HOA PostWatch — Law Enforcement Access Terms of Service
VOLUNTARY ACCESS — PostWatch LE access is entirely voluntary. No law enforcement agency or officer is required to use this system. If this system does not meet your investigative standards, your sole remedy is to stop using it.
1. PURPOSE & SCOPE. This system provides community-reported encounter data solely as an investigative lead-generation tool. Data is user-submitted, unverified, and may be inaccurate, incomplete, or misleading. This system is not a replacement for standard investigative procedures. PostWatch is a service provided by and wholly owned by HOAPOST, LLC, and is not a separate legal entity.
2. NO WARRANTY / ACCURACY DISCLAIMER. ALL DATA, INCLUDING GPS COORDINATES, TIMESTAMPS, PHOTOGRAPHS, ENCOUNTER DESCRIPTIONS, FACIAL SIMILARITY SCORES, LICENSE PLATE READS, AND VEHICLE DESCRIPTIONS, IS PRESENTED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR ANY INVESTIGATIVE OR EVIDENTIARY PURPOSE.
3. ACCEPTABLE USE. Access is authorized solely for official law enforcement duties within your jurisdiction. You agree not to: (a) share access credentials with any person; (b) redistribute, screenshot, or export data except as required for official case documentation with proper chain-of-custody procedures; (c) use data for personal, political, or non-official purposes; (d) attempt to identify uploaders or community members through this system; (e) use data to harass, intimidate, or surveil any individual outside of lawful investigative authority; (f) use data for any purpose that constitutes racial profiling or discrimination based on race, color, religion, sex, national origin, disability, or any protected class under federal or state law; (g) use facial recognition results or similarity scores as the sole basis for any investigative action, stop, detention, arrest, or warrant application.
4. LEGAL PROCESS & WARRANT REQUIREMENTS. Information obtained through this system does not constitute probable cause, reasonable suspicion, or any other legal standard. Before taking any law enforcement action based on information from this system, you must: (a) independently corroborate through official LE channels; (b) obtain all legally required authorizations including search warrants, arrest warrants, and court orders; (c) establish probable cause through independent evidence; (d) document the independent basis in your official records; (e) not cite PostWatch data as a primary or sole basis in any warrant application or affidavit. Failure to comply is a material breach subjecting you to personal liability under §13 and §14.
5. PUBLIC SPACE DOCTRINE. All photographs in this system were captured by community members in public places where no reasonable expectation of privacy exists under the Fourth Amendment and applicable state law (see Katz v. United States, 389 U.S. 347 (1967)). HOAPOST, LLC does not independently verify the circumstances of capture.
6. DATA PROVENANCE WARNING. Photographs and metadata are submitted by community members using personal devices. GPS coordinates are extracted from device EXIF metadata and may reflect the device's location at capture time, not necessarily the location of any depicted event. Timestamps may be inaccurate due to device clock settings, timezone assumptions, or metadata manipulation. Facial similarity scores are probabilistic and may produce false positives or false negatives. License plate reads may contain errors.
7. ANTI-DISCRIMINATION & FAIR HOUSING. You shall not use data obtained through this system in any manner that violates the Fair Housing Act (42 U.S.C. § 3601 et seq.), the Civil Rights Act of 1964, or any applicable anti-discrimination law.
8. CONFIDENTIALITY & PROHIBITION ON UNAUTHORIZED DISCLOSURE. All information accessed through this system is strictly confidential and proprietary. You shall not disclose, share, forward, transmit, screenshot, copy, or disseminate any data to any unauthorized person, agency, or third party, except: (a) within your official case file pursuant to lawful authority; (b) in response to valid compulsory legal process. Unauthorized disclosure—including to other officers, agencies, prosecutors (outside official case files), or media—is a material breach giving rise to personal liability under §14 and §15. Each instance is a separate breach.
9. AUDIT ACKNOWLEDGMENT. You acknowledge that all searches, access times, coordinates queried, results viewed, and IP addresses are logged and audited.
10. BIOMETRIC DATA NOTICE. This system processes biometric identifiers (facial geometry measurements) as defined under applicable state biometric privacy laws, including the Illinois BIPA (740 ILCS 14). Your access to biometric-derived data is conditioned on compliance with all applicable biometric privacy laws in your jurisdiction.
