Terms and Conditions
The personnel of CAP Index, Inc. endeavor to perform our work in the most professional
manner, using the most qualified people in our company or at our disposal to meet
the needs of our customers. We strive to improve our databases and technology in
a reasonable and proper manner.
PRODUCT DESCRIPTIONS AND EXPRESS WARRANTIES
The data provided to our clients with respect to a geographic area under review
are based on United States, Canadian and United Kingdom census data, other public
records, and data licensed from third parties. Although these data are considered
highly reliable, we are not able to vouch for their completeness or accuracy, and
in some instances licensed data showing facility locations may become out-dated.
Nevertheless, our statistical analysis as expressed in reports, maps, loss experience
validations or other services must assume that these data, as recorded and compiled
by the various governmental agencies or private licensors, are in fact complete,
accurate and current. Furthermore, if this report includes our conclusions with
respect to crime risk by site, those conclusions are based upon statistical analysis,
and therefore constitute probabilities of criminal activity over a period of time,
CRIMECAST® crime vulnerability assessments are reports and/or maps that have
been generated for multiple sites using latitude/longitude identifications. To the
extent you have provided CAP Index, Inc. with those latitude/longitude identifications,
CAP Index, Inc. has not independently verified the accuracy of the site identifications.
CAP Index, Inc. will provide reports and maps based on the actual latitude/longitude
identified by you, and thus the accuracy of those reports and maps will depend on
the accuracy of the data provided by you.
CAP Index, Inc. may have provided you with latitude/longitude site identifications
as a part of its address geocoding service, either in conjunction with a CRIMECAST®
order, or as a separate service. Address geocoding provided by CAP Index, Inc. is
based on physical addresses provided by you. Once again, CAP Index, Inc. does not
independently verify the accuracy of those addresses, and thus the accuracy of the
resulting CAP Index, Inc. products or services will depend on the accuracy of the
data provided by you.
CAP Index, Inc. warrants that its products and services conform to the foregoing
descriptions and that, subject to the limitations set forth, all reasonable efforts
have been made to ensure that the data or analyses provided to you are accurate
HOWEVER, BY REASON OF THE FOREGOING, AND BECAUSE WE ARE UNABLE TO ANTICIPATE ALL
OF THE USES TO WHICH OUR CLIENTS INTEND TO PUT OUR STATISTICAL ANALYSIS, CONCLUSIONS
OR REPORTS, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT,
OR ANY COSTS OR EXPENSES INCURRED BY A CLIENT, WHETHER INCIDENTAL, CONSEQUENTIAL,
OR OTHERWISE, BY REASON, OR AS A RESULT OF A CLIENT’S USE OF, OR RELIANCE UPON OUR
STATISTICAL ANALYSIS, CONCLUSIONS, OR REPORTS.
In no event shall we be liable for an amount in excess of twice the cost of the
report, product or service provided. CAP INDEX, INC. MAKES NO WARRANTY, EITHER EXPRESS
OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND OF FITNESS
FOR A PARTICULAR PURPOSE.
By accepting any report, product or service and acting upon it, the client agrees
as follows: the client shall defend and indemnify CAP Index, Inc., its directors,
officers and employees from any liability and expense (including reasonable attorneys’
fees) imposed upon or incurred by CAP Index, Inc. as a result of any claim, demand,
liability, suit or similar occurrence arising out of the intentional or negligent
misuse of this report or its contents by the client, an employee, agent, or anyone
acting on behalf of the client; provided that CAP Index, Inc. shall promptly notify
the client of any such claim, and permit the client to control the defense or resolution
thereof, and CAP Index, Inc. shall fully cooperate with the client in connection
CAP Index, Inc. will retain CRIMECAST® reports for a period of no longer than
5 years from date of creation. All reports older than 5 years will be deleted.
USE OF THE PRODUCTS OR SERVICES
Any products, services and all other material prepared by CAP Index, Inc. are for
the exclusive use of the intended recipient. No part of the content may be copied,
distributed, or disseminated to any person or entity in any form without the prior
express written permission of CAP Index, Inc. You agree not to modify, decompile,
disassemble, decrypt, extract, or otherwise reverse engineer any CAP Index, Inc.
product, or any part thereof, for any reason. You are not authorized to resell any
products or material delivered to you by CAP Index, Inc.
The copyright of all reports and maps is the sole and exclusive property of CAP
Payment for the product or service provided under the foregoing terms and conditions
shall be due upon receipt of an invoice from CAP Index, Inc. unless otherwise expressly
provided by separate written agreement between the client and CAP Index, Inc.