Terms of Service:
Effective March 27, 2022
BY ACCESSING, VIEWING, OR USING THE FINISHPROBATION WEBSITE OR MOBILE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF SERVICE, PLEASE DO NOT USE THE FINISHPROBATION WEBSITE OR MOBILE APP.
If you have any concerns, please contact us at firstname.lastname@example.org.
1. Before you can use the FinishProbation website or mobile app, you must be legally permitted to use the FinishProbation app by the laws of your jurisdiction. The FinishProbation website and mobile app are collectively referred to herein as the "FinishProbation Platform".
2. We may modify the Terms of Service from time to time in our sole discretion to reflect changes effecting our business. If we do so, we will notify you on the home screen of the mobile app. Therefore it is important to review the Terms of Service regularly to ensure you are updated as to any changes. Your continued use of the FinishProbation Platform following the posting of revised Terms of Service means you accept and agree to the changes.
3. If you access or use any FinishProbation product on someone else's behalf, you represent that you have the authority to bind that person to the Terms of Service.
4. Pricing and Payment Terms The FinishProbation Platform is a paid subscription service from FinishProbation that includes (where available): Identifier publication scheduling and notification services via a variety of communication mediums on a user defined schedule and historic records of past identifier publications. In addition to the subscription services, you may purchase historic test data of certain testing locations for the previous seven (7) days or all recorded days from the date of purchase in accordance with our published pricing.
If you elect to use the FinishProbation Platform, you agree to the pricing and payment terms, as we may update them from time to time. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Terms of Service.
All subscription and access charges for the FinishProbation Platform are payable in advance. Subscription can be purchased monthly via the FinishProbation Platform using a valid credit or debit card or other provided means of payment. FinishProbation is not responsible for any charges or expenses you incur resulting from charges billed by FinishProbation in accordance with the Terms of Service (e.g. overdrawn accounts, exceeding credit card limit, etc.). FinishProbation reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per user. FinishProbation has no obligation to refund any payments made through a third party for the use of the FinishProbation Platform or service any services obtained through the FinishProbation Platform unless stated to the contrary in this Terms of Service.
5. NO REFUNDS. You may cancel your FinishProbation account at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of service, any content or data associated with your account, or for anything else. Upon canceling your subscription service, your subscription will be valid until your paid period is completed.
6. FinishProbation is not responsible for the eligibility of records you document through the FinishProbation Platform. Records from FinishProbation may not be sufficient to prove that you completed what you recorded for courts or probation officers. You must converse with your probation officer before using this as proof of any completion.
7. Prohibited uses of the FinishProbation Platform include any uses that do not relate to FinishProbation's purpose of helping users get through probation, including, without limitation, the use of any features of the FinishProbation Platform that permit communications or postings to post, transmit, display, or otherwise communicate
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable information of others; or
v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
8. The information contained on the FinishProbation Platform, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of FinishProbation and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of the FinishProbation Platform solely for the purposes of using the FinishProbation Platform for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of the FinishProbation Platform, and prevent unauthorized copying of the Materials. Except as provided in the Terms of Service, FinishProbation does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
9. DISCLAIMER OF WARRANTY. You expressly agree that use of the FinishProbation website or mobile app is at your sole risk. Neither FinishProbation, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that the FinishProbation website or mobile app will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the FinishProbation Platform, or as to the accuracy, completeness, reliability, security, or currency of the Materials. Without limiting the foregoing, neither FinishProbation nor anyone associated with FinishProbation represents or warrants that the Materials or the FinishProbation Platform, their content, or any services or items obtained through the FinishProbation Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the FinishProbation Platform or any services or items obtained through the FinishProbation Platform will otherwise meet your needs or expectations.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, FinishProbation does not warrant reliability of any statement or other information displayed or distributed through the FinishProbation Platform. FinishProbation reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the FinishProbation Platform. FinishProbation may make any other changes to the FinishProbation Platform, the Materials and the products, programs, services, or prices (if any) described in the FinishProbation Platform at any time without notice.
THE FINISHPROBATION PLATFORM AND THE INFORMATION, CONTENT, AND MATERIALS ON THE FINISHPROBATION PLATFORM ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. FINISHPROBATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FINISHPROBATION WEBSITE OR MOBILE APP, THE CONTENT, INFORMATION, OR THE MATERIALS ON THE FINISHPROBATION WEBSITE OR MOBILE APP. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FINISHPROBATION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THE FINISHPROBATION PLATFORM OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE FINISHPROBATION PLATFORM OR YOUR USE OF THE FINISHPROBATION PLATFORM GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THE TERMS OF SERVICE.
10. LIMITATION OF LIABILITIES. YOU AGREE THAT FINISHPROBATION AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THE FINISHPROBATION PLATFORM REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL FINISHPROBATION OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THE FINISHPROBATION PLATFORM OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THE FINISHPROBATION PLATFORM, YOUR USE OF, OR INABILITY TO USE, THE FINISHPROBATION PLATFORM GENERALLY, OR OTHERWISE IN CONNECTION WITH THE TERMS OF SERVICE, REGARDLESS OF WHETHER FINISHPROBATION OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Any cause of action you may have with respect to your use of the FinishProbation Platform must be commenced within one year after the claim or cause of action arises. You agree to indemnify, defend, and hold harmless FinishProbation, its owners, affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the FinishProbation Platform, violation of the Terms of Service, violation of any law or regulation, or violation of any proprietary or privacy right.
12. Without limiting its other remedies, FinishProbation may immediately discontinue, suspend, terminate, or block your and any user's access to the FinishProbation website or mobile app at any time in our sole discretion.
13. Any sort of reward granted through referring payed users on the FinishProbation Platform may be revoked if it doesn't meet the requirements that we see fit.
14. As a convenience to you, we may provide on the FinishProbation Platform links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave the FinishProbation Platform. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by FinishProbation. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by FinishProbation. FinishProbation does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by FinishProbation. Links do not imply that FinishProbation sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of FinishProbation or any of its affiliates or subsidiaries. Except for links to information authored by FinishProbation, FinishProbation is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. FinishProbation reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
15. The Terms of Service are governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. FinishProbation makes no representation that the materials are appropriate or available for use outside the United States. If you access the FinishProbation Platform from outside the United States, you will be responsible for compliance with all applicable laws. You agree to comply with all laws and regulations applicable to your use of the FinishProbation Platform. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Wayne County, Michigan for any disputes with FinishProbation arising out of your use of the FinishProbation Platform.
16. The Terms of Service constitute the entire agreement between FinishProbation and you with respect to the FinishProbation Platform, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FinishProbation with respect to the FinishProbation Platform. A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Service, and the remainder of the Terms of Service shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
17. You agree to be bound by any affirmation, assent, or agreement you transmit through the FinishProbation website or mobile app, including, without limitation, to any consent you give to receive communications from FinishProbation solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.