Terms Of Use

Agreement between User and Public Engines , Inc. SCHEDULE A

Welcome to Public Engines' web site. Public Engines' web site is comprised of various web sites and web pages operated by Public Engines or its business partners ("Partners"). These include: www.crimereports.com, www.publicengines.com as well as other web sites we may add in the future (collectively the "Public Engines Sites").

With respect to your access and use of the Public Engines Sites, Public Engines provides its services to you, subject to the following Terms of Use ("TOU"), which may be updated by Public Engines from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions.

In addition, when using particular Public Engines web sites or services, you and Public Engines shall be subject to any posted guidelines or rules applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.

You agree to be bound by these TOU, and indicate such agreement by any access or use of Public Engines Sites and services. Your use of any Public Engines Site or service demonstrates and manifests your assent to this Agreement. If you do not agree to this Agreement, do not access and use the Public Engines Sites and services.

1. PERMITTED USE. Subject to these TOU, Public Engines hereby grants you the right to access and use the Public Engines Sites solely for the following purposes: (i) if you are accessing the Public Engines Sites as an individual, then any and all use of the Public Engines Sites is for your personal, non-commercial use only; or (ii) if you are accessing the Public Engines Sites on behalf of a business entity, then any and all use of the Public Engines Sites must be for such business entity's internal business purposes in connection with the establishment or continuation of a business relationship with Public Engines. You shall not (iii) send or otherwise post unauthorized commercial communications (such as spam) on any Public Engines Site; (iv) collect content or information, or otherwise access any Public Engines Sites, using automated means (such as harvesting bots, robots, spiders, or scrapers) or by bypassing the site's user interface without our permission; (v) upload viruses or other malicious code to any Public Engines Site; (vi) do anything that could disable, overburden, or impair the proper working of any Public Engines Site, such as a denial of service attack; or (vii) facilitate or encourage any violations of this Agreement. Public Engines retains all rights with respect to the Public Engines Sites except those expressly granted to you in this Agreement. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the Public Engines Sites unless specifically authorized in writing by Public Engines to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Public Engines Sites. Such framing is strictly prohibited under this Agreement. The content and software on the Public Engines Sites are the proprietary property of Public Engines and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. Public Engines and CrimereReports.com are the trademarks of Public Engines. The names of actual companies and products listed on the Public Engines Sites may be the trademarks of their respective owners.


2. LINKS TO THIRD PARTY SITES. The Public Engines Sites may contain links or produce search results that reference links to third party web sites ("Linked Sites"). Public Engines has no control over these Linked Sites or the content within them. Public Engines cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Public Engines does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Public Engines Sites 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 claim against Public Engines for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at legal@publicengines.com, and we will investigate the link and take appropriate action.


3. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Public Engines Sites, you warrant to Public Engines that you will not use the Public Engines Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Public Engines Sites in any manner which could damage, disable, overburden, or impair the Public Engines Sites or interfere with any other party's use and enjoyment of the Public Engines Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Public Engines Sites.


4. PRIVACY AND DISCLOSURE OF INFORMATION. We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy. If you post any content to the Public Engines Sites, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting any content on the Public Engines Sites, you authorize us to use and allow others to use, distribute, and reproduce the content.
   Public Engines reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Public Engines's sole discretion.


5. OWNERSHIP OF USER SUBMITTED CONTENT. You agree that any and all information and content that you provide to the Public Engines Sites becomes the exclusive property of Public Engines, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Public Engines upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.


6. OWNERSHIP OF LAW ENFORCEMENT AGENCY SUBMITTED CONTENT.All information provided by a law enforcement agency is offered and owned by that law enforcement agency. Unless otherwise indicated by the law enforcement agency, all data will be retained by Public Engines, Inc. and remain accessible by the general public in accordance with the provisions of this Agreement. However, the law enforcement agency shall have the right to cause Public Engines, Inc. to archive (remove from view) and purge (remove from database) all of its agency data at the agency's request.


7. WARRANTY DISCLAIMER. Public Engines does not promise that the Public Engines Sites will be error-free, uninterrupted, nor that the Public Engines Sites will provide specific results from your use of any content, search or link on them. The Public Engines Sites and all content contained within them are delivered on an "AS IS" and "AS AVAILABLE" basis. Public Engines does not warrant or represent that files you download from the Public Engines Sites will be free of viruses or other harmful features. Public Engines DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.


8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL Public Engines, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE Public Engines SITES. IN NO EVENT SHALL Public Engines'S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF Public Engines'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE Public Engines SITES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO Public Engines FOR ACCESSING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00).


9. ADDITIONAL REPRESENTATIONS AND WARRANTIES You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Public Engines Sites in accordance with these TOU.


10. INDEMNITY. You agree to indemnify and hold Public Engines and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney's fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.


11. IRREPARABLE HARM AND INJUNCTIVE RELIEF. The Public Engines Sites and the information and content made available through such Sites is the result of enormous investment by Public Engines in collecting, formatting, organizing and presenting a wide range of information in the public interest for its users under the terms of this Agreement. By using the Public Engines Sites, you hereby acknowledge and recognize the uniqueness of the services provided by the Public Engines Sites and Public Engines's substantial investments in such Sites as described herein, such that a violation of Section 1 of this Agreement by you will result in irreparable harm to Public Engines for which money damages or other legal remedies may not adequately compensate. Accordingly, in the event of a violation of Section 1, Public Engines shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that Public Engines will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.


12. DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT. Public Engines respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Public Engines Sites has been copied in such as way to constitute copyright infringement, please contact our Designated Agent below:
    
    Public Engines, Inc
    
    11781 S. Lone Peak Parkway, Suite 200
    
    Draper, Utah 84020
    
    (801) 828-2700
    
    legal@publicengines.com
    
    
13. GENERAL. This Agreement 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 Utah, County of Salt Lake, USA, and further agree that any cause of action arising under or relating to this Agreement or your use of any Public Engines Site shall be brought exclusively in such venue. Notwithstanding the foregoing, Public Engines may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. In the event of any dispute between you and Public Engines arising under or relating to this Agreement or your use of any Public Engines Site, in which Public Engines is the prevailing party, you agree that you will pay Public Engines' reasonable attorneys' fees in connection with Public Engines' commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against Public Engines. If any provision of this Agreement 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. Public Engines'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. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.