1. Introduction
1.1 Welcome to Off Duty Blue! These Terms of Use (“Terms”) apply to the websites, online portals and related mobile applications of Off Duty Blue Lite by Off Duty Blue Incorporated (“Company,” “we,” “us,” or “our”), including, without limitation, www.offdutyblue.com (collectively, “Website”). By registering with, or otherwise visiting, our Website, you hereby agree to be bound by the Terms set forth below, which expressly incorporate our Privacy Policy.
1.2 In addition to the Terms, you may be bound by other agreements depending upon your relationship with Company. If you are a hiring party seeking to post jobs and hire off duty police officers, If you are a police officer, police administrator, or hiring organization seeking to use Off Duty Blue Pro for the purpose of hiring, providing, or overseeing security services, you will be bound by the Off Duty Blue Pro Terms of Use and the Job Connection Agreement. If you are a police officer seeking to find off-duty jobs, you will also be bound by the Terms and the Job Connection Agreement.
1.3 We reserve the right to change the Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of our Website after such modifications will constitute your acknowledgement and agreement of the modified Terms.
2. Account Terms
2.1 Payments, Refunds, Upgrading and Downgrading Terms
2.2 Cancellation and Termination
2.3 Modifications to the Service and Prices
3. Intellectual Property
The marks and designs displayed on our Website are the trademarks, service marks, trade dress and designs of Company. All content, text, images, audio and video included or accessible on our Website are owned or licensed to Company and are protected by United States and international copyright laws and other intellectual property laws. You shall not use, copy, reproduce, alter, transfer, download or transmit, in any form, such trademarks, trade dress, designs, content, text, images, audio or video without the express prior written consent of Company. All rights are reserved by Company. Your violation of any of such restrictions may subject you to penalties and liabilities under copyrights laws, trademark laws, and civil and criminal statutes.
4. Idea Submission
If you have any intellectual property (including, without limitation, concepts, ideas, inventions, works of authorship, information, suggestions, and proposed product improvements) that you would like to present to Company, you shall not submit such intellectual property to Company unless you and Company have first signed a written agreement regarding the disclosure of such intellectual property to Company. If you disclose any such intellectual property to Company absent such a written agreement, the following terms shall apply: (a) such intellectual property shall automatically become the property of Company, without compensation to you; and (b) Company, as owner, shall have the right to use such intellectual property for any purpose and in any way, even give such intellectual property to others.
5. Interruption
You shall not interrupt or attempt to interrupt the operation of our Website in any way. You shall not link our Website to another website, nor shall you link any other website to our Website. Notwithstanding the foregoing, you may forward our Website addresses to others who may be interested in visiting our Website.
6. Responsible Use and Conduct
6.1 By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (collectively, “Resources”), you agree to use these Resources only for the purposes intended as permitted by these Terms and the applicable laws, regulations and generally accepted online practices and industry guidelines.
6.2 To access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
6.3 Accessing, or attempting to access, any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access, or attempt to access, any of our Resources through any automated, unethical or unconventional means.
6.4 Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
7. Security
You are responsible for all activities that occur under your Company accounts. You may be required to choose a password and a user name. Access to and use of password protected or secure areas of the Website are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Website with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Website. You agree to notify Company immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms.
8. Content Posted by You
We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that it might not be feasible for us to pre-screen or monitor all content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
9. Using the Off Duty Blue Lite Site for Other Than Intended Purposes
Off Duty Blue Lite makes the Site and Services available for supervisors or administrators to communicate with their workforce for the purpose of filling regular “on-duty” or overtime positions ONLY. Users are expected to use the Site and Services for their intended purposes and Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited uses:
10. Monitoring
Company has no obligation to monitor the Website or screen content that is shared on or through the Website. However, Company reserves the right to review the Website and content and to monitor all use of and activity on the Website, and to remove or choose not to make available on or through the Website any content in its sole discretion. Company may remove content that is confidential or proprietary to a third party without that third party's permission.
11. Termination of Use
Company may, in its sole discretion, at any time discontinue providing or limit access to the Website, any areas of the Website or content provided on or through the Website. You agree that Company may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Website or any content. Company may terminate or limit your access to or use of the Website if Company determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Company shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Website or any content, including content that you may have shared.
12. Third Party Web Website, Content, Products and Services
The Website may provide links to websites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Website. Company will not be responsible for third party content provided on or through the Website or for any changes or updates to such third-party websites, and you bear all risks associated with the access to, and use of, such websites and third party content, products and services.
13. Indemnification
You agree to indemnify and hold harmless Company, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of content that you share, your violation of these Terms or any additional rules, guidelines or terms of use posted for a specific area of the Website or content provided on or through the Website, your violation of applicable law, or your violation or infringement of any third party rights, including intellectual property rights. You shall cooperate as fully as reasonably required in Company's defense of any such claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Company.
