Mobile Application 

Privacy Policy & Terms of Use 

PRIVACY POLICY

Libre Mobile App, Program Phone, and Mobile Check-In Program

Last Updated: April 1, 2020

 

This Privacy Policy is offered by Libre by Nexus, Inc., an affiliate of Nexus Services, Inc. (hereinafter “Libre,” “we,” “us,” or “our”) to explain the manner in which we may collect, use, and disclose any personal information we receive in connection with our Mobile Check-In Program. Our Mobile Check-In Program has two primary components: this online mobile application platform (the “App”) and, for certain Libre clients, a Libre-provided smartphone (“Program Phone”). We will refer to both components together, along with the features accessible through the App, the Program Phones’ third-party cellular and data services, software operating system(s), applications, including remote management software and services, and content, collectively as the “Mobile Check-In Program”.

 

The Mobile Check-In Program enables certain Libre clients to meet their contractual GPS monitoring obligations through video check-ins and tracking of a Program Phone (provided by Libre), which in some cases can replace the requirement of wearing wrist or ankle tracking equipment (at our sole discretion). The App portion of the Mobile Check-In Program also streamlines the new client contracting process (for participants and their sponsor(s)), enables quicker and more efficient mobile communication with Libre (including the submission of requests, information on remaining payments due, etc.), allows for mobile payments to Libre, creates a mobile legal referral portal, and provides a backup reminder service for Libre clients’ court dates and other mandated appointments. Additional features and services may be added from time to time in Libre’s discretion.

 

We want to assure you that Libre takes your privacy matters very seriously. Libre is intensely aware that it is in the business of serving a potentially vulnerable immigrant population and their families. We know that many of our program participants have heightened privacy concerns, especially relating to requests made by various governmental agencies. Libre has a proven track record of taking these concerns extremely seriously, and we see no reason why this shouldn’t also extend into our online interactions with you. This is why, even in those instances where we have the legal right to collect and use your personal information, we will strive to balance those interests against your interests, fundamental rights and freedoms. In this regard, Libre By Nexus will not sell or otherwise provide any of your personal data collected through the App to any commercial third parties, unaffiliated apps, websites, advertising exchanges, ad platforms, ad networks or other advertising service providers.

 

We strongly recommend that you take the time to read this Privacy Policy in full so you can understand the ways that your data will be collected and used. We want to be fully transparent with you about our data practices, some of which may identify you or from which you may be identified, so that you can make informed decisions about your privacy. If you have any questions, comments, complaints or suggestions in relation to data protection or this Privacy Policy, or any other concerns about the way in which we process information about you, please contact our Privacy Team, attention: Libre App Administrator, 113 Mill Place Parkway, Suite 103, Verona, Virginia 24482.

 

Below are the types of data we may collect about you and the ways in which we may collect, use and share that data.

 

A. What Data Does the Mobile Check-In Program Collect?

 

1. Data You Provide through the App or your Program Phone:

 

We receive and store data that you provide to us when you create an account and use the App’s features. When you create an App account, we collect and store the information you provide (e.g., things like your full name, email address, phone number, etc.) As you interact with us and use the App’s features, we may also collect other data that you directly provide to us, which may include, for example, the information you submit about your court dates, or in your legal referral requests, or in your requests for other services or assistance from us. We may also collect any other information you voluntarily provide us through the App from time to time, and we may combine the data we receive from you through the App with other communications between us that occur or have occurred offline.

 

If you have been provided with a Program Phone, we may collect and store any personally identifiable information you choose to enter into the Program Phone, whether that data was intended for us or for another third-party. You should always remember that your Program Phone is a fully monitored device, meaning that we have installed monitoring software and services that can collect, retrieve, and store any data that you provide on or through the Program Phone to any party for any reason. If you do not want us to collect or store a particular piece of information from or about you, you should not enter, transmit, or communicate such information into any Program Phone.

 

Also, depending on how you use the App or the Program Phone, Libre may in certain cases collect credit card numbers and related information, such as the expiration date and security code of the card you provide us (“Credit Card Information”) when you conduct a financial transaction through the App. When your Credit Card Information is submitted through the App, such information will be encrypted and protected with SSL encryption software. Libre will only use your Credit Card Information for purposes of processing and completing the transaction, and the Credit Card Information will be disclosed to third parties only as necessary to complete the transaction. If you do not want the App to store or use your Credit Card Information in this manner, you should not use the App to conduct a financial transaction using a credit card.

 

2. Data about How you Use the App or the Program Phone:

 

We may collect additional data about how you interact with the App and the App’s features. For example, we may collect data relating to your search terms, requests, button selections, what pages you view, your access times, the time you spend on each page, your IP address, the redirected pages, and the information you post through the App. We may also collect data relating to your device, such as your hardware model, operating system and version, unique ID and device identifiers, sensor activity, browser type, language, and wireless network, mobile device name, mobile apps installed, etc.

 

We may also collect additional data about how you interact with your Program Phone. For example, this may include call records containing phone numbers you call or receive calls from, websites you visit, text records, application and feature usage, clicks, button selections, other third-party apps, plug-ins or widgets that you download or use, and details of their use, service options you choose, mobile and device numbers, video streaming and video package usage and purchase data, your browsing, searching, and buying activities, web addresses of the sites you visit, screenshot records, browser and operating system information, platform type, connection speeds, and other attributes and data pertaining to the Program Phone and your use of it.

 

Some of these types of information may be sent to us automatically by your browser(s). The information we receive depends upon your browser’s settings. This information typically includes your computer’s IP address, the address of the web page you were visiting when you accessed the App, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit. Furthermore, our servers, logs and other technologies automatically collect system/device and usage information that may pertain to your personal identifiable data.

 

We may also use data collected by cookies and other technologies, such as cookie ID, web beacons, local storage and pixels, etc. (“Data Collection Technologies”). We may use these Data Collection Technologies for a number of purposes, such as for authentication, security, preference settings, and analytics. You can usually control the functionality of cookies through your browser settings or other tools; however, limiting the functionality of certain cookies may also limit certain functionalities of the App. For example, you will not be able to complete a financial transaction through the App if certain cookie functionality has been disabled.

 

3. Location Tracking Data:

 

We will automatically receive data about your location (e.g., latitude and longitude) and/or IP address whenever you interact with or use the App (e.g. open the App, log in, interact with the App’s features, etc.) We will also automatically receive and store data about the location of any Program Phone whether or not such phone is in use or powered on. As long as the App remains installed on your mobile device, we may also automatically receive and collect location data about you even when you are not directly interacting with the App and even if the App is closed (as permitted by your device settings). We do not honor web browser “Do Not Track” signals or other similar mechanisms.

 

Please be advised, if you are a Libre Program Participant with a bond securitized by Libre, and you are using the Mobile Check-In Program as your monitoring system, removing or uninstalling the App from your device or disabling your device’s background location sharing functionality may violate the terms of your contractual agreement(s) with Libre. Please refer to any contracts you may have entered into with Libre for more information in that regard.

 

We may use various technologies to determine your precise location, such as the location services of your operating system or browser, sensor data from your device (e.g. magnetometer, barometer, gyroscopes, accelerometers, compasses, Bluetooth data, beacon data, Wi-Fi access points, GPS data, and cell tower data), and other data that may help us to understand your precise location.

