Terms of Service/User Agreement revised 1.6.2017
“””COVERAGE FOR ARRESTS IS NOW AVAILABLE IN ALL ZIP CODES IN THE USA.”””
Welcome to the ARREST SOS community. This Terms of Service/User Agreement (“Agreement”) is a legal agreement between you (“you”; “your”) and ARREST SOS, LLC (“ARREST SOS”, “we”, “our”, and “us”).
ARREST SOS (“Service”) was designed and developed to assist in the timely and efficient release from jail if an arrest event occurs. This application cannot work in violation of any local, State or United States Federal laws or regulations and intends only to work within the scope of those laws and regulations to provide the most expeditious practical release from jail.
By installing this application to your smart phone and accurately completing the personal profile information required to assist in a timely release from jail, and keeping the profile current, you agree to all of the terms and conditions contained in this Agreement and any modifications that may be made from time to time and found on our website www.arrestsos.com.
By downloading this app and completing your account profile you become a potential User of the ARREST SOS service.
If you do not agree with these terms and do not want to be bound by this Agreement, you will not be granted any rights or services under this agreement and you may not download, use or access the Service.
Signing up for ARREST SOS means you accept these terms:
1. Your License. ARREST SOS grants you a personal, limited, non-exclusive, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to initiate the information flow required to affect your release from jail in the event you are arrested or think you are about to be arrested. This service includes our website, any software, programs, documentation, tools, internet based services, and any updates (including software maintenance, service information, help content or bug fixes) provided to you by ARREST SOS. You will be entitled to download updates to the Service, subject to any additional terms made known to you at that time, when ARREST SOS makes these updates available.
2. Ownership. The Service is licensed and not sold. ARREST SOS reserves all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trademark, trade secret and other Intellectual Property Laws. This Agreement does not grant you any rights to ARREST SOS trademarks or service marks. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, goodwill or trade secret rights as may now exist or may later come into existence, and all applications and registrations, renewals and extensions under the laws of any state, county, city or other jurisdiction. Any ideas solicited or provided to ARREST SOS to improve or enhance the Service will be considered gratuitous, unsolicited, and without restriction and will not place ARREST SOS under any restriction or fiduciary obligation. ARREST SOS is free to use submitted ideas without restriction or compensation.
3. Account Registration. You must accurately complete the User profile included in the ARREST SOS application prior to using the service. You assert that you are at least seventeen (17) years of age. You agree to provide true, accurate, current and complete information about yourself and to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is inaccurate, not current or incomplete, ARREST SOS may not be able to deliver service to our performance criteria on your behalf and reserves the right to terminate your access to the service and refuse any and all future use of the Service.
4. Use of the Service. We have the right and sole discretion to revise, update, and otherwise modify the Service and to establish or change limits regarding the use of the service. We will always attempt to notify you of any material changes in Service with reasonable notice to the email address on file for you. We reserve the rights to make any changes without notice that affect the security of user information or to comply with laws or regulations.
6. Security. We have implemented commercially reasonable technical, and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. No Warranty. ARREST SOS makes no warranty, express or implied, that User’s will be released from jail if they are arrested. ARREST SOS will use best efforts to affect a User’s release from jail.
8. Limits of Liability and Damages. ARREST SOS is not entering into nor assigning any lawyer / client relationship. ARREST SOS provides a qualified lawyer and/or bail bond agent with the ARREST SOS alert of an arrest in their assigned ZIP code. The lawyer and/or bail bond agent is then obligated by a terms of service agreement to affect the User’s release from jail as efficiently as possible.
9. Indemnity. User shall indemnify and hold harmless ARREST SOS, its Affiliates and Representatives from and against any and all claims or liabilities against Licensor arising out of, or resulting from, User’s operation of ARREST SOS.