11. INTELLECTUAL PROPERTY. Content is user-generated and submitted under license to HOAPOST, LLC. You may not reproduce or distribute any data except for official case documentation. HOAPOST, LLC complies with the DMCA (17 U.S.C. § 512).
12. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless HOAPOST, LLC, its officers, directors, members, managers, employees, agents, successors, assigns, and affiliated HOAs from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use or misuse of data; (b) your violation of these terms; (c) any investigative action taken based on system data; (d) any claim that your use violated third-party rights; (e) any proceeding in which HOAPOST, LLC is named or joined arising from your use; (f) any unauthorized disclosure by you. This obligation survives termination.
13. PERSONAL CAPACITY LIABILITY & QUALIFIED IMMUNITY WAIVER. By accepting these terms, you agree that: (a) you enter this agreement in your individual and personal capacity; (b) to the maximum extent permitted by law, you waive qualified immunity, sovereign immunity, governmental immunity, and any similar doctrine (including under 42 U.S.C. § 1983, Harlow v. Fitzgerald) as to claims by HOAPOST, LLC for breach of these terms; (c) you consent to personal liability separate from your agency; (d) this waiver is a material condition of access; (e) your agency's indemnification or insurance does not limit your personal obligations; (f) you have had the opportunity to consult personal legal counsel.
14. HOAPOST RIGHT TO SEEK DAMAGES. HOAPOST, LLC reserves the right to sue you in your personal capacity for any breach, including: (a) unauthorized disclosure (§8); (b) failure to follow warrant/legal process requirements (§4); (c) racial profiling or prohibited use (§3, §7); (d) actions taken without independent corroboration; (e) any action causing HOAPOST, LLC to be named in litigation. Recoverable damages include actual and consequential damages, attorneys' fees, reputational harm, and regulatory penalties.
15. THIRD-PARTY DISCLOSURE LIABILITY. If you disclose system data to any unauthorized third party: (a) it is a material and incurable breach; (b) HOAPOST, LLC has a direct right of action against you personally; (c) you are liable for all resulting claims; (d) liquidated damages of $10,000 per incident apply in addition to actual damages; (e) you waive any defense that disclosure was in good faith or under color of law.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL HOAPOST, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THIS SYSTEM, INCLUDING DAMAGES FOR INVESTIGATIVE ERRORS, WRONGFUL ACTIONS, FALSE IDENTIFICATIONS, WRONGFUL ARRESTS, CIVIL RIGHTS VIOLATIONS, EMOTIONAL DISTRESS, OR REPUTATIONAL DAMAGE, REGARDLESS OF FORESEEABILITY.
17. VOLUNTARY USE & SOLE REMEDY. PostWatch LE access is entirely voluntary. Your sole and exclusive remedy is to stop using it. HOAPOST, LLC is not liable for any consequence of your voluntary decision to access this data.
18. CONTACT VERIFICATION. By submitting this application, you consent to verification of your identity and employment status, including verification with your commanding officer. False information is grounds for permanent access denial.
19. SECTION 230 NOTICE. HOAPOST, LLC is a passive intermediary platform provider within the meaning of 47 U.S.C. § 230. All content is user-generated and is the sole responsibility of the uploading user.
20. TERMINATION. HOAPOST, LLC reserves the right to revoke access at any time, for any reason, without notice.
21. COVENANT NOT TO SUE HOAPOST. You covenant that you shall not institute, maintain, or join any legal proceeding against HOAPOST, LLC arising from your use of this system or any data obtained through it. If you breach this covenant, you agree to pay HOAPOST, LLC's full costs of defense including attorneys' fees as liquidated damages.
22. DISPUTE RESOLUTION & ARBITRATION. Any dispute shall be resolved through binding individual arbitration (AAA Commercial Rules). You waive any right to class, collective, or representative proceedings. 30-day written opt-out available.
23. GOVERNING LAW. Georgia law governs. Venue: Fulton County, GA.
24. SEVERABILITY. Invalid provisions do not affect remaining terms.
25. ENTIRE AGREEMENT. These terms constitute the entire LE access agreement between you and HOAPOST, LLC.