 

4. Data Received from Third Parties:

 

We may receive data about you from third parties, including third parties with services that interact with the App’s features or that provide services to us, such as unaffiliated apps and websites (e.g., websites and applications offered by third party developers that integrate with our App), and from other business partners, including third parties from whom we license data or services for the Mobile Check-In Program. This data includes data about your activity when using the App’s features or on unaffiliated websites and apps, or data received from web browsers or operating systems such as browser types and settings, the operating systems, device models, carriers, location information, IP address, as well as cookie information, pixel or other similar technology.

 

Note that we are not responsible for the security or privacy of any information collected by these third parties. You should review the privacy statements or policies applicable to the third-party services you connect to, use, or access.

 

We also sometimes use, or partner with publishers, publisher-facing, or app developer platforms that use mobile Software Development Kits (“SDKs”), or use an SDK with a mobile app that we offer, to collect information, such as mobile identifiers and information connected to how mobile devices interact with our services and those using our services. We may use this technology to deliver or help our partners deliver certain advertising through mobile applications and browsers based on information associated with your mobile device.

 

We also may collect personal information about you from non-technical third parties such as the person(s) or organization(s) helping you or arranging for you to access Libre’s securitization services, partners and service providers who work with us in relation to your bond securitization, and publicly available sources such as public websites, open government databases or other data in the public domain, to help us maintain data accuracy and provide and enhance our services to you.

 

The use of information gathering technology on the Internet or mobile devices is rapidly evolving, and the App may incorporate this new technology. As stated below, Libre reserves the right to change this Privacy Policy at any time by posting updates here. As a result, Libre strongly encourages you to revisit this Privacy Policy from time to time for any updates regarding its use of technology. Use of the App constitutes acknowledgement and acceptance of this Privacy Policy and Libre’s right to modify its privacy policies without additional notice.

 

B. How Is My Data Used?

 

1. To Operate, Maintain and Improve the App and the App’s features:

 

We may use your data to operate and maintain the App or its features, to understand you better, and to tailor to your specific needs the App’s features and our responses to your requests. We may combine this information with your other offline interactions with Libre to provide a fuller picture of your needs.

 

We may also use your data for research and development, to improve the App’s features, or to offer new products, features and tools, and to infer certain details about you, including demographic information and whether separate devices are owned by you or by members of your household, but only to the extent that this is in compliance with applicable law.

For example, we may want to redesign the App based on how you and others have been using the App for greater utility or efficiency. We also may want to use your data to provide you with your own personalized experience in the App. We may do this by inferring your interests and preferences, looking at your search history, and your other offline interactions with Libre.

 

We may also use your data to help us analyze the causes of why the App may have crashed or otherwise not functioned properly.

 

2. To Communicate with You:

 

We may use your data to communicate with you, including by email, text, or within the App about your court dates, other immigration appointments, or other news that pertains to your immigration case specifically, or pertaining to the immigration process generally, or to respond to your request for legal services from third parties or for other requests you may have made to us, or to offer you new product offerings, updates to the App’s features, or anything else we think may be of interest to you. If we decide to communicate with you electronically outside of the App, we will provide a mechanism and instructions for you to opt out of such communications. However, even if you opt out of non-essential marketing and promotional communications from Libre, please note that we may still send you non-promotional communications, such as those about your account, your contractual agreement(s) with us, your immigration bond (and your obligations therein), or any ongoing business relations between us.

 

3. To Protect our Rights:

 

We may use your data to protect the rights, property, or safety of Libre, the App, or its systems, networks, and the App’s features; or to protect our other users, program participants, employees, or any third party. For example, we may use your data if we need to enforce or apply our Terms of Use; in order to exercise our rights and to defend ourselves from claims and to comply with laws and regulations that apply to us or third parties with whom we work; and to meet our internal and external audit requirements, including our information security obligations.

 

If you are a Libre Program Participant with a bond securitized by Libre, we may also share your data with your bondsman or surety. If you have a sponsor on your Libre bond securitization contract, we may also share your data with that sponsor or sponsors, but we will only share non-public information about you with your sponsor(s) to the extent that you give us permission to do so.

 

4. To Enable our Third-Party Technology Partners and Service Providers:

 

We sometimes use service providers, vendors and contractors to provide or perform services on our behalf. These include providers who host our data or help us provide a better service to you. In these cases, we may need to share your data with them. Our service providers, vendors and contractors will be subject to contractual obligations to: (i) only process your data in accordance with our prior written instructions; (ii) not use your data for their own purposes; and (ii) use appropriate measures to protect the confidentiality and security of your data; together with any other additional requirements we have or that are available under applicable law. These service providers, vendors and contractors may include, but are not limited to, the following categories:

 

cloud storage providers, such as Amazon Web Services, which may store the data (including your personal data) that we collect for operation of the App, for disaster recovery services, and for the other purposes of data collection that are described in this Privacy Policy;

IT Services providers who provide us with services to help us manage and operate the App effectively and efficiently;

Third party payment processors to assist us in accepting payments from you;

Remote management software and service providers, but only to the extent that they need such information to assist us in remotely managing your Program Phone;

The wireless carrier providing voice and data service to your Program Phone, but only to the extent that they need such information to maintain the proper functioning of your Program Phone; and

analytics and search engine providers that assist us in the improvement and optimization of the App.

 

5. To Comply with the Law:

 

We may be legally obligated to share your data when we believe in good faith that such release is necessary to comply with a valid law or a legal process, including laws outside your country of residence; to protect our rights, property, or safety of Libre, our employees, the App’s features, and others, for the prevention, detection or investigation of a crime or other breach of law or requirement, loss prevention or fraud, or to comply with mandatory requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities.

 

6. To Facilitate a Corporate Restructuring:

 

We may share your data as part or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganization, liquidation, or similar business transaction or corporate event.

 

C. Other Privacy Related Information

 

1. Special Privacy Provisions for California Residents:

 

If you are a California resident, you have the following rights below. We will not discriminate against any California resident who exercises these rights. If you are not a California resident, we may, at our discretion, respond to requests relating to these provisions.

 

Right to access/know: You may request from us a list of: (i) the personal information data that we have collected about you through the App; (ii) the categories of third parties to whom we have disclosed the personal information we collected about you through the App; and (iii) the categories of third parties to whom we have sold your personal information. You have the right to up to two (2) access requests each twelve (12) months.

 

Right to Delete your Personal Information: You may request, at any time, that we delete your App account and the personal information we collected about you through the App.

 

Right to opt out from the sale of your Personal Information: You may request, at any time, to direct us to stop selling the personal information we collected about you through the App (although, as noted above, we do not presently sell your personal information to third parties).

 

You may contact us in relation to these rights by submitting your request through the App once you are logged in under your own account and password. We are required to verify or otherwise authenticate your request(s) to ensure your privacy and protection. Therefore, we require that you log into your account through the App to make your request here. If you do not have an account with us, we are unable to fulfill your request because we cannot verify or authenticate your request. We will not use the information you provide as part of your request for any other purpose other than to fulfill your opt-out request.

 

2. Our Security Protocol:

 

Libre takes the security of your personal information seriously and we use appropriate technologies and procedures to protect your personal information (including administrative, technical and physical safeguards) according to the risk level and the service provided. We endeavor to safeguard your data to ensure that it is kept secure. However, we cannot guarantee the security of data in an account from unauthorized entry or use, hardware or software failure, or other factors.

