End User License Agreement (EULA)

I understand that:

Forrest Green Solutions Ltd. End User License Agreement (EULA)

FORREST GREEN SOLUTIONS SUBSCRIPTION MEMBERSHIP TERMS AND CONDITIONS

As of July 15^th, 2024 (v2.01)

This Subscriber Agreement applies to Forrest Green Solutions Ltd. and its websites, www.sncr.ca (collectively, 'Forrest Green'). Welcome! To ensure that you enjoy the highest standards of quality and service during your visits to the Forrest Green Web Portal, we encourage you to read through the following information before you register. These legal notices spell out the terms and conditions to which you are expected to adhere.

DEFINITIONS:

Web PORTAL - Web portals often function as a point of access to information on the World Wide Web. Portals present information from diverse sources in a unified way. Portals provide a way for enterprises to provide a consistent look and feel with access control and procedures for multiple applications, which otherwise would have been different entities altogether (Source: Wikipedia)

Solution Suite ('SUITE') - A solution suite is a collection of documents, manuals and videos, often sharing a common user interface.

TERMS OF SERVICE

1. GENERAL RULES AND DEFINITIONS
1. This 'EULA' constitutes your agreement with Forrest Green with respect to your use of the Forrest Green Web Portal. You must agree to abide by all of the terms and conditions contained in this Subscriber Agreement in order to become or remain an authorized subscriber of any of the Forrest Green Web Portal.
2. To indicate agreement with the terms and conditions of this EULA, you must click the 'EULA Consent' checkbox prior to clicking on the 'Register ...'. You will not be allowed to register before clicking that button. Each subscriber is responsible for reading the EULA to understand your rights and obligations. If you do not wish to agree to these terms and conditions, do not click the 'EULA Consent' and 'Register ...' button (you understand that you will not be subscribed to the applicable Forrest Green Web Portal and will have no right to access such Forrest Green Web Portal unless you agree with the terms of this EULA). Forrest Green reserves the right, at its discretion, to change, modify, add or remove portions of this EULA at any time. Occasionally Forrest Green may ask you to accept the terms of such changes to continue using the Forrest Green Web Portal to which you are subscribed.
3. If you have questions about this EULA, please contact Forrest Green Solutions Ltd. At Unit 35B, 10520 Yonge St, Richmond Hill, Ontario L4C 3C7
4. Forrest Green may change, suspend or discontinue any aspect of any portion of the Forrest Green Web Portal at any time, including the availability of any feature, training manual, training video, template or tool. Forrest Green may also impose limits on certain features and services or restrict your access to parts or all of any portion of the Forrest Green Web Portal without notice or liability.
5. The Subscriber agrees to return any content that has been downloaded or copied from the Forrest Green Web Portal at Forrest Green's sole discretion with ten (10) working days notice.

2. FORREST GREEN WEB PORTAL CONTENT AND SUBSCRIBER SUBMISSIONS
1. The contents of Forrest Green Web Portal are for use by registered subscribers only. All materials published on the Forrest Green Web Portal (including, but not limited to source code, design, workflow, news articles, photographs, images, illustrations, audio clips and video clips, also known as the 'Content') are protected by copyright and other intellectual property laws, and are owned, or controlled by, or licensed to Forrest Green or the party credited as the provider of the Content, software or other materials. You shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Forrest Green Web Portal.
2. The Forrest Green Web Portal is protected by copyright as a collective work and/or compilation, pursuant to Canadian and/or U.S. copyright laws, international conventions and other copyright laws. One may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as agreed to in writing by Forrest Green), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials of Forrest Green Web Portal in whole or in part.
3. Copying or storing of any Content for any purpose other than laid out in 2.1 is expressly prohibited without the prior written permission from Forrest Green, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
4. If you believe that any Content appearing on Forrest Green Web Portal has been used on such Forrest Green Web Portal in a manner that constitutes copyright infringement, please contact us at the following:
   
   By postal mail:
   Intellectual Property Counsel, Forrest Green Solutions Ltd.
   10520 Yonge Street, Unit 35B Suite 322
   Richmond Hill, Ontario L4C 3C7

3. CONTENT
1. Forrest Green is dependent upon the participation of the subscribers to maintain the accuracy, provide examples and best practice. If you find anything to be erroneous, we will endeavor to correct the error.
2. Forrest Green attempts to review all content. In the event that erroneous or inappropriate information is found, the Subscriber acknowledges that Forrest Green is not responsible for such errors and reserves the right to delete, move or edit the content. Forrest Green will make every commercially reasonable effort to ensure abusive, defamatory, obscene or otherwise unacceptable content is not present.

