID BY USER TO Ping4 Inc. DURING THE THEN CURRENT LICENSE TERM. OTHER THAN SET FORTH HEREIN, USER RELEASES Ping4 Inc. FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN THEIR ENTIRETY.

6.         GENERAL

Ping4 Inc. has the right to modify these usage terms and conditions. Any modification is effective upon posting on the Service Home Page ((http://www.ping4.com), or immediately upon notice by electronic mail, or U.S. mail. USER’S continued use of the Ping4 Inc. service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). USER’S only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Ping4 Inc., including, without limitation, (i) any change in the content of the Service, or (ii) any change in the amount or type of license fees, if any, is to terminate use of the Service. These usage terms and conditions (including the Ping4 Inc. Privacy Policy) constitutes the agreement of all usage terms and conditions between the USER and Ping4 Inc. and supersedes all prior usage terms and conditions between the USER and Ping4 Inc. Failure by Ping4 Inc. to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the State of New Hampshire without regard to its conflicts of laws principles. Any dispute arising out of or in connection with this Agreement or USER’S use of the Service will be filed and prosecuted exclusively in a court of competent subject matter jurisdiction in Concord, New Hampshire. USER consents to personal jurisdiction of such courts over it, and covenants not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. The Service is operated from Ping4 Inc. servers in the United States. USER is responsible for compliance with the laws of the jurisdiction in which it is located. In no event shall USER use the Service in any location where such use is prohibited or restricted by local law or where Ping4 Inc. would incur a tax or fee obligation that would not be paid by USER. USER may not use or export the Service or the products thereof in violation of United States laws and regulations, including, without limitation, export administration regulations. Ping4 Inc. may assign this Agreement in its sole discretion at anytime.

PRIVACY POLICY

Ping4 Inc. is the sole owner of the information collected on its website, including geo-location data. Ping4 Inc. will NOT sell, disclose or rent this information to others in ways different from those that are disclosed in this statement. Ping4 Inc. collects information from Ping4 Inc. USERS at several different points on the Ping4 Inc. website. User hereby grants the irrevocable right to Ping4 Inc. to archive the geo-location data collected by Ping4 Inc. Ping4 Inc. uses log files to improve and implement the Ping4 Inc. service, analyze trends, administer the site, track anonymous usage, and gather broad demographic information for aggregate use. Ping4 Inc. may share aggregated demographic information with our partners and any advertiser. This is not linked to any personal information that can identify any individual person. Ping4 Inc. may partner with other parties to provide specific supplemental services.

If Ping4 Inc. decides to change Ping4 Inc.’s privacy policy, Ping4 Inc. will post those changes in the Privacy section of the Ping4 Inc. web site so Ping4 Inc. USERS are always aware of the information Ping4 Inc. collects, how Ping4 Inc. uses it, and under which circumstances, if any, Ping4 Inc. discloses it. If at any point Ping4 Inc. decides to use information in a manner different from that stated at the time it was collected, Ping4 Inc. will notify USERS by email. USERS will have a choice as to whether or not their information is used in this different manner. Ping4 Inc. will use information in accordance with the privacy policy under which the information was collected.

Any Documents on the Ping4 Inc. web sites (e.g., press releases, data sheets, product descriptions and FAQs) are the copyrighted work of Ping4 Inc. and/or its suppliers and is protected under U.S. and worldwide copyright laws and treaty provisions.

Any licensed materials (e.g., software) that USER downloads from the Ping4 Inc. web site are governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original materials licensed by USER which USER is updating, and by downloading such licensed materials, USER agrees to abide by the terms of the license. Any reproduction or redistribution of such software or materials not in accordance with the applicable license is expressly prohibited by law. Except as expressly granted herein, Ping4 Inc. and its suppliers do not grant any express or implied right to USER under any patents, copyrights, trademarks, or trade secret information of Ping4 Inc. All content provided to Ping4 Inc. by partners, the partners’ logos, product and other trademarks are the property of each respective partner, with all rights reserved.

© Copyright 2014 Ping4 Inc. All Rights Reserved.