 

Libre cannot guarantee that its security measures will prevent networked computers from being illegally accessed or that your personal information won’t be stolen or altered. Any use of the Internet or networked services comes with inherent and unavoidable security risks. If these risks are unacceptable to you, you should not use the App.

 

Your account is protected by a password that you have chosen. We recommend using a strong password (of at least 8 characters including numbers, letters, and at least one other symbol) that is unique to the App. If you use the App or any App’s features on public or shared networks (e.g. public wifi), the likelihood of a data breach increases.

 

3. Children under 13:

 

Neither the App not the App’s features are directed to individuals who are under eighteen (18) years of age. Therefore, we do not knowingly collect any data from children under thirteen (13). If you notice or suspect that a user is under 13, please contact us immediately by writing the Libre App Administrator, 113 Mill Place Parkway, Suite 103, Verona, Virginia 24482.

 

4. Personal Information Data Retention:

 

The criteria for determining the duration for which we will keep your data are as follows: we will retain copies of your data only for as long as you either maintain your App account or while you have an open bond securitized through Libre, or as further necessary in connection with the purposes set out in this Privacy Policy, unless applicable law requires a longer retention period. In addition, we may retain your data for the duration of any period necessary to establish, exercise or defend any legal rights.

 

5. Changes to this Privacy Policy:

 

Libre may amend this Privacy Policy from time to time. You should be aware that any future changes or additions to this Privacy Policy will not be specifically communicated to you through any additional notice beyond our updating this Policy and posting such changes here on or before the date such changes become effective. We strongly encourage you to revisit this Privacy Policy from time to time for any updates regarding our use of your personal information. You will be bound by any changes to this Privacy Policy when you access or use the App after such changes have been first posted, as allowable by law.

TERMS OF USE

Libre Mobile App and Mobile Check-In Program

Last Updated: April 1, 2020

 

Libre by Nexus, Inc., an affiliate of Nexus Services, Inc. (hereinafter “Libre,” “we,” “us,” or “our”) provides this online mobile application platform (the “App”) and, for certain Libre clients, additional hardware, e.g., a GPS-enabled smart-phone (“Program Phone”) provided with third-party cellular and data services, software operating system(s), and applications, including remote management software and services, all offered in combination to facilitate Libre’s bond securitization program, along with other affiliated services, features, content, applications, and widgets offered on, in, through, or in conjunction with the App and/or the Program Phones (such software and services, the App, and the Program Phones collectively referred to as the “Mobile Check-In Program”).

 

The Mobile Check-In Program enables certain Libre clients to meet their contractual GPS monitoring obligations through video check-ins and tracking of a Program Phone (provided by Libre), which in some cases can replace the requirement of wearing wrist or ankle tracking equipment (at our sole discretion). The App portion of the Mobile Check-In Program also streamlines the new client contracting process (for participants and their sponsor(s)), enables quicker and more efficient mobile communication with Libre (including the submission of requests, information on remaining payments due, etc.), allows for mobile payments to Libre, creates a mobile legal referral portal, and provides a backup reminder service for Libre clients’ court dates and other mandated appointments. Additional features and services may be added from time to time in Libre’s discretion.

 

Acceptance of these Terms of Use

 

PLEASE READ CAREFULLY THESE TERMS OF USE, WHICH INCORPORATE BY REFERENCE OUR “PRIVACY POLICY” (COLLECTIVELY “TERMS OF USE”), BEFORE DOWNLOADING, ACCESSING, OR USING THE APP; TAKING POSSESSION OF OR USING A PROGRAM PHONE; OR PARTICIPATING IN THE MOBILE CHECK-IN PROGRAM. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE APP, AND IF APPLICABLE TO YOU, A PROGRAM PHONE AND THE MOBILE CHECK-IN PROGRAM.

 

CERTAIN SECTIONS OF THESE TERMS OF USE CONTAIN LIMITATIONS ON YOUR RIGHTS, INCLUDING A REQUIREMENT THAT YOU RESOLVE ALL DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. IT IS THEREFORE IMPORTANT THAT YOU READ THESE TERMS OF USE CAREFULLY AND TAKE THE TIME TO CONSIDER YOUR ACCEPTANCE OF THE TERMS HEREIN.

 

YOU ACKNOWLEDGE AND AGREE THAT, BY (i) DOWNLOADING, ACCESSING, OR USING THE APP, WHETHER OR NOT YOU LOG IN OR HAVE REGISTERED AN ACCOUNT, OR (ii) ACCEPTING POSSESSION OF OR USING A PROGRAM PHONE, OR (iii) PARTICIPATING IN THE MOBILE CHECK-IN PROGRAM, YOU, YOUR HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ, CONSIDERED, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APP, ANY PROGRAM PHONE, OR THE MOBILE CHECK-IN PROGRAM.

 

If you do not agree to these Terms of Use but you have a preexisting contract with Libre, particularly if you signed an immigration bond securitization Contract for Services (your “Bond Securitization Contract”), please read carefully the “Conflict with Other Libre Contracts” section, below.

 

Terms of Use Modifications

 

Libre reserves the right, in its sole discretion, to modify these Terms of Use at any time. If we modify these Terms of Use, we will post such modification(s) through a link on the App, and we will update the “Last Updated Date” at the top of these Terms of Use. We may also choose to provide you with additional text, email, telephone, or other written notice of the modification(s), but we are under no obligation nor expectation to do so. You may also be asked to re-acknowledge and re-accept the Terms of Use following any material changes, but we are neither required nor expected to obtain your affirmative re-acknowledgement or re-acceptance.

 

By continuing to access or use the App, a Program Phone, or the Mobile Check-In Program after we have posted a modification herein or have provided you with notice of a modification, you are indicating your agreement and express consent to be bound by the modified Terms of Use.

 

If the modified Terms of Use are not acceptable to you, you must immediately cease using the App, any Program Phone, and the Mobile Check-In Program. This is your only recourse.

 

If you do not agree to any modification of these Terms of Use but you have a preexisting contract with Libre, particularly if you signed a Bond Securitization Contract, please read carefully the “Conflict with Other Libre Contracts” section, below.

 

Conflict with other Libre Contracts

 

These Terms of Use shall not supersede or otherwise modify or amend any other contract you may have with Libre, specifically but not limited to your Bond Securitization Contract. To the extent that any provision of these Terms of Use, as may be modified in accordance with the terms herein, contradicts one or more provisions of your Bond Securitization Contract or any other agreement you have with Libre, your Bond Securitization Contract or such other Libre agreement shall take precedence.

 

If you do not wish to be bound by these Terms of Use or to any future modification, but your Bond Securitization Contract with Libre requires you to wear GPS (global positioning service) tracking equipment, you must contact your Libre Case Manager within 24 hours of your decision to opt out of the Mobile Check-In Program to arrange for an alternate method of monitoring. Your failure to communicate with your Libre Case Manager in a timely manner or your failure to cooperate with Libre in setting up alternative arrangements for your monitoring may constitute a breach of your Bond Securitization Contract, may result in Program Non-Compliance Fees, and/or other remedies or damages as set forth in your Bond Securitization Contract.

 

Additional Terms pertaining to certain Features

 

Certain features of the Mobile Check-In Program (accessible through the App or a Program Phone or both) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Feature-Specific Terms”). If there is a conflict between these Terms of Use and terms and conditions posted for a specific feature of the Mobile Check-In Program, the Feature-Specific Terms will take precedence with respect to your use of or access to that feature.