10. Consent to Electronic Communications. User agrees that ARREST SOS may use their personal contact information for the following (or other) cases: to communicate service updates and changes, to contact User regarding their contact information, to communicate to User base on best operation practices of the ARREST SOS App, to provide reminder information about the installed application on the User’s smart phone, or any other relevant information that may be required to help ensure the ARREST SOS release process is as effective as possible.
11. Export Restrictions. COVERAGE FOR ARRESTS IS NOW AVAILABLE IN ALL ZIP CODES IN THE USA. By accepting this agreement, you confirm that you understand these requirements and have no expectation that services will be available to you in any location other than those supported and documented to be supported on our website.
12. Amendment. We have the right to change or add to the terms of this Agreement at any time and to change, delete, discontinue, or impose conditions on any feature or aspect of the service with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at www.arrestsos.com or any other website maintained or owned by us for the purposes to providing services in the terms of this agreement. Any use of the service after our publication of any such changes shall constitute your acceptance of this Agreement as modified.
13. Termination. ARREST SOS may permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Service without notice or liability for any reason, including if in ARREST SOS’s sole determination you violate any provision of this agreement, or for no reason. Upon termination of this agreement for any reason or no reason, you continue to be bound by this agreement. We reserve the right (but have no obligation) to delete all of your information and Account Data stored on our servers.
14. Assignment. This Agreement, and any rights and licenses granted here, may not be transferred or assigned by you, but may be assigned or transferred by ARREST SOS without restriction.
15. ARREST SOS Obligations. Once the ARREST SOS application has been activated, ARREST SOS agrees to use best efforts to provide qualified and available resources to assist in your release from jail. ARREST SOS cannot subvert the legal process. Substantial efforts will be made to ensure an efficient release from jail, but if there are outstanding circumstances, it may not be possible in to provide the desired efficiency.
a. When an ARREST SOS User activates the ARREST SOS application, ARREST SOS resources will assume that an arrest has/is about to occur and will take action based on that assumption. Resources will be assigned to effect a release from jail until the activation is either canceled or confirmed.
b. ARREST SOS maintains a network of licensee lawyers and/or bail bond agents required to provide services to a User who is arrested in a subscribed ZIP code.
c. ARREST SOS licensee lawyers and/or bail bond agents agree to maintain relationships or capability to post bond for ARREST SOS Users within the limits of this agreement. Bond money may be paid on behalf of an arrested User to ensure they appear for court.
d. Licensee lawyer and/or bail bond agent assignments are made based on ZIP code of arrest.
e. Though ARREST SOS will use a predefined process to attempt to release you quickly from jail, ARREST SOS makes no guarantee that you will be released. Some reasons why a User may not be readily released: User may have other outstanding legal issues, like warrants or holds from other jurisdictions, including ICE and other states. User may be arrested in an area with no assigned legal coverage. User may be arrested in a location where cell service is unavailable. User may be arrested during hours or days where a judge is not available.
f. ARREST SOS will maintain User privacy to the extent possible. ARREST SOS will not contact User’s emergency contacts unless the User has elected such notification, or when the release from jail cannot be effected for any reason, or once released from jail fails to contact the assigned lawyer and/or bail bond agent who provided release services within 24 hours of release. ARREST SOS may then contact the User’s emergency contacts to assist in locating user or providing financial remuneration on behalf of the User. ARREST SOS licensee lawyers and bail bond agents agree to use reasonable means to extract Users from jail, including posting bond and covering bond fees required for release.
g. ARREST SOS licensee lawyers and bail bond agents are required to register a legitimate and active bond source that may be made available to Users who have been arrested and have activated the ARREST SOS application.
h. Bond limit that will be posted without other credit arrangements is $5,000. ARREST SOS will require additional credit arrangements for bail that is set higher than $5,000. Personal contacts will be notified.
i. User agrees to be financially responsible for bond fees incurred in the course of securing release from jail. Fee will be reasonable and customary for the jurisdiction in which the arrest occurs. In case a user fails to appear in court after being released on bond the user’s cell phone geographic data and location may be used to locate user.