4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
1. The Forrest Green Web Portal may have links to other related World Wide Web Internet sites, resources and sponsors of Forrest Green (e.g. links to police service website, third-party solutions to upload video / images, etc.). Transactions that occur between you and any such third party are strictly between you and the third party and are not the responsibility of Forrest Green. Because Forrest Green is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its site administrator or webmaster.

5. REPRESENTATIONS AND WARRANTIES
1. The Subscriber will hereby indemnify, defend and hold Forrest Green, its parent company, affiliates and the officers, directors, owners, agents, employees, shareholders, information providers, licensors and licensees (collectively, the 'Indemnified Parties') harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any other user of your account (whether or not such user has your permission) of the EULA or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Forrest Green reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
2. Forrest Green neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through any Forrest Green Web Portal or information provider. THE FORREST GREEN WEB PORTAL AND CONTENT IS PROVIDED 'AS IS.' FORREST GREEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE FORREST GREEN WEB PORTAL. FORREST GREEN SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE FORREST GREEN WEB PORTAL CONTENT, OR THIRD PARTIES THROUGH THE FORREST GREEN WEB PORTAL, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF ANY THIRD PARTY SOFTWARE (E.G. GOOGLE CHROME, ADOBE ACROBAT, ETC.), REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF FORREST GREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
3. You hereby acknowledge that your use of the Forrest Green Web Portal is at your sole risk.
4. NEITHER FORREST GREEN'S NOR THE POLICE ORGANIZATION'S TOTAL AGGREGATE LIABILITY TO THE CONSUMER ARISING UNDER THIS AGREEMENT AND/OR IN RESPECT OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID TO FORREST GREEN BY AN INDIVIDUAL FOR THE SUBSCRIBED SOLUTION BEING USED GIVING RISE TO A CLAIM FOR LIABILITY, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. THESE LIMITATIONS SHALL SURVIVE AND APPLY NOTWITHSTANDING THE VALIDITY OF THE LIMITED REMEDIES PROVIDED FOR IN THE AGREEMENT.
6. REGISTRATION AND SECURITY
1. After your name and contact information has been provided to Forrest Green, you will be given a Forrest Green User ID and password. You shall provide accurate, complete and updated contact information. Failure to do so shall constitute a breach of this EULA, which may result in immediate termination of your account.
2. (a) You shall notify Forrest Green of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. (b) You shall be solely responsible for maintaining the confidentiality of your password.
3. You must be 18 years or older to subscribe to any of the Forrest Green Web Portal. You are responsible for all usage or activity on your account to the Forrest Green Web Portal. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at Forrest Green's sole discretion.

7. SOFTWARE LICENSES
1. You shall have no rights to the Forrest Green Web Portal content. You may not sublicense, assign or transfer any licenses granted by Forrest Green and any attempt at such sublicense, assignment or transfer is void.

8. TERMINATION
1. You may terminate your account at any time by notifying Forrest Green by email or through the web portal.
2. Forrest Green may, in its sole discretion, terminate or suspend your access to all or part of any Forrest Green Web Portal for any reason including, without limitation, any breach by you of this EULA, or assignment of this EULA by you.
3. You acknowledge that site administrators have the right to terminate your membership without notice for any user who restricts, inhibits or disrupts any Forrest Green Web Portal event or attempts to alter or improperly access any feature or function of the Forrest Green Web Portal. Your subscription may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Forrest Green Web Portal or any Forrest Green employee; post content (including the creation of usernames) that is offensive or otherwise disruptive of Forrest Green activities; post unsolicited advertising; or impersonate a Forrest Green employee or other individual.

9. MISCELLANEOUS
1. Governing Law. This EULA shall be governed by the laws of the Province of Ontario and the laws of Canada applicable in the province of Ontario. Any dispute under this Agreement arising between the parties will be referred to a court in Ottawa, Ontario.
2. Official correspondence must be sent via postal mail to:
   Forrest Green Solutions Ltd.
   Attention: Counsel
   10520 Yonge Street, Unit 35B Suite 322
   Richmond Hill, ON L4C 3C7

10. Privacy
    Your Privacy is Important to us.
    
    
    Our Privacy Policy explains the types of customer personal information we collect, how it is used and the steps we take to ensure your personal information is handled appropriately.
    
    Forrest Green collects information necessary to do business with you. For more specific details on what information each company may collect and how we use it, we refer you to the Frequently Asked Questions (FAQs) section.
    
    Privacy Policy
    The Privacy Policy is our commitment to you. It is our organization wide policy on how all companies in the Forrest Green family protect your personal information.
    
    Privacy Statement
    Our privacy statement provides a quick reference to the key privacy points of the Privacy Policy. It also provides you information on your choices and important contact information.
    