 

Mobile Check-In Program Eligibility

 

The App, any Program Phone, and the Mobile Check-In Program are only offered to users while they are located within the continental United States or Puerto Rico who can form legally binding contracts under applicable law and are at least eighteen (18) years of age. By accessing or using the App, a Program Phone, or the Mobile Check-In Program, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Mobile Check-In Program according to the laws of the United States or other application jurisdiction.

 

Account Registration

 

In order to access or use certain features of the App, a Program Phone, or the Mobile Check-In Program, you may be required to create an App account (“Account”) and become a “Registered User”. During the registration process you will be required to provide certain personal information and establish a username and a password. You agree to provide accurate, current and complete information during the registration process and at other times when you use the App, a Program Phone, or the Mobile Check-In Program, and to update such information to keep it accurate, current and complete. In the event you change or deactivate the mobile telephone number connected to your Account (whether or not such phone number is associated with a Program Phone), you agree that you will update your Account information on the App within 48 hours to ensure that our responses or messages to you are not sent to the person who acquires your old number. Failure to do adhere to any of these registration requirements shall constitute a breach of these Terms of Use, which may result in immediate termination of your Registered User account.

 

We may refuse to grant to you one or more particular username(s) that you request. Once we have granted you a particular username, we may cancel it (by for example terminating your Account) or require you to create a different username at any time and for any reason in our sole discretion. You may only maintain one username at any given time. With respect to any Account, the username you choose is solely for the purpose of facilitating your access to the App, a Program Phone, or to the Mobile Check-In Program and for our ability to identify you as the Registered User. You acknowledge and agree that neither our acceptance of your chosen username nor your use of the Mobile Check-In Program under such username confers any legal rights upon you with respect to that name, including for example any copyright or trademark rights to the username, and you expressly disclaim any such rights thereto.

 

You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer or mobile device (whether or not it is a Program Phone), and you agree to accept responsibility and liability for all activities that occur under your Account or password. You shall never use another user's Account unless (i) you are such other user’s sponsor, (ii) such other user has given you prior express written permission to log in and access his or her Account, and (iii) such Account-holder’s written permission has been provided to Libre prior to your use of such Account. You agree that you shall not provide your password to any other person unless you want them to have access to your Account, for which you will remain fully liable. You will immediately notify Libre of any unauthorized use of your Account, or other Account related security breach of which you are aware.

 

You agree that you will not: create an account for anyone other than yourself without such person's permission; create a username that is the name of another person with the intent to impersonate that person; or create a username that is a name that is controversial, offensive, vulgar, obscene or otherwise unlawful, the determination of which shall be made by Libre in its sole discretion. Libre reserves the right to refuse registration of, or cancel a username, in its sole discretion.

 

Privacy

 

Libre is intensely aware that it is in the business of serving a potentially vulnerable immigrant population and their families. We know that many of our program participants have heightened privacy concerns, especially relating to requests made by various governmental agencies. Libre has a proven track record of taking these concerns extremely seriously, and we see no reason why this shouldn’t also extend into our online interactions with you. While we are obligated to follow the law (such as in cases where we receive a mandatory subpoena to provide certain information), we will also strive to take the whatever additional steps we deem necessary and appropriate to guard and defend the personal information you provide us through the App, the Program Phones, or the Mobile Check-In System, especially from unjustified government requests.

 

By using the App, a Program Phone, or the Mobile Check-In Program, you consent to Libre’s collection, use, and disclosure of certain information about you and your device(s). Please refer to Libre’s Privacy Policy (found here) for information and notices concerning Libre’s collection, use, and disclosure of your personal information. Please review our data collection practices carefully before using the App, a Program Phone, or the Mobile Check-In Program. You use of the App, a Program Phone, or the Mobile Check-In Program constitutes your acknowledgement of and agreement to Libre’s Privacy Policy.

 

Ownership and Intellectual Property

 

The App, the Program Phones, and the Mobile Check-In Program are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Libre and its licensors exclusively own all right, title and interest in and to the App, the Program Phones, and the Mobile Check-In Program, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App, the Program Phone, or the Mobile Check-In Program.

 

All trademarks, service marks, logos, trade names and any other proprietary designations of Libre used in or on the App or the Mobile Check-In Program are trademarks or registered trademarks of Libre. Any other trademarks, service marks, logos, trade names and any other proprietary designations in or on the App, the Program Phones, or the Mobile Check-In Program are the trademarks or registered trademarks of their respective parties.

 

Your License to Use the Mobile Check-In Program

 

“Content” on the App or the Mobile Check-In Program means any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on or through the App or the Mobile Check-In Program. Subject to your compliance with these Terms of Use, Libre grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the App and the Mobile Check-In Program, and to access, use, and view any Content solely for your personal and non-commercial use in furtherance of or support with the Mobile Check-In Program. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App, the Mobile Check-In Program, or Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Libre or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

 

User Submitted Content

 

We may, in our sole discretion, permit you to submit, post, upload, publish, email, send or transmit Content on or through the App or the Mobile Check-In Program, either through a Program Phone or other mobile or computer devices. By making available any Content through the Mobile Check-In Program, you hereby grant to Libre a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to use, copy, adapt, modify, distribute, reference, store, cache, transmit, stream, license, sublicense, transfer, and otherwise exploit such Content in any form or medium or technology now known or later developed, in whole or in part, solely for the purpose of providing you the Mobile Check-In Program, for testing or improving Libre’s internal technologies and processes, and for Libre’s other legitimate business interests or operations. You agree that Libre may use third party technologies and service providers in the course of exercising any of Libre’s rights within this section. You agree that neither Libre nor any third-party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. Libre reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Content, that Libre, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Use or otherwise harmful to the Mobile Check-In Program or otherwise violates any applicable law.

 

You acknowledge and agree that you are solely responsible for all Content that you send, upload, or otherwise make available through the App or the Mobile Check-In Program. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the App or the Mobile Check-In Program or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Libre the rights in such Content, as contemplated under these Terms of Use; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Libre’s use of the Content (or any portion thereof) on, through or by means of the App or the Mobile Check-In Program or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Idea or Proposal Submissions/Feedback

 

If you choose to provide any proposals or feedback to us about the App or the Mobile Check-In Program or otherwise (in written or oral form) (“Feedback”), you acknowledge and agree that all Feedback will be the sole and exclusive property of Libre and you hereby irrevocably assign to Libre and agree to irrevocably assign to Libre all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.

 

Mobile Payments

 

The Mobile Check-In Program offers you the ability to make certain financial payments to Libre through the App (“Mobile Payments”). Mobile Payments may be made on your own behalf or on behalf of any program participant you sponsor. You must follow the App’s instructions and clearly identify which Libre client’s account you want credited with your payment, particularly if the payment is not intended for yourself.

 

Mobile credit-card Payments can be made for any fees or other financial obligations due to Libre (e.g., Set-Up Fees, Monthly Program Fees, Maintenance Fees, Equipment Damage Fees, Program Non-Compliance Fees, etc.) Payments made through the App are final and non-refundable unless otherwise determined by Libre. You will not receive credit for any payment you attempt to make using an expired or invalid credit card, or for any other attempt that fails to process. You warrant and represent that the information you provide through the App in connection with an actual or attempted Mobile Payment is accurate and that the credit card account is owned by you and that you have the legal authority to authorize the Mobile Payment through that credit card account.

