Data Access Agreement for Law Enforcement Users
Please review this Agreement carefully and click the "I have read and hereby agree..." checkbox at the bottom of the registration page, so indicating your acceptance and approval of the terms of this Data Access Agreement for Law Enforcement Users ("Agreement").
In order to access Leads' System, You, in your official capacity as a Law Enforcement Official, must agree to the terms and conditions set forth herein.
Scope of Agreement
LeadsOnline and LeadsOnlabs (collectively "Leads") operate and maintain an electronic reporting and criminal investigation system for receiving Data for the use of Law Enforcement Officials in their official duties. Leads acts in the capacity of an agent for such Law Enforcement Agencies for the purpose of collecting, maintaining and disseminating Data. By completing this Agreement and using Leads' System, you represent that you are a Law Enforcement Official and that you have the requisite binding authority to enter into this Agreement.
Subject to the terms of this Agreement, and in consideration of the mutual covenants stated below, You and Leads agree as follows:
1. Definitions
1.1 "Data" means all information provided by Reporting Business and Law Enforcement Agencies about transactions, including (but not limited to) the transaction number, item number, product UPC code, quantity and ingredients, make, model, property description, serial number, name, address, identification number, telephone number, date of birth and any images recorded during the course of a transaction according to official request, statutory requirement or otherwise.
1.2 "GLBA" means the Gramm-Leach-Bliley Act of 1999, together with the Privacy Rule and Safeguards Rule promulgated by the U.S. Federal financial institution regulators and the Federal Trade Commission.
1.3 "Law Enforcement Agency" means any agency duly authorized by municipal, state county or federal government to enforce laws or investigate crimes.
1.4 "Law Enforcement Official" means a person employed and authorized by a Law Enforcement Agency to, in their official duties, access Data and/or submit Data for official use by Law Enforcement Agencies.
1.5 "Leads' System" is Leads' electronic reporting and criminal investigation system for receiving Data for access by Law Enforcement Officials.
1.6 "Reporting Business" shall mean any entity that records Data regarding (a) the receipt or sale of products regulated by law, including but not limited to the Combat Methamphetamine Act of 2005 and (b) the receipt or other disposition of merchandise or materials, and reports such Data for access by Law Enforcement Officials according to official request, statutory requirement or otherwise.
1.7 "You" and "Your" shall mean you in your official capacity as a Law Enforcement Official or your Law Enforcement Agency as appropriate.
2. Your Responsibilities
2.1 You agree that the protection of usernames and passwords used to access Leads services and any Data You access or receive via Leads is Your sole responsibility. You agree to maintain such information in a secure manner and to not provide your login credentials to any other person.
2.2 You represent and warrant that you shall only access, use and disclose Data for use in performing Your official Law Enforcement Agency duties.
2.3 You agree to not divulge Data obtained through Leads' System to anyone other than Law Enforcement Officials within Your Law Enforcement Agency, with the exception of necessary disclosure for the purpose of prosecution of crimes within Your jurisdiction investigated by Your Law Enforcement Agency.
2.4 With regard to Data accessed from Leads' System, You agree to comply with all applicable statutes, laws and regulations for use and disclosure of non-public personal information, including federal and state data security breach laws and the GLBA.
3. Responsibilities of Leads
3.1 Leads agrees to operate and maintain Leads' System for the purpose of receiving Data for access only by Law Enforcement Officials.
3.2 Leads agrees to secure Data using administrative, technical and physical safeguards as set forth in applicable law, including the GLBA.
4. Conditions for use of Leads' System
4.1 Leads' System and website, including but not limited to written materials, text, graphics, logos, software, functionality, icons and images are the exclusive proprietary property of Leads and are protected under the United States Copyright Act (17 U.S.C.) , as well as by all applicable state and international copyright laws, and by the Lanham Act (15 U.S.C. ยงยง1051-1141n). You agree to abide by any additional copyright notices, trademarks, information, or restrictions contained in any content on Leads' System and website. Leads' System and website may be used solely for the purposes expressly provided for herein, and no aspect of the Leads' System or website may be used for any other purpose whatsoever. Any other use is unauthorized and will constitute an infringement upon the proprietary rights of Leads. No authority to use any content on Leads' System, website, or any other intellectual or other property of Leads not expressly granted by this Agreement shall be implied.