    Privacy Frequently Asked Questions (FAQs)
    Our FAQs provide answers to important questions you may have regarding your information and your privacy. The FAQs provide additional detail on what information is collected by each company. The information may vary according to company. If there are further questions you would like answered, feel free to contact us anytime.

11. ACCEPTANCE
1. You hereby acknowledge that you have read and understand the foregoing EULA and agree to be bound by its terms and conditions.

Forrest Green Consent Statement

I consent to the Fredericton Police Force ('Police Service') and Forrest Green Solutions Ltd., on behalf of the Police Service, collecting my personal information - namely my name(s), address(es), telephone number(s), Video Camera details including but not limited to brand, which direction it faces, a picture of what it sees, and how long footage is saved - in the event criminal activity may occur or is suspected to occur or in the event that Police Service wishes to surveil or investigate actual or potential crimes or criminal activity in an area where my footage records.

Camera Information (including uploaded pictures) added to the SNCR can be removed by the user, which makes it instantly inaccessible to the 'Police Service'.

I understand and acknowledge that my personal information will be saved inside of Safe Neighbourhood Camera Registry (SNCR) until I revoke my consent by written notice to Forrest Green Solutions Ltd. My personal information (Any information I have submitted to the SNCR) will be deleted within 90 calendar days of receipt of any such written revocation.

For full account deletion please provide written notice to [email protected].

I further acknowledge that the information provided to Forrest Green Solutions Ltd., is stored for the purpose of locating and contacting me and that the Police Service does not have direct access to my video camera and that they will contact me directly via the contact information I have provided when registering to obtain the video footage/images from me directly.

I further understand that by consenting to being part of the registry I am not consenting to granting access to my video camera footage to the Police Service. Further consent or a court order will be required for same. I understand that even if I move dwellings or remove the video camera that the information will still be held inside of the SNCR until I log into the solution and change/withdraw the information or request in writing to the Police Service that it be removed/destroyed. I understand and agree that information being provided into the SNCR is by my own consent and it is my responsibility to login and update information if it changes to help support my community and investigations performed by police.

v1.02

FREDERICTON POLICE FORCE

Privacy Notice, Consent and Release Relating to Video Footage

Privacy Notice and Consent - Collection, Use and Disclosure of Personal Information:

When you register with the Safe Neighbourhood Camera Registry ('SNCR') the City of Fredericton and Fredericton Police Force ('FPF') will collect, with your consent, the following information to allow police to contact you if an incident occurs in your area to ask if you have relevant video footage.

What information is collected

Your name

Your address

Your phone number and/or email

Video camera details (including brand, camera view and orientation, length of video retention, etc.)

How your information is used

Police will only use this information to contact you if there's an investigation or public safety incident near your property and your video footage may be relevant to the FPF in their investigation. Participation is completely voluntary and registering does not give the FPF access to your cameras or footage. If contacted, you can choose whether or not to share any recordings.

Your information is stored securely and accessed only by authorized personnel. It will be kept only as long as needed to administer the SNCR. You can ask to update or remove your registration at any time using the contact information, below.

Legal authority

Your information is collected under section 37(2)(b) of the Right to Information and Protection of Privacy Act, SNB 2009, c R-10.6 ('RTIPPA'), as amended, for law enforcement purposes.

Questions?

If you have any questions about how your information is collected, used, or disclosed please contact the City Clerk, email:[email protected], tel: 506-460-2020.

Consent and Release Relating to Video Footage

I have voluntarily agreed to participate in the SNCR operated by the FPF. I hereby authorize FPF to contact me using the contact information listed in my SNCR profile to request video footage/images from my registered video cameras to support an investigation in my surrounding area.

In the event I voluntarily provide video footage/images from my registered video camera in response to a request from FPF:

a) I hereby release and discharge the City of Fredericton, its employees, elected officials, representatives, agents, successors and assigns, including the FPF, from any and all actions, claims and demands for damages, loss or injury however arising which may hereafter be sustained by myself as a result of the information provided by me to the FPF;

b) I hereby release any claim to the video footage and/or images to the City of Fredericton, its employees, elected officials, representatives, agents, successors and assigns, including the FPF, and I understand that what is provided may be deleted/destroyed if it is unneeded once the investigation has been completed.

c) I understand and acknowledge that any video footage and/or images I provide to FPF may be kept as evidence and entered as an exhibit in court in the event the video footage/images are used to support and solve an investigation.

I certify that the information provided by me in the SNCR is true and correct to the best of my knowledge and belief. I have read this Consent and Release, understand it, and agree to it in its entirety.

I understand that the information collected by the FPF relating to the SNCR is collected, used and disclosed by FPF in accordance with the Right to Information and Protection of Privacy Act, SNB 2009, c R-10.6 ('RTIPPA').