 

Libre uses third-party payment processors (the “Payment Processors”) to link your credit card account to each Mobile Payment you have requested. The processing of payments or credits, as applicable, in connection with any Mobile Payment will be subject to the terms, conditions and privacy policies of the Payment Processors and your credit card issuer in addition to these Terms of Use. Libre is not responsible for any errors by the Payment Processors. You acknowledge and agree that you will address any issues related to the Payment Processors directly through your credit card issuer in accordance with your credit card agreement. You agree that you will not dispute any payment to Libre or request a payment chargeback through your credit card provider without a good faith basis for such request.

 

Libre will obtain certain transaction details in connection with any Mobile Payment, which Libre will use solely in accordance with our Privacy Policy.

 

Video Check-Ins

 

By using the video check-in feature of the Mobile Check-In Program, you consent to and approve of Libre’s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice (your “Rights of Publicity”). By your use of the Mobile Check-In Program, you grant Libre a royalty free license for the use of your Rights of Publicity and any related information for Libre’s lawful business purposes.

 

General Prohibitions

 

As a condition of your use, you shall not use the App, a Program Phone, or the Mobile Check-In Program for any purpose that is prohibited by these Terms of Use. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

 

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, publish, submit, or otherwise distribute or facilitate distribution or publication of any Content (including any links thereto) on or through the App, any Program Phone, or the Mobile Check-In Program that:

 

  • infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or any duty of confidentiality that you owe to another party; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, inaccurate, or deceptive; (iv) is threatening, abusive, harassing, predatory, stalking, invasive of another’s privacy, defamatory, libelous, obscene, pornographic, vulgar or offensive, as may be solely determined by Libre in its discretion; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, as may be determined by Libre in its discretion; (vi) promotes, encourages, or engages in terrorism violence against people, animals, or property; (vii) promotes, demonstrates, depicts, or constitutes illegal or harmful activities or substances; (viii) contains or depicts nudity or sexual activity; (ix) promotes, encourages, depicts, or engages in child pornography or the exploitation of children; or (x) is otherwise inappropriate or objectionable as determined by Libre in its sole discretion.

 

  • uses, displays, mirrors or frames the App or the Mobile Check-In Program, or any individual element within the Mobile Check-In Program, or any Libre or Libre’s providers’ or licensors’ name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Libre’s express written consent;

 

  • accesses, tampers with, or uses non-public areas of the App, a Program Phone, or the Mobile Check-In Program, Libre’s computer systems or networks, or the network(s), technical data storage areas or delivery systems of Libre’s providers or licensors;

 

  • attempts to probe, scan, or test the vulnerability of any Libre or any of Libre’s providers’ or licensors’ system or network or breach any security or authentication measures;

 

  • avoids, bypasses, removes, deactivates, impairs, descrambles or otherwise circumvents any technological measure implemented by Libre or any of Libre’s providers, licensors, or any other third party (including another user) to protect the App, the Program Phones, the Mobile Check-In Program, or Content;

 

  • attempts to access, harvest, scrape, or search the App, the Mobile Check-In Program, or Content or download Content from the App or the Mobile Check-In Program through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Libre or other generally available third party web browsers;

 

  • sends any unsolicited or unauthorized advertising, promotional materials, email, junk mail, bulk email (spam), chain letters, pyramid schemes;

 

  • uses any meta tags or other hidden text or metadata utilizing a Libre trademark, logo, URL, or product name without Libre’s express written consent;

 

  • uses the App, a Program Phone, the Mobile Check-In Program, or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;

 

  • forges any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way uses the App, a Program Phone, the Mobile Check-In Program or Content to send altered, deceptive or false source-identifying information;

 

  • attempts to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the App, a Program Phone, the Mobile Check-In Program, Content, or any of the software used therein;

 

  • interferes with, or attempts to interfere with, the operation of the App, a Program Phone, the Mobile Check-In Program, and Content, the access of any user, host or network, including, without limitation, hacking, cracking, sending or installing any kind of computer virus, file, worm, logic bomb, or other computer code designed to be capable of disrupting, damaging, or limiting the functionality of any software or hardware, overloading (e.g., a DDoS “denial of service attack”), flooding, spamming, or mail-bombing the App or the Mobile Check-In Program, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Libre or any third party;

 

  • takes any action that imposes or may impose (as determined by Libre in its sole discretion) an unreasonable or disproportionately large load on Libre’s (or its third-party providers’) infrastructure;

 

  • collects or stores any personally identifiable information from the App or the Mobile Check-In Program from other users of the App or the Mobile Check-In Program or any other Libre client without their express written permission;

 

  • impersonates or misrepresents your affiliation with any person or entity;

 

  • violates any applicable law or regulation; or

 

  • encourages or enables any other individual to do any of the foregoing.

 

Libre will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Libre may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Libre has no obligation to monitor your access to or use of the App, a Program Phone, or the Mobile Check-In Program or to review or edit any Content, but Libre has the right to do so for the purpose of operating the App or the Mobile Check-In Program, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

 

Links

 

The App and the Mobile Check-In Program may contain links to other websites and online resources that Libre does not own, control, authorize, endorse or sponsor, and you understand that by using the App or the Mobile Check-In Program and accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate or that may otherwise violate applicable law. You understand and agree that Libre is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement, ownership, control, authorization or sponsorship by Libre of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. By using the App and the Mobile Check-In Program, you expressly release Libre from any and all liability arising from your use of any third-party website or online resource. Accordingly, Libre encourages you to be aware when you leave the App or the Mobile Check-In Program and to review the terms and conditions, privacy policies, and other governing documents of each website that you may visit.

 

Termination and Account Cancellation

 

If you breach any of these Terms of Use or otherwise violate applicable law, in its sole discretion and without prior notice to you, Libre has the right to suspend, disable, terminate or cancel your Account and/or terminate these Terms of Use. Libre is under no obligation to continue to support the App or the Mobile Check-In Program in any way, or to continue to provide you access to a Program Phone, or to provide you with updates or error corrections to the App, a Program Phone, or the Mobile Check-In Program. Your rights under these Terms of Use will terminate immediately and automatically, with or without notice, in Libre’s sole discretion, if Libre ceases to support the App or the Mobile Check-In Program. Libre reserves the right to revoke, suspend, cancel or disable your access to and use of the App, your use or possession of a Program Phone, the Mobile Check-In Program, and Content at any time, with or without cause.

 

If you signed a Bond Securitization Contract with Libre that requires GPS monitoring and Libre ceases to operate or support the App, your Program Phone, or the Mobile Check-In Program, we will contact you in advance to arrange your transition to an alternative monitoring program. Our discretionary decision to cease operations of the App, the Program Phones, or any feature therein that precludes the operational or monitoring functionality of the Mobile Check-In Program will not result in your breach of your Bond Securitization Contract provided that you reasonably communicate and cooperate with Libre’s efforts to transition your monitoring to an alternative GPS program, as and if required by your Bond Securitization Contract.

 

Disclaimers

 

THE APP, THE PROGRAM PHONES, THE MOBILE CHECK-IN PROGRAM AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LIBRE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LIBRE MAKES NO WARRANTY THAT THE APP, THE PROGRAM PHONES, THE MOBILE CHECK-IN PROGRAM, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LIBRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE APP, PROGRAM PHONE, OR MOBILE CHECK-IN PROGRAM WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. LIBRE MAKES NO WARRANTY THAT LIBRE WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE APP, A PROGRAM PHONE, OR THE MOBILE CHECK-IN PROGRAM, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE FEATURE FOR ANY PARTICULAR LENGTH OF TIME, AND LIBRE RESERVES THE RIGHT TO CHANGE AND UPDATE THE APP, YOUR PROGRAM PHONE, THE MOBILE CHECK-IN PROGRAM, AND ANY SOFTWARE FEATURE WITHOUT NOTICE TO YOU.

