TERMS OF USE

1. GENERAL

Welcome to this website and/or mobile application which is owned and operated by The Omega Group, Inc., a California corporation located at 5160 Carroll Canyon, Suite 100, San Diego, California 92121 United States of America, (“Omega”). This Terms of Use (“TOU”) constitutes an agreement between you (user) and Omega. You agree to be bound by these TOU and indicate such agreement by any access or use to this website and/or mobile application. If you do not agree with any provisions of these TOU at any time, your sole remedy is to terminate your use.

Through its web and/or mobile properties, Omega provides you with access to a variety of resources and content (collectively, “Omega Services”). With respect to your access and use of the Omega Services, Omega provides its services to you subject to the following Terms of Use (“TOU”) which may be updated from time to time without notice to you and which updates become effective when posted. In addition, when using particular Omega Services, you and Omega shall be subject to any posted guidelines, rules and/or disclaimers which may be posted at applicable Omega Services from time to time and are hereby incorporated by reference into these TOU. In the event that any of these TOU conflict with posted guidelines, rules and/or disclaimers, then these TOU shall control.

CrimeMapping.com should not be relied upon for emergency services and is in no way designed to serve as an alternative to emergency services provided by the 911 emergency telephone service. If you have an emergency or important time-sensitive crime information, please communicate this information to the appropriate law enforcement agency within your jurisdiction through the 911 emergency telephone service.

All data contained on this site has been gathered through legitimate means and with the knowledge and approval of the agencies listed. All data has been extracted, processed and presented through appropriate channels. No information contained on CrimeMapping.com has been garnered by data scraping or other such inappropriate means.

2. DISCLAIMER

OMEGA SERVICES IS A PUBLIC RESOURCE OF GENERAL INFORMATION. ALL DATA CONTAINED ON THIS SITE HAS BEEN GATHERED THROUGH LEGITIMATE MEANS AND WITH THE KNOWLEDGE AND APPROVAL OF THE AGENCIES LISTED. ALL DATA HAS BEEN EXTRACTED, PROCESSED AND PRESENTED THROUGH APPROPRIATE CHANNELS. NO INFORMATION CONTAINED HEREIN HAS BEEN GARNERED BY DATA SCRAPING OR OTHER SUCH INAPPROPRIATE MEANS. PLEASE SEE SECTION 10, WARRANTY DISCLAIMER, FOR MORE INFORMATION. IN ADDITION, DO NOT RELY ON THIS WEBSITE OR OMEGA SERVICES FOR ANY EMERGENCY COMMUNICATION WHATSOEVER TO LAW ENFORCMENT OR FIRST RESPONDERS. IF YOU HAVE AN EMERGENCY, PLEASE DIAL 911. YOU ARE SOLELY RESPONSIBLE FOR PROCURING SUCH EMERGENCY SERVICES AND YOU EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY RELEASE OMEGA FROM ANY CLAIMS RELATED TO YOUR FAILURE TO INDEPENDENTLY OBTAIN OR USE SUCH SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

3. OWNERSHIP

The Omega Services (including software, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing on Omega’s website and/or mobile applications, and the organization, compilation, look and feel of the Omega website and/or mobile application), are the property of Omega and/or its suppliers and business partners, including law enforcement agencies ("Partners") and are protected by U.S. and international copyright and other intellectual property laws. Omega, CrimeMapping.com, CrimeView, FireView, SchoolPlanner and SchoolLocator are the trademarks of Omega. The names of actual companies and products listed on the Omega websites or mobile applications may be the trademarks of their respective owners. Omega (and/or its Partners) retains all rights with respect to the Omega Services except those expressly granted to you in these TOU. You do not acquire ownership rights to the Omega Services. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included. Except as expressly provided herein, nothing on the Omega Services shall be construed as conferring any license under Omega’s (and/or its Partners') intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Omega may revoke any of the foregoing rights and/or your access to the Omega Services, or any part thereof, including the blocking of your IP Address, at any time, in its sole discretion, without prior notice.

