US SCRAM Nexus Software User Terms and Conditions
This application is maintained on behalf of the community corrections agency or treatment court with which you are affiliated or contracted and all information within the system belongs to that agency. By installing and signing into this application, you agree that the use of this application by you, as well as any information you enter into the application or access during such use, is subject to these terms and conditions.
READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING NEXUS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.
Nexus is a proprietary software system of Alcohol Monitoring Systems, Inc. (“AMS”). Your use of Nexus is limited by and subject to these terms and conditions and the terms of the agreement between AMS and the law enforcement agency or treatment court (“Customer”) authorizing your access to Nexus (collectively, the “Terms”). The Terms form a binding legal agreement between you and AMS in relation to your access to and use of Nexus.
If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing Nexus on behalf of that entity.
Subject to the termination provisions below, AMS grants to you a non-exclusive, non-transferable limited right to access and use Nexus pursuant to these Terms. You may use Nexus only for the purpose of obtaining and analyzing information accessed through Nexus on behalf of the Customer and/or one or more Clients. A “Client” is an offender, an ex-offender, or participant under supervision by an officer or any other similarly supervised personnel of the Customer. You agree that your access is for you only and cannot be shared or used by more than one individual. You agree to keep your Nexus sign-on credentials secure and change your password no less frequently than every six (6) months. You agree to (i) use reasonable care to prevent unauthorized access to or use of Nexus and notify AMS promptly upon becoming aware of any such unauthorized access or use; (ii) use Nexus only in accordance with any User Guides or other written instructions provided to you and in accordance with all applicable laws and government regulations; and (iii) use Nexus only as expressly allowed under this Agreement.
You will not, nor will permit anyone else to,: (a) tamper with the security of Nexus; (b) access Customer or Client data which is not intended for you; (c) log into a server or account through Nexus for which you are not authorized; (d) make Nexus available to, or use for the benefit of, any third party not authorized by AMS; (e) create any link to Nexus or frame or mirror any content contained or accessible through Nexus; (f) reverse engineer, remanufacture, decompile, disassemble, or otherwise attempt, in whole or in part, to derive the source code for or to decrypt Nexus; (g) probe, scan or test the vulnerability of Nexus or to breach the security or authentication measures of Nexus; (h) remove, modify, or obscure any copyright, trademark, patent or other proprietary notice that appears in Nexus or (i) wilfully render any part of Nexus unusable. AMS shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable license to use or incorporate into any AMS software or services any suggestions, enhancement requests, recommendations or other feedback provided by you and you waive any confidentiality or privacy restrictions that may otherwise apply to your suggestions, enhancement requests, recommendations or other feedback.
HIPAA/Part 2 Compliance
Nexus is maintained on behalf of the Customer for the purpose of monitoring and communicating regarding a Client’s compliance with parole obligations or court order. Nexus is not used to maintain information on behalf of a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations found at 45 C.F.R. Parts 160 and 164 (collectively “HIPAA”) or on behalf of a “program” under the Confidentiality of Substance Use Disorder Patient Records found at 42 C.F.R. Part 2 (“Part 2”).
You warrant that you will only utilize Nexus and access information as permitted by law. You warrant that you will only enter information into Nexus to the extent you have legal authority to use or disclose such information. To the extent information subject to Part 2 is entered into Nexus, you are solely responsible for identifying the information by indicating “42 CFR Part 2 prohibits unauthorized disclosure of these records.”
If you are a treatment provider, you are granted access to Nexus for the purpose of communicating with the law enforcement or treatment court with which you are affiliated or contracted. This grant of access does not give you any rights to the information contained in Nexus. You are responsible for maintaining your own medical and business records regarding services provided to individuals, including Clients. To the extent you are a “covered entity” under HIPAA, a “program” under Part 2, or subject to other state confidentiality laws, you warrant that you will only upload or enter information subject to HIPAA, Part 2, or state law to the extent you are permitted to disclose such information to the Customer under applicable law. You are responsible for maintaining documentation of authority to disclose information to the Customer through Nexus and agree to make such documentation available to the Customer or AMS upon request. Where information entered into the application is subject to Part 2, you will identify such information by indicating “42 CFR part 2 prohibits unauthorized disclosure of these records.”
Changes to Terms
From time to time, AMS may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice in Nexus or provide an email to all active users. All new and/or revised Terms take effect immediately and apply to your use of Nexus from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of Nexus after revised Terms are effective indicates that you have read, understood, and agreed to those revised Terms.
You may be granted access to certain software or data components which are made available for access through or linked to Nexus but which are owned or licensed by the Customer and not AMS (“Non-AMS Components”). AMS disclaims all liability and responsibility for such Non-AMS Components and is not responsible for any problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to these Non-AMS Components.
Reservation of Rights
Except for the limited rights expressly granted in these Terms, AMS (or its third party licensors) reserves all rights and title to and interest in Nexus (and all modification to the same), including without limitation all related intellectual property rights. No rights are granted to you other than those expressly set forth herein.
No Warranties; No Liability
TO THE EXTENT NOT PROHIBITED BY LAW, AMS MAKES NO WARRANTIES DIRECTLY TO YOU OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT, COURSE OF PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMS DISCLAIMS ALL LIABILITY OF ANY KIND TO YOU, WHETHER IN CONTRACT OR TORT, WITH REGARD TO YOUR USE OF NEXUS. THIS LIMITATION MAY NOT APPLY IN CERTAIN JURISDICTIONS THAT DO NOT ALLOW THE LIMITATION OF LIABILITIY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Term and Termination
Your right to use Nexus under these Terms will continue until your access is terminated by AMS based on (i) the termination of the agreement between the Customer and AMS, (ii) your removal as an authorized user by the Customer, (iii) your use of Nexus to facilitate illegal, abusive or unethical activities including pornography, obscenity, violations of law or privacy, hacking, computer viruses, or any harassing or harmful materials or uses; or (iii) your material violation of these Terms.
You will comply with the export laws and regulations of the United States and other applicable jurisdictions in accessing Nexus, including but not limited to, compliance with any relevant U.S. export embargo, prohibition or restrictions. You warrant that you (i) are not named on any U.S. government list of persons or entities prohibited from receiving exports and (ii) are not located in, under the control of, or a national or resident of any U.S. embargoed country.
AMS provides access to Nexus solely in accordance with the following: If you are accessing Nexus on behalf of the U.S. Government or a U.S. Government prime contractor or subcontractor (at any tier), then, as a commercial item, the government’s rights in Nexus will be only as set forth (i) in this Agreement or (ii) as provided in FAR 12.212 (Computer Software) and (for Department of Defense use or disclosure) DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation), whichever set of rights provided in (i) or (ii) are the more restrictive.
Law and Jurisdiction/Venue
Except where the following is not permitted by applicable law or unless it is otherwise superseded by the terms of the agreement between the Customer and AMS, you and AMS agree that the Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflicts of laws provisions, and you and AMS consent to jurisdiction, service of process and venue in the City and County of Denver, Colorado.