 

YOU ACKNOWLEDGE THAT THE “COURT DATE” FEATURE OF THE APP IS OFFERED MERELY AS A BACKUP REMINDER SERVICE, NOT AS A PRIMARY SOURCE OF INFORMATION UPON WHICH YOU CAN OR SHOULD RELY. THE “COURT DATE” FEATURE WILL CONTAIN ENTRIES PROVIDED BY YOU (YOUR “COURT INFORMATION”). WE MAY ATTEMPT TO USE COMMERCIALLY REASONABLE EFFORTS TO CONFIRM THE ACCURACY OF YOUR COURT INFORMATION YOU PROVIDE IN THIS FEATURE, BUT WE ARE UNDER NO OBLIGATION OR EXPECTATION BY YOU TO DO SO. ANY CONFIRMATION INFORMATION WE OBTAIN OR PROVIDE WILL LIKELY BE OBTAINED OR PROVIDED BY THIRD PARTIES OUTSIDE OF LIBRE’S OVERSIGHT OR CONTROL. LIBRE EXPRESSLY DISCLAIMS ANY OBLIGATION TO VERIFY OR CONFIRM THAT THE COURT INFORMATION PROVIDED ON OR THROUGH THE APP IS COMPLETE OR ACCURATE. YOU REMAIN SOLELY RESPONSIBLE FOR MONITORING YOUR LEGAL OBLIGATIONS EVEN WHEN COURT INFORMATION RELATING TO A PARTICULAR ACTION IS PROVIDED TO YOU THROUGH THE APP. IN THE EVENT THAT LIBRE PROVIDES YOU WITH COURT INFORMATION UPDATES OR CHANGES, LIBRE MAKES NO WARRANTY REGARDING ITS ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY, AND BY YOUR USE OF THIS FEATURE OF THE APP, YOU EXPRESSLY WAIVE ANY CLAIM(S) THAT DEPENDS ON YOUR RELIANCE ON THE ACCURACY OR COMPLETENESS OF THE COURT INFORMATION PROVIDED TO YOU ON OR THROUGH THE APP, EVEN IF SUCH CLAIMS ARE BASED ON LIBRE’S OWN NEGLIGENCE OR GROSS NEGLIGENCE.

 

YOU ACKNOWLEDGE THAT THE “LEGAL REFERRAL” FEATURE OF THE APP, AND/OR YOUR USE THEREOF, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND LIBRE. YOU ACKNOWLEDGE THAT NEITHER LIBRE NOR THE APP ARE OWNED OR OPERATED BY LICENSED ATTORNEYS IN ANY JURISDICTION. YOU ACKNOWLEDGE THAT LIBRE WILL NOT PROVIDE YOU WITH ANY LEGAL ADVICE OR SERVICES AND YOU AGREE TO NOT RELY ON ANY ADVICE OR INFORMATION PERTAINING TO YOUR LEGAL MATTERS THAT YOU MAY RECEIVE FROM LIBRE, ITS EMPLOYEES, OR THROUGH THE APP OR THE MOBILE CHECK-IN PROGRAM. LIBRE WILL ONLY USE COMMERCIALLY REASONABLE EFFORTS TO TRANSMIT YOUR LEGAL REFERRAL REQUEST TO ONE OR MORE INDEPENDENT PRO BONO LAW FIRMS (LIBRE’ S PARENT COMPANY MAY PROVIDE OR IS PROVIDING FINANCIAL SUPPORT TO SUCH FIRM(S)), OR TO ANY OTHER LAW FIRM OF LIBRE’S CHOOSING, IN ITS SOLE DISCRETION, BUT LIBRE MAKES NO WARRANTY THAT YOUR REQUEST OR ANY PIECE OF INFORMATION THEREIN WILL ACTUALLY BE TRANSMITTED TO OR RECEIVED BY ANY OUTSIDE LAW FIRM OR TO ANY OTHER THIRD-PARTY ATTORNEY OR LAW FIRM. LIBRE DISCLAIMS ANY GUARANTEE OR ASSURANCE REGARDING THE QUALITY OF LEGAL ADVICE OR SERVICE PROVIDED BY SUCH THIRD-PARTY ATTORNEYS OR FIRMS. LIBRE MAKES NO WARRANTY THAT SUCH THIRD-PARTY ATTORNEY OR FIRM WILL REVIEW OR ACCEPT YOUR REQUEST FOR ADVICE OR SERVICES. IN THE EVENT THAT YOUR REQUEST FOR LEGAL ASSISTANCE IS ACCEPTED BY A THIRD-PARTY REFERRED THROUGH THE APP, LIBRE MAKES NO WARRANTY REGARDING THE ACCURACY, SOUNDNESS, APPROPRIATENESS, OR EFFECTIVE ASSISTANCE OF THE LEGAL ADVICE AND SERVICES PROVIDED TO YOU, NOR TO THE OUTCOME OF ANY LEGAL PROCEEDING WHEREIN SUCH THIRD PARTY ATTORNEY OR FIRM REPRESENTS YOU. LIBRE DISCLAIMS ANY OBLIGATION AND MAKES NO WARRANTY THAT ANY INFORMATION OR FACTS YOU SUBMIT THROUGH THE APP OR THE MOBILE CHECK-IN PROGRAM WILL REMAIN CONFIDENTIAL OR WILL BE SUBJECT TO ATTORNEY-CLIENT, WORK PRODUCT, OR ANY OTHER LEGAL PRIVILEGE. GIVEN THE INHERENT SECURITY RISKS OF ONLINE COMMUNICATION, YOU ACKNOWLEDGE THAT LIBRE CANNOT GUARANTY THAT ANY LEGAL REFERRAL REQUEST YOU SUBMIT WILL REMAIN SECURE AND THAT YOUR SUBMISSION MAY BE INTERCEPTED ILLEGALLY. YOU ACKNOWLEDGE THAT THERE MAY ALSO BE A RISK OF WAIVER OF ATTORNEY-CLIENT OR WORK PRODUCT PRIVILEGES BY YOUR USE OF THE APP OR THE MOBILE CHECK-IN PROGRAM.

