Terms & Conditions
Welcome to B.E.A.R. (Bystanders Exercising American Rights) Witness App. This App is designed to allow individuals to alert people in their area when they are feeling unsafe during law enforcement interactions. By using BEAR Witness App, you are agreeing to abide by the following terms and conditions. We ask that you review them carefully. If you do not agree with the terms, you should not use this App. The term “BW” or “us” or “we” or “our” refers to BEAR Witness, the owner of the App. The term “you” refers to the User or Viewer of the App.
Description and Scope of Agreement
Under the terms and conditions of this Agreement, BW agrees to provide: (a) immediate real-time witness request alerts to fellow BEARs nearby no matter where the User is located; (b) instantly record videos of an incident; (c) upload and store videos of incidents to secure cloud in the App; (d) receive real-time witness alert notifications from fellow BEARs nearby no matter where they are located; (e) provide location based notifications to help the User locate and navigate to the scenes where alerts were sent from; (f) check-in at incident location and see how many other fellow BEARs are checked-in at the scene; (g) view description notes of incident to gather detailed information about the situation in progress from other BEARs checked-in at the scene; (h) review BEAR Tips for suggestive mental exercises that can be used to keep calm during a tense interaction with law enforcement; and (i) offer merchandise purchasing ability to identify the User as a BEAR.
The BW Site has sponsors who place advertisements on the App. Our Advertisers are responsible for ensuring their submitted material for the App is in compliance with all applicable laws.
Our App requires that you register for BW’s services. By registering, you agree to provide us with complete and accurate information. Your registration is for your use only and not on behalf of any other person or entity. BEAR Witness does not permit its’ Users to make their registration available to multiple users on any network. As a User of the App, you are responsible for preventing such unauthorized use.
Bear Witness App is not intended to nor does it establish any type of legal relationship. It is not intended to offer any legal advice, counseling, recommendation, or mediation of any kind. We do not guarantee the completeness or accuracy of any information made available through the App or linked to the App. Your use of the information on the App and any links to the App is solely at your own risk. BW is not a law firm or governmental entity.
Limited Permitted Uses
In accordance with this Agreement, as a User, you are granted a non-exclusive, non-transferable, revocable license to access and use the App. It can only be used for personal, non-commercial purposes.
Use of Information
Links to other Apps/Websites
The App may contain links to other Apps and Websites. BW is not responsible for the content, accuracy or opinions expressed in such App or Website, and such App or Website are not investigated, checked or monitored for accuracy or completeness by BW. Inclusion of any linked App or Website on our App does not imply approval or endorsement of the linked App or Website by BW. If you decide to leave our App and access these third-party sites, you do so at your own risk.
Changes and Modifications to the Terms and Conditions of the Agreement
Third Party Content
When you access BW App, third-party content may appear or may be accessible via a link from the App. BW is not responsible for or assumes any liability for omissions, mistakes, defamation, falsehood, profanity, representations, opinions, or any other form of content on that Site. Under the terms and conditions of this Agreement, you recognize that the information in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our beliefs.
BW reserves the right to report or investigate any complaints for violations of this Agreement and to take any action deemed appropriate, including but not limited to reporting any unlawful activity to law enforcement or other third parties. This includes disclosing any information necessary to such entities as it relates to your name, address, IP address, usage history, posted materials and traffic information.
As the User, you consent to receive communications from BW electronically. You agree that all agreements, notices, disclosures, updates and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You shall provide truthful, accurate and complete account information, and you must keep your contact information up to date.
Restrictions on Use of App
Your access and use of the App and any information therein is subject to the following restrictions: You may not (a) republish, display, transmit, sell or otherwise make available in any form or by any means all or any portion of the App or any content retrieved; (b) use the App or any content to develop any information, storage, database, or similar resource that is offered for commercial distribution of any kind, including through sale, lease, subscription, or any other commercial distribution mechanism; (c) create derivative works of any content or materials from the App; (d) use any content from the App in any manner that may infringe any copyright, intellectual property rights, or proprietary right of BW or any third party; (e) change, remove or obscure any copyright notice or other proprietary notice in the App; (f) use the App for the purpose of gathering information for or transmitting unsolicited commercial email or other means of deceptive addressing; or (g) use the App in a manner that violates any state or federal law regulating email.
The graphics, design, organization, content, compilation, digital conversion and other matters related to the App are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. BW strictly prohibits the redistribution, copying use or publication by the User of any such matters on the App. As a User, you do not acquire ownership rights to any content or other materials viewed through the App. The posting of information or content on the App does not constitute a waiver of any right in such information and content. Please note that some of the content on the App is the copyright work of third parties.
As a User of the App, you agree to indemnify, defend and hold harmless BW, its agents, directors, partners, assigns, subcontractors, employees, advertisers, service providers, attorneys, third-party suppliers, and affiliates from any liability, claim, loss, expense, including reasonable attorney’s fees, as it relates to any violation of this Agreement or use of the App.
Limitation of Liability
Except as expressly provided in this Agreement, BW, its agents, directors, partners, assigns, subcontractors, employees, advertisers, service providers, attorneys, third-party suppliers, and affiliates shall not be liable for any claim, liability, injury, loss, or damage of any kind arising from this Agreement including but not limited to: any delay or failure in performance of the App beyond the control of a covered party; your use of the App; the content information on the App; the unavailability or interruption of the App or any features thereof; or any omissions or errors in the products or services from the App.
Warranties, Express or Implied, Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BW DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OTHER THAN THOSE IDENTIFIED EXPRESSLY SET FORTH IN THIS SECTION, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTIABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE DELIVERABLES, PRODUCTS, RELATED MATERIALS AND SERVICES. BW WILL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO THE USER BY BW OR ITS EMPLOYEES, AGENTS, OR AFFILIATES UNLESS SUCH THIRD PARTY PRODUCTS OR SERVICES ARE PROVIDED UNDER WRITTEN AGREEMENT BETWEEN BW AND THE USER, AND THEN ONLY TO THE EXTENT EXPRESSLY PROVIDED IN SUCH AGREEMENT. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN BW AND THE USER. THIS APP AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM BW THROUGH THE APP OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Alternative Dispute Resolution & Applicable Law; Entire Agreement
BW AND THE USER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.
Any dispute that may arise between the parties relating to this Agreement shall be referred to and settled by binding Arbitration in accordance with the rules of the American Arbitration Association as the exclusive method of dispute resolution. The exclusive jurisdiction and venue for all legal actions arising out of or related to this Agreement shall be in courts of competent subject matter jurisdiction located in the state of New Jersey, and the parties hereby consent to the jurisdiction of such courts.
This Agreement constitutes the entire agreement between BW and the User with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, understandings and representations, written or oral, with respect to the subject matter hereof.