Terms of Use

1. Purpose of agreement

The Bintel online services (the “Services”), including but not limited to https://cwpp.us, are made available to you by Bintel Inc. (“Bintel”) and are subject to these Terms of Use (the “Terms”). Bintel may offer other services under different terms.

If you, or the organization you use the Services for, have signed a separate written agreement with Bintel covering the Services — such as a master services agreement, order form, or government contract — that agreement governs wherever it conflicts with these Terms. Where you use the Services on behalf of a public agency, any provision of these Terms that the agency is prohibited by law from accepting (for example, binding arbitration, indemnification, or a choice of governing law) does not apply to the agency to the extent of that prohibition.

2. Description of service

Bintel provides users with access to data and GIS services. You may connect to the Services using any Internet browser. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

3. Eligibility and age

You must be at least 18 years old, and able to form a binding contract, to create or use a Bintel Account. If you use the Services on behalf of an organization, you represent that you are authorized to accept these Terms for it.

The Services are not directed to children under 13, and children under 13 may not use them, including by submitting a form, subscribing to email, or joining a room. See the Privacy Policy for what Bintel does if it learns it has collected a child’s information.

4. Modification of these Terms

Bintel may modify the Terms upon 90 days’ prior notice to you. Notice will be given by email to the address associated with your Bintel Account and by posting the modified Terms, with a new effective date, at https://cwpp.us/terms. You will be given the option to end your use of the Services if Bintel modifies the Terms. Your continued use of the Services after the notice period ends is your agreement to the amended Terms; Bintel may also ask you to accept the amended Terms when you next sign in, and your acceptance then makes them effective for you from that moment.

Changes that are required by law, or that address security or abuse, may take effect sooner where 90 days’ notice is not practicable; Bintel will give as much notice as it reasonably can.

5. Subscriber registration obligations

In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted when you sign up for a user account (your “Bintel Account”), and (b) keep that information true, accurate, current and complete. If you provide information that is untrue, inaccurate, outdated or incomplete, or Bintel has reasonable grounds to suspect so, Bintel may suspend or terminate your Bintel Account and refuse current or future use of any or all of the Services.

You may not register for or access the Services if you are a competitor of Bintel, except with Bintel’s express prior written consent. You may not use another person’s, entity’s, customer’s, subscriber’s, company’s or organization’s account without that party’s express prior written permission. You may not access the Services to monitor their performance or functionality, or for any other competitive purpose, except as set out in these Terms.

You are solely responsible for keeping your Bintel Account and password confidential and for reasonably restricting access to your computer, and you accept responsibility for activities under your Bintel Account or password that would not have occurred but for an authorized user’s gross negligence. If you have reason to believe your Bintel Account is no longer secure, notify Bintel immediately. You may be liable for losses incurred by Bintel or others due to unauthorized use of your Bintel Account.

6. Subscriber responsibilities

You are responsible for all activity under your Bintel Account and will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data.

You are solely responsible for your interactions with other subscribers to the Services (“Subscribers”). Bintel reserves the right, but has no obligation, to monitor disputes between you and other Subscribers, and has no liability for your interactions with other Subscribers or for any other Subscriber’s action or inaction.

7. Personal information and privacy

Personal information you provide to Bintel through the Services is handled as described in the Bintel Privacy Policy and applicable law. Please read it: it explains what Bintel collects — including recordings of how pages are used, and the location information in photographs and tracks — why, how long it is kept, and the choices you have.

If your organization uses the Services to collect information from its members or from the public — through forms, email lists, advisories or rooms — your organization decides what is collected and is responsible for having the right to collect it and for telling those people how it will be used. Bintel processes that information on your organization’s behalf.

You are responsible for keeping your username, password and other sensitive, confidential or proprietary information relating to your Bintel Account confidential, and for all activity that occurs in your Bintel Account; you agree to notify Bintel immediately of any unauthorized use. Bintel is not responsible for loss or damage to you or any third party from unauthorized access to or use of your Bintel Account unless due solely to the negligence of Bintel or its employees, directors, officers or representatives.

You represent and warrant to Bintel that you own, or hold all necessary rights in, all information you provide in connection with your Bintel Account.