 

YOU ACKNOWLEDGE THAT THE “LIBRE EMERGENCY HOTLINE” FEATURE OF THE APP IS ONLY INTENDED TO PROVIDE YOU WITH AN IN-APP METHOD TO CONTACT LIBRE’S REGULAR CALL CENTER OPERATIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL FIRST CONTACT 911 OR OTHER LOCAL EMERGENCY MOBILE SERVICES IN THE EVENT THAT YOU ARE EXPERIENCING AN ACTUAL MEDICAL EMERGENCY OR OTHER SITUATION THAT RISKS YOUR PHYSICAL HEALTH OR SAFETY, DAMAGES PROPERTY, OR OTHERWISE REQUIRES AN IMMEDIATE RESPONSE. LIBRE DOES NOT OFFER OR INTEND THE “LIBRE EMERGENCY HOTLINE” FEATURE OR ANY OTHER FEATURE OF THE APP TO BE MEDICAL OR HEALTH DEVICES OR PROVIDE MEDICAL OR HEALTH ADVICE. LIBRE EXPRESSLY DISCLAIMS ANY DUTY, OBLIGATION, OR EXPECTATION TO RESPOND TO YOUR EMERGENCY HOTLINE REQUEST BEYOND MAKING A COMMERCIALLY REASONABLE ATTEMPT TO CONNECT YOU WITH A NON-MEDICALLY TRAINED LIBRE CALL CENTER OPERATOR. YOU ACKNOWLEDGE THAT THE APP’S ATTEMPT TO CONNECT YOU TO A LIBRE OPERATOR MAY FAIL FOR A VARIETY OF TECHNICAL, PERSONNEL, OR OTHER REASONS, WHICH MAY BE CAUSED BY TECHNICAL DIFFICULTIES, OUTSIDE EVENTS, THIRD-PARTIES, OR BY THE ACTS, OMISSIONS, OR NEGLIGENCE OF LIBRE ITSELF, OR FOR ANY OTHER REASON. LIBRE EXPRESSLY DISCLAIMS ANY LIABILITY FOR YOUR INABILITY TO CONNECT TO A LIBRE CALL CENTER OPERATION IN A TIMELY FASHION THROUGH THE APP, OR AT ALL. LIBRE DISCLAIMS ANY DUTY, OBLIGATION, ASSURANCE, OR EXPECTATION THAT YOU WILL RECEIVE ANY PARTICULAR RESPONSE IN ANY GIVEN TIME PERIOD.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIBRE OR THROUGH THE APP OR THE MOBILE CHECK-IN PROGRAM OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THE APP, A PROGRAM PHONE, OR THE MOBILE CHECK-IN PROGRAM.

 

Indemnity

 

You agree to defend, indemnify, and hold Libre, its parent, subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the App, Program Phone(s), the Mobile Check-In Program, or Content; (ii) your violation of these Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive the termination or expiration of these Terms of Use or your use of the App, any Program Phone, or the Mobile Check-In Program.

 

Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP, ANY PROGRAM PHONE, THE MOBILE CHECK-IN PROGRAM, AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LIBRE NOR ANY OTHER COMPANY OR INDIVIDUAL INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP, A PROGRAM PHONE, THE MOBILE CHECK-IN PROGRAM, OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR CELLULAR TELEPHONE DAMAGE (INCLUDING PROGRAM PHONES OR OTHER CELLULAR TELEPHONES), OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIBRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIBRE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE APP, A PROGRAM PHONE, THE MOBILE CHECK-IN PROGRAM, OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIBRE AND YOU.

 

THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF USE DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LIBRE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

Personal Mobile Devices

 

If you download and/or use the App on a computer or mobile device not provided by Libre (i.e., other than a Program Phone), you are responsible for obtaining the data network access necessary to use the App and for acquiring and updating compatible hardware or devices necessary to access and use the App and any updates thereto. Libre does not warrant or guarantee that the App, or any portion thereof, will function on any particular hardware, software, or device. By downloading the App on your device, or by creating an Account, you acknowledge and agree that we may contact you by text message, email, or otherwise through your device. Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply when you receive such communications from us, and when you otherwise access or use the App from your device. You should not download or use the App on your device if you do not want to be responsible for such fees.

 

You acknowledge and consent to the App gaining access to certain areas of your device’s system and/or altering certain portions of the software as reasonably necessary to facilitate the features and operations of the App. By downloading and/or using the App on your mobile device, you assume the risk that your device’s operating system or other software may be adversely affected by bugs, incompatibility issues, or otherwise impair the functioning of your device and the software loaded thereon.

 

Program Phones

 

Program Phones are and will remain the sole property of Libre. By participating in the Mobile Check-In Program, Libre only grants you the limited right to possess and use a Program Phone solely to facilitate your participation in Libre’s monitoring program and subject to these Terms of Use (your “Program Phone License”). Any payments that you make (or are obligated to make) to Libre in connection to the Mobile Check-In Program or in connection with any other Libre contract are not lease payments or purchase payments for a Program Phone. The Mobile Check-In Program is neither a leasing program nor any other type of financing product or service affecting the ownership of a Program Phone, which ownership shall remain solely with Libre.

 

Libre reserves the right to terminate your Program Phone License at any time, for any reason or for no reason at all, in its sole discretion. If Libre revokes or otherwise terminates your Program Phone License, it will do so writing (e.g. by text, email, or letter) and will provide you with a postage-paid envelope to facilitate the device’s return to Libre (unless Libre elects to send a representative to retrieve your Program Phone in person). You agree to return any Program Phone assigned to you within 24 hours of the termination or expiration of your Program Phone License and otherwise cooperate with Libre staff to facilitate the timely return of the device. Failure to timely return a Program Phone after expiration or termination of your Program Phone License may result in civil and/or criminal charges being filed against you, as permitted by the laws of your jurisdiction.

 

Upon taking possession of a Program Phone, you agree to examine the device for any visible physical defects and report any such defects to Libre in writing within 24 hours of receipt. By accepting possession of a Program Phone, you acknowledge and agree that the device’s physical condition is” new” or “like new” except for any defects you reported to Libre in writing within 24 hours of receipt. If your Program Phone’s software or operating functionality is defective in whole or in part, you agree to contact Libre within 24 hours of your discovery of such defect. You agree to cooperate with any requests by Libre to swap your Program Phone for another Program Phone based on Libre’s awareness of a defect or for any other reason. You shall not be permitted to perform repairs on a Program Phone yourself unless specifically instructed to do so by an authorized Libre representative. You agree to not alter or remove any inventory tag or label that Libre affixed to your Program Phone.

 

Libre has entered into an agreement with a wireless voice and data carrier to facilitate communication services on your Program Phone (Libre’s “Wireless Plan”). The Wireless Plan includes unlimited talk and text throughout the continental United States and unlimited data usage. You agree not to use any voice or data services on your Program Phone beyond the monthly allowances and limitations on Libre’s Wireless Plan, and you agree that you shall be solely and personally responsible for any expenses, fees, charges, or other costs you incur through your use of a Program Phone beyond the base fees of Libre’s Wireless Plan. In such instances you shall immediately reimburse Libre upon demand for any additional fees or expenses it incurs on its Wireless Plan as a result of your use of a Program Phone. By way of example, the fees to which you are solely responsible include, but are not limited to, app downloads, app usage, long-distance voice or excessive data usage fees (beyond the base fees included in the Wireless Plan), streaming data services, e-commerce purchases made on or through a Program Phone, etc.

 

You agree that these Terms of Use are between you and Libre only, and not with any Wireless Plan provider or to any third party who may sell or lease Program Phones to Libre. You acknowledge that the Wireless Plan provider is not responsible for the creation, operation, or maintenance of the Mobile Check-In Program and you expressly waive any claims related to the Mobile Check-In Program against any Wireless Plan provider. You agree that you are not a third-party beneficiary to Libre’s Wireless Plan, and you expressly waive any rights or claims you might have or bring based on that agreement in connection with a Program Phone. You agree to only contact Libre (and not the wireless carrier) in relation to any wireless service issues you experience on a Program Phone. Libre disclaims any duty to correct any service defects or functionality issues with your Program Phone within any period of time, or at all, and your only remedy for such defects is your voluntary withdrawal from the Mobile Check-In Program as further described in the final paragraph of this Section.