16. ARREST SOS User Obligations.
a. User agrees that they will not initiate an ARREST SOS activation unless they believe they are about to be arrested. User must use their own phone, have the location services enabled on their phone, and have a wireless signal sufficient to send and receive messages.
b. User agrees that a licensee lawyer and/or bail bond agent are assigned to their case in the event of an arrest.
c. If an arrest occurs, User agrees to pay ARREST SOS licensee lawyers or bail bond agents a reasonable fee associated with the provision of a bond to release User from jail based on the amount of the bond (usually a $500 fee for a $5,000 bond) and any other reasonable fees associated with the jurisdiction of the arrest.
d. Bond amounts are not set by ARREST SOS; they are set by a magistrate or judge in the arresting jurisdiction.
e. ARREST SOS licensee bail bond surety will post the bond on behalf of the User.
f. USER AGREES TO CONTACT THE ARREST SOS LICENSEE LAWYER OR BAIL BOND AGENT WHO ARRANGED THEIR RELEASE FROM JAIL IMMEDIATELY UPON RELEASE FROM JAIL. IF USER DOES NOT CONTACT THE ASSIGNED LICENSEE LAWYER OR BAIL BOND AGENT WITHIN 24 HOURS OF RELEASE FROM JAIL, THE ASSIGNED LICENSEE LAWYER OR BAIL BOND AGENT MAY CONTACT EMERGENCY CONTACTS AND USE OTHER INFORMATION TO LOCATE USER, OR HAVE THE USER RE-ARRESTED.
g. User agrees to pay the bail bond premium to the assigned licensee bail bond agent within one week of release from jail or the ARREST SOS licensee lawyer or bail bond agent has the right to contact emergency contacts or request User’s re-arrest until they can make remuneration.
h. User is not obligated to engage the licensee lawyer who arranged for their release from jail, however, bond fees originating for posting bond to release User from jail must be paid to the assigned licensee bail bond agent regardless of any future actions.
i. User agrees to consider retaining ARREST SOS licensee lawyers following release from jail as they are familiar with the case, the jurisdiction, and the local system. User is not obligated to continue the relationship. However, ARREST SOS requires lawyers to be qualified by an internal screening process and ongoing quality control mechanisms to ensure that they are capable of and continue to provide quality services for Users.
j. User agrees to receive certain communications from ARREST SOS and its partners after downloading the application and completing the personal profile information.
k. User agrees that Acts of God or actions of the Government shall not be charged against Arrest SOS, their licensee lawyers, or the bonding agent’s performance. User agrees that unresolved complaints against Arrest SOS, their licensee lawyers, or the bonding agents may be appealed by Arrest SOS, their licensee lawyers, or the bonding agents by submitting it to arbitration with the American Arbitration Association. Arrest SOS, their licensee lawyers, or the bonding agents shall appoint one person as an arbitrator. The User shall appoint one person. The two appointed arbitrators shall agree upon the third arbitrator within ten days after receiving notice of their appointment. If the two appointed arbitrators fail or refuse to timely agree upon a third arbitrator, the American Arbitration Association shall appoint the third arbitrator. A majority of the arbitrators shall determine the complaint. Their determination shall be final. The initial costs or fees of the American Arbitration Association shall be divided equally between the parties. The losing party to the final decision of the arbitrators shall pay all fees and costs of the American Arbitration Association of the arbitrators. No attorney fees may be awarded. Damages for non-performance may not exceed the twice the amount of money actually collected from User by Arrest SOS, their licensee lawyers, or their bonding agents or Five Hundred Dollars ($500.00) if no money was collected by Arrest SOS, their licensee lawyers, or their bonding agents. No punitive damages are allowed and may not be awarded. No Class Actions are allowed and are waived. All provisions of this agreement and the arbitration provisions and proceedings shall be under the laws of the State of Texas.