8. Communications from Bintel

The Services include communications from Bintel such as service announcements, administrative messages and newsletters. These communications, sent to you and to colleagues registered with Bintel by you or someone in your organization, are part of using the Services. You may opt out of newsletters; doing so may limit Bintel’s ability to provide the Services effectively. Service and administrative messages, including notice of changes to these Terms, are sent to the email address on your Bintel Account, and you are responsible for keeping that address current.

9. Fees, payments and taxes

Bintel reserves the right at any time to modify fees for access to any or all of the Services. Modified fees will not be charged unless you agree to them: if Bintel requires a different fee for any of the Services, you will be given reasonable advance notice and the opportunity to cancel before the new charges are due. If you elect not to pay modified fees, Bintel may cease providing some or all of the affected Services to you.

10. Canceling and terminating the Bintel Services

You are responsible for canceling your Bintel Account. You can cancel by emailing Bintel at thomas.marsh@bintel.io; a cancellation takes effect when Bintel confirms it. What happens to your data afterwards is described under “Termination” below.

11. Restrictions on use

In addition to every other term of these Terms, you shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Services or make them available to any third party; (b) copy, distribute or disclose any part of the Services in any medium; (c) alter or modify the Services without Bintel’s prior written consent; (d) reverse engineer, reverse assemble, reverse compile or otherwise attempt to derive the source code of the Services, or interfere with or compromise the integrity or security of, or decipher any transmission to or from, the servers running the Services; (e) take any action that imposes, or may in Bintel’s sole discretion impose, an unreasonable or disproportionately large load on Bintel’s infrastructure; (f) upload invalid data, viruses, worms, Trojan horses or other harmful or disruptive code, components, devices or software agents; (g) impersonate another person, misrepresent your affiliation with a person or entity, commit fraud, hide or attempt to hide your identity, or misrepresent the source or content of information transmitted through the Services; (h) use the Services in any unlawful manner or in any manner that could damage, disable, overburden or impair the Bintel website or any portion of the Services; (i) bypass measures Bintel uses to prevent or restrict access to the Services; (j) use any robot, spider, scraper, script or comparable automated technology to access the Services for any purpose without Bintel’s express written permission; (k) gain unauthorized access to the Services, their user accounts, computer systems or networks by hacking, password mining or other unauthorized means; (l) collect or harvest personally identifiable information, including account names, from the Services without the express prior written permission of the person concerned; (m) use third-party links to sites without agreeing to those sites’ terms; or (n) post links to third-party sites or use their logos, company names or similar in connection with the Services without their express prior written permission.

You shall (A) notify Bintel immediately of any unauthorized use of any password or Bintel Account, or any other known or suspected breach of security; (B) report to Bintel immediately, and use reasonable efforts to stop, any copying or distribution of content that you or other Subscribers know or suspect violates these Terms or the intellectual property rights of third parties; and (C) not impersonate another Subscriber or provide false identity information to gain access to or use the Services.

12. Spamming and illegal activities

You are solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or to transmit material that is unlawful, harassing, libelous, invasive of another person’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable, that contains viruses, or that infringes or may infringe the intellectual property or other proprietary rights of another person. You agree not to use the Services to transmit “junk mail”, “spam”, “chain letters” or other unsolicited mass email, or for any other unauthorized or unsolicited activity. Bintel may terminate your access to the Services if it believes you have used them for any illegal or unauthorized activity.

13. Data ownership

Bintel respects your exclusive ownership of the content you publish and store in the Services — including maps, GIS files, contact names, tasks, events and messages, related content you create or store, and any data that identifies you or a specific customer or program, including usage, account and team information (your “Confidential Information”). Unless you specifically permit it, your use of the Services does not grant Bintel a license to use, reproduce, adapt, modify, publish or distribute your Confidential Information for Bintel’s commercial, marketing or similar purposes. You grant Bintel only the permissions needed to host, store, process, display and transmit your content in order to provide the Services to you and to the people you choose to share it with.