4.2 You agree to not decompile or otherwise copy or use content on the Leads' System or website or other proprietary information of Leads for purposes of reverse-engineering or reconstruction, and to not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices from any materials you obtain from Leads' System or website.
4.3 You warrant and represent to Leads that: (a) You are a Law Enforcement Official; (b) the information you provide to Leads in Your Law Enforcement Registration is true and accurate; and (c) that You have the requisite binding authority to enter into this Agreement.
4.4 Leads may modify or upgrade any aspect of Leads' System at any time without notice. Leads will make commercially reasonable efforts to perform such actions in a manner that is not disruptive to Law Enforcement Officials.
4.5 Leads will provide reasonable instructions to Reporting Businesses regarding uploading Data to the Leads' System, but is not responsible for ensuring Reporting Businesses' compliance with their Data reporting obligations.
4.6 Leads uses a number of checks to identify inaccurate or incomplete Data, but cannot and does not make any representations or warranties of any kind regarding the accuracy, currency or reliability of Data provided by Reporting Businesses or Law Enforcement Agencies.
5. Disclaimer
5.1 EXCEPT FOR THE REPRESENTATIONS SET FORTH IN SECTION III OF THIS AGREEMENT, LEADS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, CUSTOM, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY AND ALL OTHER IMPLIED WARRANTIES AND EXPRESS WARRANTIES (OTHER THAN THOSE SET FORTH HEREIN, IF ANY) WITH RESPECT TO LEADS' SYSTEM. LEADS' SYSTEM, INCLUDING ALL DATA, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH LEADS' WEBSITE IS PROVIDED, AND ACCEPTED AND/OR USED, "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
5.2 IN NO EVENT SHALL LEADS BE LIABLE FOR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DOWNTIME COSTS, LABOR COST, OVERHEAD COSTS OR CLAIMS OF THE REPORTING BUSINESS, ITS AFFILIATES OR ANY OTHER THIRD PARTY, EVEN IF LEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHWITHSTANDING THE FOREGOING, AT AN ABSOLUTE MAXIMUM, LEADS LIABILITY SHALL BE LIMITED TO THE AMOUNT OF MONEY IT IS PAID BY YOUR LAW ENFORCEMENT AGENCY.
6. Miscellaneous
6.1 This Agreement will become effective when agreed by You and remain in effect until terminated. This Agreement may be terminated by either You or Leads at any time upon written notice to the other party.
6.2 Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to causes beyond its reasonable control, including any act that would be considered force majeure.
6.3 If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement which can be given effect without the invalid provision, and to this end, such provision is declared to be severable.
6.4 Leads reserves the right to disclose any information in response to an official government request or duly authorized subpoena.
6.5 Any waiver by Leads of a breach of any provision of this Agreement or delay in enforcing any rights shall not be construed as a waiver of any other or future breach.
6.6 Leads reserves the right, at its sole discretion, to change, modify, add or delete any portion of this Agreement, in whole or in part, at any time, if required by local, state or federal law, rule or regulation after reasonable notice.
6.7 Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement. There are no third-party beneficiaries to this Agreement. The only persons who may enforce or benefit from this Agreement and any rights under this Agreement are You and Leads.
6.8 This Agreement shall be governed by and construed in accordance with the laws of Georgia, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Atlanta, Georgia.
6.9 Leads may assign all or part of Leads' rights or duties under this Agreement upon 30 days' notice. This Agreement shall be binding upon and inure to the benefit of such assigns or successors.
6.10 With the exception of a formal written agreement executed by both parties and currently in effect with your Law Enforcement Agency, if any, and the August 18, 2014 Agency Contract for Secondary Metals Recycler Database between the Georgia Bureau of Investigation and LeadsOnline LLC, as applicable, this Agreement constitutes the entire agreement between the parties, and shall supersede all prior agreements and understandings, if any, between the parties respecting the subject matter hereof.