 

You are responsible for the security and condition of any Program Phone that is in your possession. You agree to use reasonable care to protect any Program Phone assigned to you. You agree that you are financially responsible for all costs and expenses to Libre for a Program Phone’s loss or damage beyond reasonable wear and tear as determined by Libre in its reasonable discretion. You agree to cooperate with any reasonable requests made by Libre to submit and enforce any insurance claims based on the loss or damage of your Program Phone.

 

You acknowledge that Libre’s remote management software will enable Libre and/or Libre’s licensors and third-party service providers to detect and monitor all of your use, activity, and geolocation on a Program Phone, even personal activities unrelated to the Mobile Check-In Program. Although Libre has this remote monitoring and geolocation ability, it has no obligation to monitor your use of a Program Phone and Libre expressly disclaims any responsibility for the content or activities you perform thereon. Libre is not responsible for the content of any conversation, information, communication, data, or transaction that you send, receive, view, broadcast, or perform on a Program Phone with any third party.

 

If you are participating in the Mobile Check-In Program, we may require you to agree to certain rules and regulations for that program. Such rules shall be cumulative in addition to these Terms of Use, unless any term therein is in direct conflict with these Terms Of Use, in which case the rules and regulations of the Mobile Check-In Program shall prevail.

 

You must keep your Program Phone in your possession at all times. You are not authorized to allow any other third-party to use you Program Phone for any purpose outside the Mobile Check-In Program. You may not take any efforts to modify the physical device, or add, change, circumvent, or delete any software on the Program Phone for the purpose of attempting to defeat or corrupt its geolocation monitoring features.

 

Any data you store on a Program Phone may be lost or deleted without prior notice to you. You agree not to store any data you wish to retain that has not been backed-up (duplicated) by you on other devices or in other storage networks or media outside your Program Phone, and you disclaim any duties or obligations on Libre to store or maintain any of your personal data. You agree to obey all criminal and civil laws, rules, regulations, and your Program Phone’s mobile service provider’s terms and conditions of use. You agree to use reasonable care while using a Program Phone, including not operating a motor vehicle while using any feature of a Program Phone, and you assume the risk of any use of your Program Phone.

 

In the event of your dissatisfaction with a Program Phone, the features or services thereon, or these Terms of Use, your only remedy is to terminate your participation in the Mobile Check-In Program through written notice to Libre, which you can do at any time, subject to your obligations set forth in these Terms of Use and any other contract(s) you may have entered into with Libre. Your decision to opt out of the Mobile Check-In Program will not cause a breach of your Bond Securitization Contract provided that you reasonably communicate and cooperate with Libre’s efforts to transition your monitoring to an alternative GPS program, as and if required by your Bond Securitization Contract.

 

Controlling Law and Jurisdiction

 

These Terms of Use and any action related thereto will be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action related to these Terms of Use will be the state and federal courts located in the Western District of Virginia, and their corresponding courts of appellate jurisdiction, and each of the parties hereto waives any objection to exclusive jurisdiction and venue in such courts.

 

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Entire Agreement

 

Unless otherwise stated herein, these Terms of Use constitute the entire and exclusive understanding and agreement between Libre and you regarding the App, the Program Phones, the Mobile Check-In Program, and Content, and, unless otherwise stated herein, these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Libre and you regarding the App, the Program Phones, the Mobile Check-In Program, and Content.

 

Assignment

 

Except as otherwise stated herein, you may not assign or transfer these Terms of Use, by operation of law or otherwise, without Libre’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Libre may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

 

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by Libre (i) via email (in each case to the address that you provide) or (ii) by posting to the App or the Mobile Check-In Program. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Force Majeure

 

Neither Libre nor any of its licensors shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, general Internet, satellite, GPS, or other network outages or delays, governmental order or regulation, trade dispute, or any other cause beyond our respective control.

 

Dispute Resolution

 

Last Updated Date to this Dispute Resolution Section: 4/1/2020

 

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

Libre and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

 

In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the App, the Program Phones, or the Mobile Check-In Program, and/or the provision of content, services, and/or technology on or through the App, any Program Phone, or the Mobile Check-In Program, Libre or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Libre through Libre App Administrator, 113 Mill Place Parkway, Suite 103, Verona, Virginia 24482. You and Libre agree that any notice must be given within six (6) months of the time the incident or event or complaint first occurred, and thereafter all claims relating to such matter will be forever barred. To the extent that Libre has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. Libre and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Libre and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Libre or you may resort to the other alternatives described in this section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the App, any Program Phone, or the Mobile Check-In Program.

 

Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Libre and you arising under these Terms of Use or in connection with your access to, and/or use of the App, any Program Phone, or the Mobile Check-In Program, and/or the provision of content, services, and/or technology on or through same, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the App, any Program Phone, or the Mobile Check-In Program shall not be subject to arbitration.

 

For residents outside the United States, arbitration shall be initiated in the courts of the Western District of Virginia, and Libre and you agree to submit to the personal jurisdiction of the courts of the Western District of Virginia to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at www.jamsadr.com or by calling JAMS at 1-800-352-5267 (referred to as the “JAMS Rules”) and under the rules set forth in these Terms of Use.

 

Libre shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous, in which case you will be liable for such costs. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorney's fees and expert witness costs unless Libre is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Libre and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Libre and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, Libre and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Libre and you understand that, absent this mandatory arbitration provision, Libre and you would have the right to sue in court and have a jury trial. Libre and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

 

If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the JAMS Rules.

 

You may choose to pursue your claim in small claims court where jurisdiction and venue over Libre and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.

 

You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to Libre through Libre App Administrator, 113 Mill Place Parkway, Suite 103, Verona, Virginia 24482. The notice must be sent within the later of 30 days of your first use of the Mobile Check-In Program, you acceptance or use of a Program Phone, or within 30 days of the date any changes to these arbitration provisions became effective, as indicated in the “Last Updated Date to this Dispute Resolution Section” above or in the date of Libre’s email to you notifying you of such change. Otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of these arbitration provisions, Libre also will not be bound by them. If you do not affirmatively elect to opt out as described above, your access or use of the App, a Program Phone, or the Mobile Check-In Program will be deemed to be your irrevocable acceptance of these Terms of Use and any changes/updates to this section

 

If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Libre and you agree to waive, to the fullest extent allowed by law, any trial by jury.

 

The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Libre to the extent that any such claims arise out of your access to, and/or use of the App, any Program Phone, or the Mobile Check-In Program, and/or the provision of content, services, and/or technology on or through the App, a Program Phone, or the Mobile Check-In Program and will be binding on you, your heirs, successors, and assigns.

 

Class Action Waiver.

 

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

 

Libre and you agree that Libre and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the App, Program Phones, or the Mobile Check-In Program will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Libre and you further agree that Libre and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the App, any Program Phone, or the Mobile Check-In Program. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in the Western District of Virginia.

 

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of Libre to the extent that any such claims arise out of your access to, and/or use of the App, Program Phones, or the Mobile Check-In Program, and/or the provision of content, services, and/or technology on or through the App, Program Phones, or the Mobile Check-In Program and will be binding on you, your heirs, successors, and assigns.

 

General

The failure of Libre to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Libre. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

 

Contacting Libre

Please contact Libre through Libre App Administrator, 113 Mill Place Parkway, Suite 103, Verona, Virginia 24482.