4. PERMITTED USE

Subject to these TOU, Omega hereby grants you the non-exclusive, non-transferable right to access and use the Omega website and/or mobile application solely for the following purposes: (i) if you are accessing the Omega site as an individual, then any and all use of the Omega site is for your personal, non-commercial use only; or (ii) if you are accessing the Omega site on behalf of a business entity, then any and all use of the Site must be for such business entity’s internal business purposes. Subject to these TOU, Omega hereby grants you the non-exclusive, non-transferable right to download the Mobile App solely onto your own handheld mobile device, to use the Mobile App solely for Permitted Uses and as permitted by the applicable App Store from which you received the Mobile App.

5. PROHIBITED USE

As a condition of your use of the Omega Services, you will not use the Omega Services for any purpose that is unlawful or not expressly permitted hereunder. You agree, represent and warrant that you will not do any of the following Prohibited Uses:

a. Access Omega Services that have not been made available to you through a standard Web browser or through software;

b. Reverse-engineer, decompile, access, disassemble, or hack Omega Services not made readily available to you (without consideration as to how reasonable the means used are to keep such secure);

c. Use Omega Services in such a manner as to adversely affect Omega's commercial interests or the commercial interests of third party providers;

d. Alter, obstruct, or remove any proprietary rights notices provided with Omega Services;

e. Use Omega Services to send unsolicited or unauthorized email, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages whether commercial or otherwise;

f. Intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak a user’s identity or contact information;

g. Manually or systematically harvest information or data contained within Omega Services;

h. Transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancel bots;

i. Interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Omega Services or violate the regulations, policies or procedures of such networks;

j. Use any robot, spider, other automatic device or manual process to monitor or copy any Omega website pages or Omega Services without Omega’s prior express written permission;

k. Use Omega Services for illegal, improper, or inappropriate purposes (including, but not limited to, defamation or harassment of others, distribution of obscene or indecent material, stalking, or distribution of content in violation of the proprietary rights of others);

l. Sell, rent, lease, lend, time-share, assign, or transfer any right to use Omega Services to any third party without the prior express written permission of Omega;

m. Store the results derived from your use of Omega Services for the purpose of creating a value-added, web-enabled application that you intends to resell, license, or otherwise distribute to third parties without the prior express written permission of Omega;

n. Create derivative Omega Services or add value to Omega Service and thereafter resell or otherwise distribute Omega Services as your own Web Service(s) without the prior express written permission of Omega;

o. Use Omega Services and reformat and display Omega Services in an attempt to mirror and/or make commercial use of the Omega Web site.

Any of the above, whether merely attempted or successfully executed, are a material breach of these TOU.

6. LINKS TO THIRD PARTY PROVIDER(S) SITES

Omega’s website may have links to websites operated by third party providers (“Linked Sites”). Linked Sites are not under Omega's control, and Omega is not responsible for content (regardless of how it is transmitted or received) or services provided by third party provider(s) websites. Any Linked Sites provided on Omega’s website do not imply an endorsement, affiliation, or sponsorship of any kind, and do not represent warranties of the quality of services provided by such third party provider(s). By using the Omega Services to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claims against Omega for any damages or losses whatsoever resulting from such use.

7. PRIVACY AND PERSONAL ACCOUNTS

Omega’s web and mobile properties may require you to create and use a personal account to access and use Omega Services. You represent and warrant that all required information you submit is truthful, accurate, up-to-date and complete and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. Omega believes your privacy is important and your email address and personal information will not be shared with any third parties. You can unsubscribe from our alerts at any time.

8. USER SUBMISSIONS

Each user is solely responsible for any and all of its user submissions. Such submissions are not under the control of Omega and Omega is not responsible for any user submission. You are responsible for ensuring that your user submissions transmitted and received through Omega web properties complies with all applicable laws and regulations and these TOU. You use all user submissions at your own risk. Your interactions with any other users are solely the responsibility of you and such user. You agree that Omega will not be responsible for any liability, loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, Omega is under no obligation to become involved. Omega shall have the right, but not the obligation, to monitor user submissions and use of its web properties to improve its performance, for legal and regulatory requirements and to determine compliance with these TOU. Omega shall have the right in its sole discretion to refuse to post or to remove any user submission on its web properties that Omega believes to be in violation of these TOU or which if finds to be otherwise objectionable for any reason without any liability to a user.

9. LAW ENFORCEMENT AGENCY SUBMITTED CONTENT

Included in Omega Services may be information provided by a law enforcement agency. The original information provided by a law enforcement agency is exclusively owned by that agency (the compilation of data created through Omega Services remains the proprietary property of Omega). Omega does not limit an agency’s ability to make further use of its original information as it deems appropriate. Unless otherwise indicated by a law enforcement agency, all data will be retained by Omega and remain accessible by the general public in accordance with the provisions of these TOU.

