Terms of Use

Acceptance of Terms
CitizenObserver, LLC makes available for your use on this website (the “Site”) information, documents, software and products and various services (collectively the “Services”). Subject to the terms and conditions contained in these Terms of Use (the “Agreement”) CitizenObserver, LLC agrees to host the Services. We ask that you read through the entire Agreement. By accessing or using the Services, you agree to be bound by this Agreement. CitizenObserver, LLC reserves the right to amend this Agreement from time to time at its sole discretion. Your use of the Site will be subject to the most current version of this Agreement posted below at the time of such use, and to the general Terms and Conditions of Use (the “Terms and Conditions”) applicable to all users of the Site.

Terms and Conditions of Use:

Limited License
The Services are protected by copyright and/or other intellectual property laws and any unauthorized use of the Services may violate such laws. Except as expressly provided in this Agreement, neither CitizenObserver, LLC, nor any of its licensors or suppliers grant any express or implied right to you under any patents, copyrights, trademarks or trade secret with respect to the Services. Except as specifically permitted herein, no portion of the information, content or software contained on or accessible via the Site may be reproduced in any form or by any means without the prior written permission of CitizenObserver, LLC.

Use of Software
The software and any accompanying documentation that are made available to you for use on the Site are the copyrighted work of CitizenObserver, LLCand/or its licensors. You will not be able to download or install the software, but will be allowed to access the software at the Site. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any software available to you on the Site.

Breach
Without limiting our other remedies, we may immediately suspend or terminate your access to the Site and refuse to provide our services to you if (i) you do not comply with this Agreement or (ii) we believe that your actions may cause legal liability for you, our users or us.

Content, Privacy and Security
We are concerned about the privacy of our users. All User Content is subject to our Privacy Policy.
You acknowledge that we have the right to monitor the Site, but do not regularly monitor or edit User Content. You agree that we may preserve User Content you provide to us and may disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any User Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of us or others.

Account Security
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You are responsible for all uses of your account. Your right to use the Services is not transferable without CitizenObserver, LLC’s consent.

Site Modifications
We reserve the right at any time to modify, temporarily or permanently, the Site (or any part thereof). You agree that we shall not be liable to you or to any third party for any modification of the Site.

Text Message Tips
To text a tip to your agency/group, just text your group keyword and your tip to 847411 (tip411). For example, to send a tip to Boston University, text BU and your message to 847411 (tip411).
Contact your group/agency for the keyword to use.
This is a one-off program; you will not receive future messages from Tip411
Message & Data Rates May Apply.

For questions about CitizenObserver’s tip411 program please send us an email including your cell phone number to support@citizenobserver.com.

To end your tip dialogue/opt-out, text STOP to 847411 (tip411).

Carriers that support this program include Alltel, Boost, AT&T, MetroPCS, Nextel, Sprint, T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile US, ACS Wireless, All West Wireless, Amerilink Wireless, Appalachian Wireless, Arch Wireless, Bluegrass, Cellcom, Cellular One, Cellular South, Centennial, Central Wireless, Cincinnati Bell, Cox Communications , Cricket, CTC Telecom, Dobson Cellular, ECIT, Edge Wireless, FMTC , Immix, Inland Cellular, Illinois Valley Cellular, Iowa Wireless, Metrocall US, Mid-Tex Cellular , Midwest Wireless, NNTC , North Coast PCS, Ntelos, Pacific Bell, Revol, Rural Cell, Qwest Wireless, Silverstar, Snake River PCS, South Central , Southwestern Bell, Suncom, Syringa , Triton PCS, UBET, US Cellular, West Central Wireless, Western Wireless.

Community Group – Applies to tip411 Pro, Select & Bundle Subscription Only

Submissions of Content by Community Group
In order to allow your community group to create and maintain a website for crime prevention (the “Group Site”), you will be offered Services that accommodate or require user-supplied information, materials or communications (collectively, “User Content”). You grant CitizenObserver, LLC a non-exclusive, worldwide, royalty-free license, in any media now existing or existing in the future, to link to, use, copy, distribute, modify, publicly display, transmit and perform publicly the submitted User Content; provided that we will use the User Content in accordance with our posted Privacy Policy. You retain all other rights in and ownership of User Content submitted by you, subject to the license granted to us in this paragraph.
You may only submit to the Site User Content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. All submission of User Content is subject to the Terms and Conditions. Violation of these restrictions may result in limitations on or termination of your access to the Site.

Community Group’s Obligations
As a user of our Site, you agree to abide by this Agreement and the Terms and Conditions as updated from time to time. You also agree to provide true, accurate, current and complete information about your community group to CitizenObserver, LLC and to notify CitizenObserver, LLC promptly of any changes in the information provided by you or your group’s status. You agree to appoint one or more individuals as a contact for your website that will screen all User Content placed on the Site by or through your group or at your Group Site for compliance with this Agreement and the Terms and Conditions.

