Terms of Use

1. DEFINITIONS.

“Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the Online Order Center, and any materials available on the NPLEx website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Appriss from time to time in its sole discretion.

"Appriss" means collectively Appriss Inc., a Delaware corporation, having its principal place of business at 9901 Linn Station Road, Suite 500, Louisville, Kentucky 40223.

“Content” means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service.

“Customer Data” means any data, information or material provided or submitted by you to the Service in the course of using the Service.

“Effective Date” means the date you begin using the Service.

“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

“Administrator(s)” means those Users who are authorized to request access online using the Online Registration or by creating User accounts through the application and otherwise administer use of the Service.

“Online Order Center” means Appriss’ online application that allows the Administrator to add additional Users to the Service.

“NPLEx Technology” means all of NPLEx's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical material or information) made available to you by Appriss in providing the Service.

“Service(s)” means the specific edition of NPLEx's online law enforcement reporting, data analysis, and other services identified during the ordering process, developed, operated, and maintained by Appriss, accessible via www.nplexle.appriss.com or another designated web site or IP address, or ancillary online or offline products and services provided to you by Appriss, to which you are being granted access under this Agreement.

“User(s)” means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by the Administrator (or by Appriss at the Administrator’s request).

2. USE AND RESTRICTIONS

You may only access or use the Service in connection with specific investigations or law enforcement activities (the “Enforcement Activities”) against identifiable individuals who are alleged to be involved in the unlawful manufacture of methamphetamines and other unlawful activities (“Unlawful Activities”), but only to the extent the Service may be used in connection with such Enforcement Activities under applicable state and federal law.

Access to the Service and Database shall be limited to the user(s) whom Administrator notifies Appriss is/are authorized to use the Service and Database (“Authorized Users”). Appriss shall provide to Authorized User(s), or shall allow Authorized User(s) to create username(s) and password(s) to allow Access to the Service and Database. Each user who uses such username and password will be deemed to be authorized to access and use the Service and Database, and Appriss shall have no obligation to investigate the authorization or source of any such access or use. Administrator is solely responsible for protecting the security and confidentiality of all Authorized User’s usernames and passwords. Administrator shall immediately notify Appriss of any unauthorized use of a username or password, or any other breach or threatened breach of the Service and Database’s security.

Appriss reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, NPLEx occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service.

2.1 Use of Service. Subject to the terms, conditions and restrictions set forth herein, Appriss hereby grants you a non-exclusive, non-transferable, right to use the Service, solely for Enforcement Activities, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by NPLEx and its licensors. You acknowledges that the Service is protected by certain patents, patents pending, copyrights, trademarks, service marks and other rights which may apply.

2.2 Restrictions. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service (including but not limited to, through broadband data transfers, data scraping or key-stroking) into another database; or (v) publish or use the Service or Database except as necessary in the course of your Enforcement Activities. User accounts cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. In accordance with the privacy protections found in Title 21 USC 830 and applicable CFRs, accessing, using or sharing this information for any purpose other than ensuring compliance with Title 21 is prohibited.

2.3 Access and Use Policies. You may use the Service only for Enforcement Activities and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

2.4 Credentialing and Validation. You shall ensure that your credentialing and identity validation processes adhere to all applicable state and federal laws and rules and requirements for credentialing and validation. If state law prohibits you or a User from accessing the Content, then the credentialing and identity validation processes must prevent you or a User from accessing the NPLEx Technology.

2.5 Responsibility for Use. You shall be responsible if use of or access to the Content is improper or illegal or otherwise does not conform to the terms of this Agreement. Appriss is not responsible for any access or use of the NPLEx Technology or Content by you or any of your Users.

2.6 Compliance with Law. You are responsible for compliance with all local, state, and federal laws and rules in connection with your use of the Service, including those related to intellectual property rights, data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Appriss immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Appriss immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another NPLEx user or provide false identity information to gain access to or use the Service.

3. PROPRIETARY RIGHTS.

Appriss alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the NPLEx Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the NPLEx Technology or the Intellectual Property Rights owned by NPLEx. The NPLEx name, the NPLEx logo, and the product names associated with the Service are trademarks of Appriss, and no right or license is granted to use them.

4. THIRD PARTY INTERACTIONS

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Appriss and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Appriss does not endorse any sites on the Internet that are linked through the Service. Appriss provides these links to you only as a matter of convenience, and in no event shall Appriss or its licensors be responsible for any content, products, or other materials on or available from such sites. Appriss provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

5. TERMINATION/CUSTOMER DATA

For NPLEx Services, the term is indefinite and may be terminated at any time in Appriss’ sole discretion. Any unauthorized use of the NPLEx Technology or Service will be deemed a material breach of this Agreement. Appriss, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Appriss may terminate a free account at any time in its sole discretion. You agree and acknowledge that Appriss has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement.

6. MUTUAL INDEMNIFICATION

6.1 You shall indemnify and hold Appriss, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Appriss (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Appriss of all liability and such settlement does not affect Appriss’ business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

6.2 Appriss shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by Appriss of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Appriss; provided that you (a) promptly give written notice of the claim to Appriss; (b) give Appriss sole control of the defense and settlement of the claim (provided that Appriss may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Appriss all available information and assistance; and (d) have not compromised or settled such claim. Appriss shall have no indemnification obligation, and you shall indemnify Appriss pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).

7. DISCLAIMER OF WARRANTIES.

APPRISS AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. NPLEX AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY APPRISS AND ITS LICENSORS.

8. LIMITATIONS OF LIABILITY.

IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. GENERAL PROVISIONS.

9.1 Appriss reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.