You expressly grant Bintel the right to use and analyze aggregate system activity data arising from your and other Subscribers’ use of the Services in order to optimize, improve and enhance the way the Services operate and to create new features and functionality, in Bintel’s sole discretion.

14. User-generated content

You may transmit or publish content you create using the Services. You are solely responsible for that content and the consequences of its transmission or publication. Content you receive from other users of the Services is provided to you as-is for your information and personal use only, and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit it for any purpose without the express written consent of the person who owns the rights to it. If you come across content bearing a copyright notice or copy-protection feature, you agree not to remove the notice or disable the feature.

By making copyrighted or copyrightable content available on the Services you affirm that you have the consent, authorization or permission of every person who may claim rights in it. You agree that Bintel may immediately block access to or remove content you made available if Bintel receives a complaint of illegality or infringement of third-party rights in it. Copyright complaints are handled under the procedure in “Copyright complaints” below.

Photographs can carry hidden information, including the place and time they were taken. When you upload a photograph, that information is kept with it and may be used to place the photograph on a map; see the Privacy Policy. Do not upload photographs of people, or of private property, that you do not have the right to share.

15. Copyright complaints

Bintel respects the intellectual property rights of others and responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). Bintel’s designated agent for such notices is: Thomas Marsh, Bintel Inc., 331 S 104th St, Suite 215, Louisville, Colorado 80027, thomas.marsh@bintel.io, (720) 595-5001. The agent is registered with the U.S. Copyright Office: DMCA-1080436.

A notice must include:

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material claimed to be infringing, with enough information for Bintel to locate it (for example, its web address);
• your name, address, telephone number and email address;
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
• a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

If material you posted was removed and you believe it was removed by mistake or misidentification, you may send the designated agent a counter-notice containing the information required by 17 U.S.C. § 512(g)(3). Bintel may restore the material 10 to 14 business days after receiving a valid counter-notice unless the complaining party informs Bintel that it has filed a court action.

Bintel will, in appropriate circumstances, terminate the Bintel Accounts of users who are repeat infringers. Knowingly misrepresenting that material is, or is not, infringing may make you liable for damages under 17 U.S.C. § 512(f).

16. Intellectual property rights

Bintel, as a word and a mark, and the Bintel logos are trademarks of Bintel. You agree not to display or use them in any manner without Bintel’s express prior written consent. Bintel is and remains the exclusive owner of all right, title and interest in and to the Services, including all patent, copyright, trade secret, trademark and other intellectual property rights in them and in any optimization, enhancement, modification or additional feature Bintel adds from time to time, whether in connection with your use or feedback or otherwise. Except for the right to use the Services strictly in accordance with these Terms, no license or conveyance of any such rights to you is granted or implied.

17. Third-party interactions

While using the Services you may correspond with, buy goods or services from, or take part in promotions of third parties who display their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with it, is solely between you and the third party. Bintel and its licensors have no liability, obligation or responsibility for any such correspondence, purchase or promotion, for interruptions in service or performance from third parties, or for interruptions in the Services caused by third-party services. Bintel does not endorse sites linked through the Services and is not responsible for their content, products or materials. Certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different terms before you use them.

18. Subscriber access

By agreeing to these Terms you are given access to the Services on the terms set out here from time to time. Bintel may deny access to the Services from time to time to perform routine or emergency maintenance, bug fixes or upgrades; Bintel will give reasonable notice of anticipated material disruptions where practicable and will make commercially reasonable efforts to schedule them outside peak hours. Emergency maintenance may happen without notice. Bintel may, in its sole discretion, reassign or rename your domain or profile URL. Bintel is not responsible for outages or degradations to which systems, programs, data or processes controlled, supplied or operated by you contribute. Because the Services are Internet-based, Bintel cannot control the flow of data between its servers, the rest of the Internet and your connections and computers; actions or inactions of third parties can impair your connection, and although Bintel will use commercially reasonable efforts to remedy and avoid such events, it cannot guarantee they will not occur.

19. Public agencies, official notices and public records

Organizations, including fire districts, counties and other public agencies, use the Services to publish advisories, maps, forms and documents. The organization that publishes content is its publisher and is responsible for its accuracy, its timeliness, and any legal requirements that apply to it as an official notice, including accessibility requirements. Bintel provides the platform and does not review, approve or verify that content.