14. Disclaimer
14.1 EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE. COMPANY MAKES NO WARRANTY THAT: (A) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
14.2 ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
14.3 COMPANY RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE WEBSITE AND CONTENT PROVIDED ON OR THROUGH THE WEBSITE AT ANY TIME WITHOUT NOTICE.
15. Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE WEBSITE OR ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE.
16. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS, INCLUDING THOSE SET FORTH IN SECTIONS 12 AND 13, DO NOT APPLY, AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
17. Privacy Policy
Company is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Company's Privacy Policy. Any personal information collected on this Website may be accessed and stored globally and will be treated in accordance with our Privacy Policy. You understand that Company may collect, use, process, possess, and otherwise store your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to our Privacy Policy.
18. Persons Not of Age of Majority
Persons who are not of the age of majority are not eligible to use the Website, and we ask that no information in relation to such persons be submitted to us.
19. Export Restrictions/Legal Compliance
You may not access, download, use or export the Website, or the content provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any Resources of Company in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the Resources outside the U.S. Neither the Resources nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
20. Availability of Products or Services
Information on the Website may reference or cross-reference Company products, programs, or services that might not be available in your location. Such references do not imply that Company plans to make such products, programs, or services available in your location. Please contact your local Company representative for more information.
21. Waiver and Severability
The failure of Company to exercise or enforce any rights or provisions in these Terms shall not constitute a waiver of such right or provision. If any part or provision of these Terms is found to be unenforceable, such part or provision may be modified to make the Terms as modified legal and enforceable. The balance of the Terms shall not be affected.
22. Dispute Resolution and Arbitration
22.1 Dispute. For the purposes of this Section 20, the term “Dispute” will mean any dispute, controversy, or claim arising out of or relating to: (i) this Agreement, its interpretation, or the breach, termination, applicability or validity of this Agreement; (ii) any other dispute arising out of or relating to the relationship between Company and Hiring Party, between Company and Officer, or between Hiring Party and Officer. For purposes of this Section 20, the term “Company Group” will mean Off Duty Blue Incorporated, its parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, beneficiaries, assignees, successors in interest, and any third party which provides products or services purchased from or distributed by Company. For purposes of this Section 20, the term “User Group” will mean you and those in privity with you, such as your family members and beneficiaries.
22.2 No Lawsuit in Court. No member of Company Group or User Group will submit any Dispute (defined below) to any court of law. Company Group and User Group hereby forfeit their right to file and litigate a lawsuit in a court of law relating to any Dispute. User Group understands that, in the absence of this Section 20, User Group would have had a right to litigate disputes through a court, including the right, if any and subject to the rules of User Group’s jurisdiction, to litigate claims on a class-wide or class-action basis, and that User Group has expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this Section 20. This arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.
22.3 American Arbitration Association. Company Group and User Group may each provide the other party with written notice of its intention to initiate arbitration with respect to any Dispute. If Company Group and User Group do not amicably resolve or settle the Dispute in writing within thirty (30) days after such notice, the notifying party will have the right to submit such Dispute to the American Arbitration Association (“AAA”) for binding resolution. Any such Dispute will be resolved exclusively and finally by the AAA. The AAA’s Commercial Rules will govern the arbitration proceeding. Company Group and User Group will agree upon another arbitration forum if AAA ceases all of its operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the Dispute between Company Group and User Group. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis.
22.4 Selection of Arbitrator. Company Group and User Group will confer after service of written notice of arbitration to select a single agreed-upon arbitrator to adjudicate the Dispute. If Company Group and User Group are unable to agree upon an arbitrator within thirty (30) days after the date of such notice, the AAA will assign an arbitrator. Any decision or award rendered in such arbitration proceeding will be final and binding on Company Group and User Group, and judgment may be entered thereon only in the State or Federal courts in Onondaga County, New York. The prevailing party will be entitled to recover its reasonable attorneys’ fees, costs and arbitration expenses incurred since the date the Dispute was submitted to the AAA.
22.5 Substantive Law; Limitations on Award; Place; Language. In the arbitration, the arbitrator will apply the laws of the State of New York, excluding its conflict of law principles. The arbitrator will not have the right to award treble damages or punitive damages. The location of the arbitration will be in Syracuse, New York, and the arbitration will be conducted in the English language.
22.6 AAA Contact Information. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879 or by writing to 1633 Broadway, 10th Floor, New York, New York 10019.
23. Contact Information
If you have any questions regarding these Terms, please contact Company by sending an email to support@offduty.blue or by sending mail or a facsimile according to the contact information posted at our Contact Us page.
Last Revised: November 27, 2017