10. WARRANTY DISCLAIMER

THE OMEGA SERVICES (INCLUDING ITS WEBSITES, MOBILE APPS, AND ALL OTHER FEATURES ON THE OMEGA SERVICES) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEMS INTEGRATION OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN OMEGA HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OMEGA, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, OMEGA DOES NOT MAKE ANY WARRANTIES THAT THE OMEGA SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL DEVICES, OR THAT YOUR USE OF THE OMEGA SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE OMEGA SERVICES IS CORRECT, ACCURATE, OR RELIABLE. THE CONTENT PROVIDED ON THE OMEGA SERVICES IS FOR CONVENIENCE ONLY AND OMEGA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER SUBMISSION, OPINION, STATEMENT, PRODUCT, ADVICE, RECOMMENDATION OR SERVICE MADE, PROMOTED, ADVERTISED OR OFFERED BY ANY OMEGA USER, THIRD PARTY, OR OTHER ENTITY MADE AVAILABLE THROUGH THE OMEGA SERVICES OR ANY LINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OMEGA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL OMEGA, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST DATA) THAT ARISE OUT OF OR ARE RELATED TO THESE TOU AND/OR YOUR USE OF THE OMEGA SERVICES. IN NO EVENT SHALL OMEGAS' AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF OMEGAS' AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR LIABILITY RELATED TO OR ARISING OUT OF THESE TOU AND/OR THE OMEGA SERVICES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO OMEGA FOR ACCESSING THE OMEGA SERVICES; OR (B) TEN U.S. DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

12. INDEMNITY

You agree to indemnify and hold Omega and its Partners, affiliates, officers, directors, agents, and employees harmless from any third party claims, suits, losses, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising from or related to (a) your breach of these TOU, (b) your user submissions, (c) your use of the Omega Services, or (d) your violation of any law or the rights of a third party.

13. IRREPARABLE HARM AND INJUNCTIVE RELIEF

The Omega Services and the information and content made available through such services is the result of significant investment by Omega in collecting, formatting, organizing and presenting a wide range of information in the public interest for its users under the terms of these TOU. By using the Omega Services, you hereby acknowledge and recognize the uniqueness of the services provided by the Omega Services and Omega’s substantial investments in such services as described herein, such that a violation of Section 3 or 4 of these TOU by you will result in irreparable harm to Omega for which money damages or other legal remedies may not adequately compensate. Accordingly, in the event of a violation of these TOU (including any Rules), Omega shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that Omega will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.

14. ADDITIONAL REPRESENTATIONS AND WARRANTIES

You represent, warrant, and covenant that (a) you have the power and authority to enter into these TOU; (b) you are at least eighteen (18) years of age, or you are at least thirteen (13) years of age and your parent has agreed on your behalf to these TOU; and, (c) you will only use the Omega web properties in accordance with these TOU.

15. MOBILE APPLICATIONS

You acknowledge and agree that the availability of the Mobile Application is dependent on the third party from you received it (the “App Store”). You acknowledge that these TOU are between you and Omega and not with the App Store. You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application. You agree to comply with, and your license to use the Mobile Application is conditioned upon your compliance with, all applicable agreements, terms of use/service and other policies of the App Store and any other applicable third parties. You represent and warrant that your use of the Omega Service does not violate any applicable laws or regulations. You acknowledge that the App Store is a third party beneficiary of these TOU and will have the right to enforce these TOU.

16. MISCELLANEOUS

These TOU and the documents referred to herein represent the entire understanding and constitute the whole agreement in respect to their subject matter and supersede any previous agreement between the parties thereto. These TOU shall be governed in all respects by the laws of the State of California, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego, USA, and further agree that any cause of action arising under or relating to these TOU or your use of any Omega Services shall be brought exclusively in such venue. Notwithstanding the foregoing, Omega may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under these TOU. In the event of any dispute between you and Omega arising under or relating to these TOU or your use of any Omega Services, in which Omega is the prevailing party, you agree that you will pay Omega’s reasonable attorneys' fees in connection with Omega’s commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against Omega. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Omega’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

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