The Services are not an emergency alerting system and must not be relied on as the only way to receive or send warnings. Email and page updates can be delayed, filtered or fail to arrive, and the Services may be unavailable. In an emergency, follow the instructions of local officials and call 911.

Information submitted to a public agency through the Services — including form responses, photographs, comments and room chat — may be a public record that the agency must disclose under open-records laws such as the Colorado Open Records Act or the federal Freedom of Information Act. Requests for an agency’s records should be made to the agency. Bintel will refer any request it receives for an organization’s content to that organization unless the law requires otherwise.

Bintel’s accessibility goals, known limitations, and how to ask for information in another format are described in the Accessibility statement.

20. Disclaimer of warranties

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. BINTEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BINTEL MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR VIRUS-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS. NO ADVICE OR INFORMATION, WRITTEN OR ORAL, OBTAINED BY YOU FROM BINTEL, ITS EMPLOYEES OR REPRESENTATIVES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

21. Limitation of liability

NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY’S LIABILITY TO THE OTHER, DIRECT OR INDIRECT, EXCEED THE FEES ACTUALLY PAID BY YOU TO BINTEL FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. YOU AGREE THAT THIS IS AN AGREED ALLOCATION OF RISK REFLECTING THE RIGHTS AND OBLIGATIONS AGREED BETWEEN YOU AND BINTEL IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

22. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Bintel and its officers, directors, employees, suppliers and affiliates from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claim that you used the Services in violation of a third party’s U.S. federally registered patent or trademark rights, or any other claim related to your use of the Services in violation of these Terms.

23. Arbitration

Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, on an individual basis and not consolidated with any claim of any other party. The arbitrator’s decision is final and may not be appealed. The arbitration shall be conducted in Denver, Colorado, and judgment on the award may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may at any time seek an injunction or other equitable relief from any court of competent jurisdiction. The arbitrator has no power to add to or detract from the parties’ agreement, may grant temporary, preliminary or permanent injunctive or other equitable relief substantially as a court would, and has no authority to award punitive or consequential damages. Each party will pay its own attorneys’ fees and the expenses of its witnesses.

24. Termination

Bintel may terminate your Bintel Account and your access to the Services for reasons including breach of these Terms or the Bintel Privacy Policy, your request to terminate, discontinuance or material modification of the Services, unexpected technical issues or problems, extended periods of inactivity, and requests by law enforcement or other government agencies. Termination of your Bintel Account includes removal of access to the Services, deletion of your account information such as your email address, ID and password, and deletion of the data in your Bintel Account as permitted or required by law.

Your data when your account ends. Content you created inside an organization — maps, files, form responses, documents, room chat — belongs to that organization’s workspace and stays with it when your own account ends; ask the organization if you want it removed. Your personal account information and your personal content (such as your profile, settings and your own recorded tracks) will be deleted within 90 days of the account ending, except as described in the next paragraph.

An organization’s data when its subscription ends. Before an organization’s use of the Services ends, its administrators can download its data using the Services’ download and export features, or ask Bintel for help at thomas.marsh@bintel.io. Bintel will keep the organization’s content for at least 30 days after the end date so that it can still be exported on request, and will then delete it within a further 90 days.

Bintel may keep information after these periods where the law requires it, to resolve disputes, to enforce these Terms, for security and audit records, and in backups until they are overwritten in the normal course. Records a public agency must keep under its own retention schedule are the agency’s to export and keep.

25. Governing law and general terms

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules, and by applicable federal law. Subject to the Arbitration section, the state and federal courts located in Denver, Colorado have exclusive jurisdiction over any action to enforce an arbitration award or for injunctive or other equitable relief, and you and Bintel consent to their jurisdiction.

If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Bintel’s failure to enforce any provision is not a waiver of its right to do so later. You may not assign these Terms without Bintel’s prior written consent; Bintel may assign them in connection with a merger, acquisition or sale of its assets. These Terms, the Privacy Policy, and any signed agreement described in “Purpose of agreement” are the entire agreement between you and Bintel about the Services.