Management of Group Site
CitizenObserver, LLC reserves the right, at its sole discretion, to delete or remove User Content from the Site and/or to restrict, suspend or terminate your account and/or access to your Group Site, at any time for any reason without prior notice or liability, and that CitizenObserver, LLC will not be liable to you or any third party for such restriction, suspension or termination.

CitizenObserver, LLC may establish general practices and limits on the use of any Services, or your Group Site, including, but not limited to, limits on retention time, file size, and storage space for User Content and/or your Group Site.

CitizenObserver, LLC shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service or your Group Site.

CitizenObserver, LLC may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, and (ii) the substance of any User Content.

Text Message Alerts
SMS alerts will be delivered from 847411 when your agency sends an alert. Standard message charges apply. Text STOP to stop and HELP for help.

For support, email support@citizenobserver.com or call 1-651-236-8463.

Indemnity
You agree to indemnify and hold harmless CitizenObserver, LLC, its subsidiaries, affiliates, officers, agents, co-branders, other partners, and employees from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any User Content), your Group Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another; provided, however, that your indemnification obligation under this section will be subject to any applicable statutory or common law defenses, immunities, or limits on liability.

Disclaimer of Warranties and Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANAY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CITIZENOBSERVER, LLC MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR YOUR GROUP SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE ACCESSED VIA THE SITE WILL BE CORRECTED.

THE SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. CITIZENOBSERVER, LLC MAY MAKE CHANGES TO THE SERVICES AT ANY TIME, WITHOUT NOTICE. CITIZENOBSERVER, LLC MAKES NO COMMITMENT TO UPDATE OR MAINTAIN ANY MATERIALS ON THE SITE OR ANY SERVICES.

CITIZENOBSERVER, LLC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, SOFTWARE AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THE SITE.
IN NO EVENT SHALL CITIZENOBSERVER, LLC OR ITS LICENSORS, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT CITIZENOBSERVER, LLCHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE SITE.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION ON ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CITIZENOBSERVER, LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

Severability
If any provision of this Agreement or its application to any person or circumstance is held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be enforced to the greatest extent permitted by law.

General Terms
This Agreement and the Terms and Conditions constitute the entire agreement between you and CitizenObserver, LLC pertaining to the subject matter of this Agreement. Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive termination of this Agreement and remain binding on the parties.

Introduction
We take your privacy very seriously. Except as stated in this Privacy Policy, we do not disclose any personally identifiable information about you without your permission.

Your continued use of this site signifies your consent to this Privacy Policy, which may be amended from time to time. If we make any material changes in this Privacy Policy, we will post an announcement on the site.

Information Collected
Although we cannot foresee all instances in which information about you may be collected through the site, currently we expect to collect information in the following circumstances:
(1) During registration: we will collect information about you when you submit your user registration form;
(2) Logging onto the site: a cookie may be stored on your computer;
(3) Working with our technical support team: we may collect information to assist us in correcting your problem;
(4) Services – either free or for a fee: when you sign up for a service from us or one of our authorized partners, we or our partners may ask you for information. If the service requires a fee, we or our partners may also need to ask you for financial information – such as a credit card number;
(5) If you participate in any discussion boards or submit other content to the site: we may collect information from the content you provide;
(6) Optional surveys: we may ask for demographic data, or information about your use of the site.
(7) Purchases: if you make purchases through this site, we or our business partners may ask for information necessary to complete the transaction, such as your name, address, telephone number and credit card number.

Use of the Collected Data
We use the data collected about you and other users of the site on an aggregated basis to do such things as operate and enhance the System. We do not disclose any information which contains personally identifiable information about you to any third party without your permission. However, we may use your information to contact you with newsletters, notices of enhancements to the site, etc. If you prefer not to receive such notices, you can indicate this decision in your user registration data.

Special Disclosure of Information
We may disclose information about you when we believe in good faith that the law requires it or for the protection of our legal rights. We may also disclose information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms and Conditions, or in order to protect someone who we believe may be in danger or at risk of harm.

Some Information is Public
Certain areas of our site, such as discussion boards, are public areas. Information you disclose in such areas becomes public information. You should exercise caution when deciding to publicly disclose your personal information.
Security of Collected Information
We use industry standard efforts to maintain security and confidentiality of your personally identifiable information. We make reasonable business efforts to protect the loss, misuse, and alteration of collected information under our control. If your account with our site is password protected, only you can access it and view the information relevant to your account. You are responsible for maintaining the secrecy of your password and any account information.

Use of Cookies
Cookies are small data files stored on your computer rather than on our site. Most major websites use cookies. We use cookies in connection with the site to help us track your use of the site. If your Internet browser allows you to refuse cookies, you may refuse to accept our site’s cookies. However, doing so may prevent certain portions of the site from working properly.

Contacting Us Regarding Privacy Questions
If you have any questions or concerns about this Privacy Statement and our practices in collecting and using information, please contact us using the following mail address or e-mail address:

Citizen Observer, LLC
55 East 5th Street
Suite 1150
St. Paul, Minnesota 55101
support@citizenobserver.com