Friday 3rd of December 2021 05:51:09 PM (Spiderdata.org - OPS/RMS)
Thanks for choosing SpiderData.org a web based service created by Small Networking Assistant. Herein referred to as (“SpiderData.org”, “we”, “us”, “our”, "service", "Small Networking Assistant", "Small Networking Assistant LLC"). By signing up or otherwise using the SpiderData.org service, websites, and software applications (together, the “SpiderData.org Service” or “Service”), or accessing any content or material that is made available by SpiderData.org through the Service (the “Content”) you are entering into a binding agreement with Small Networking Assistant.
SpiderData.org provides a web based Records Management System (RMS) or Operations Portal (OPS) linked to a DataBase. Herein referred to as service. Certain SpiderData.org services are provided to you free-of-charge. Other SpiderData.org services require payment before you can access them. There is no definitive schedule or list of free or paid services. What constitutes a free or paid services are subject to change with out notice.
SpiderData.org - Small Networking Assistant will make reasonable efforts to keep the SpiderData.org - Small Networking Assistant Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, SpiderData.org - Small Networking Assistant reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the SpiderData.org - Small Networking Assistant Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the SpiderData.org - Small Networking Assistant Service or any function or feature thereof.
The service is NOT FOR TRANSMITTING CONFIDENTIAL INFORMATION even though we use SSL! Any names; date of births linked to names or any other confidential information placed into the services' database(s) will not be tolerated and constitutes a violation of these term and conditions.
You or your agencies access to the service will be suspended or terminated with out notice. A notice of suspension explaining the suspension or termination of the service will be sent via certified mail or electronically to you or the agency head at the discretion of Small Networking Assistant, LLC within 24 hours listing the violation and to whom performed the violation. Access will be re-instated only when the violation no longer exist.
A requirement of additional training may be required of you and/or agency staff. The training must be completed by all using the service at the sole discretion of Small Networking Assistant, LLC or it's designee. Training is to be performed by Small Networking Assistant, LLC or it's designee at the expense of you or your agency.
28 CFR Part 23 Compliance - A written agreement signed by each participating agency to certify its commitment to compliance with 28 CFR Part 23 standards and system/project requirements with regard to criminal intelligence submitted to or received from a criminal intelligence system.
Which means; DO NOT Transmit, Submit, Upload and/or use the service for the submission/collection, access, storage, and dissemination of criminal intelligence or information by intelligence projects.
Agency members, participating law enforcement and homeland security agencies must conform to sound practices that protect the privacy and constitutional rights of individuals and organizations—regardless of whether the criminal intelligence system is subject to the regulation.
We offer the use SSL to secure the site, and Two Factor Authentication (2FA) for user login!
These options are at additional cost to the agency, SpiderData.org account owner, or organization.
Although the above procedures have been or are provided, Small Networking Assistant needs your help with maintaining site security. Agencies and Users are just as vested in site security as Small Networking Assistant is. Your opting out of Two Factor Authentication and/or SSL is your option or your agencies choice.
Which means; Being blunt Small Networking (SpiderData.org) can not and never will ensure 100% protection of your use of SpiderData.org or any web based service provided by us. Site security is a team effort, and if you or your agency is aware of, suspects, or knows of a possible, potential or other known security issue. You agree to inform SpiderData.org of the issue immediately. Use our online Contact - Us to report an issue.
For this reason alone you must not store personal and/or confidential information to any SpiderData.org OPS or RMS (System), service or third party service provided by the system.
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email.
In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
The service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that SpiderData.org does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
Using SpiderData.org services can be purchased directly from SpiderData.org - Small Networking Assistant. There is a pre-payment of the service giving you access to the SpiderData.org Service for one year (“paid period”) starting from date of payment. Your service will automatically terminate 12 months (354 or 365 days) after this date unless other wise agreed upon
The service will automatically renew at the end of the subscription period and you will be billed, unless you cancel the service before the end of the current paid period 15 days prior to the term of the paid period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment or service and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any fees already paid to us. The refund method will depend upon the payment method.
If you believe you are entitled to receive a refund of any monies paid to SpiderData, please contact Contact - Us.
SpiderData may change the price for the service, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for the service will take effect at the start of the next paid period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the SpiderData Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling the service from the SpiderData Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
Notwithstanding the foregoing, if you have prepaid fees for the service that SpiderData - Small Networking Assistant permanently discontinues prior to the end of the paid period, SpiderData - Small Networking Assistant will refund you the remaining portion annual paid period based on the number of months remaining based on a 12 moth period ( for the remaining after such discontinuation.
You understand, agree, and accept that SpiderData - Small Networking Assistant has no obligation to maintain, support, upgrade, or update to the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. SpiderData - Small Networking Assistant and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
WE ENDEAVOR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
YOU UNDERSTAND AND AGREE THAT SMALL NETWORKING ASSISTANT IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SMALL NETWORKING ASSISTANT SHALL CREATE ANY WARRANTY ON BEHALF OF SMALL NETWORKING ASSISTANT IN THIS REGARD. SOME
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SMALL NETWORKING ASSISTANT SERVICE IS TO UNINSTALL ANY SMALL NETWORKING ASSISTANT SOFTWARE AND TO STOP USING THE SERVICE. WHILE SMALL NETWORKING ASSISTANT ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SMALL NETWORKING ASSISTANT, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMALL NETWORKING ASSISTANT, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SMALL NETWORKING ASSISTANT SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SMALL NETWORKING ASSISTANT HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SMALL NETWORKING ASSISTANT SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SMALL NETWORKING ASSISTANT DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits SMALL NETWORKING ASSISTANT’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST SMALL NETWORKING ASSISTANT MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Small Networking Assistant or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Small Networking Assistant or the applicable third party beneficiary’s right to do so.
Small Networking Assistant may assign the Agreements or any part of them, and Small Networking Assistant may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Small Networking Assistant harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party.
You and Small Networking Assistant agree that any dispute, claim, or controversy between you and Small Networking Assistant arising in connection with or relating in any way to these Agreements or to your relationship with Small Networking Assistant as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Small Networking Assistant further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding the clause above, you and Small Networking Assistant both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
YOU AND Small Networking Assistant AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Small Networking Assistant agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. Any arbitration between you and Small Networking Assistant will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Small Networking Assistant agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Small Networking Assistant can also help put you in touch with the AAA.
Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, Small Networking Assistant will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Small Networking Assistant will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrators ruling on the merits.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Small Networking Assistant's address for Notice is: Small Networking Assistant USA Inc., Attn: SpiderData, 477 Newton Road, Brandon, Vermont 05733, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Small Networking Assistant may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Small Networking Assistant shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Small Networking Assistant's last written settlement offer, then Small Networking Assistant will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
Thank you for reading our Terms. We hope you enjoy using our services - Small Networking Assistant LLC!Contracting entity:
Friday 3rd of December 2021 05:51:09 PM (Spiderdata.org - OPS/RMS)