Cary Connect Program Terms and Conditions

I. INTRODUCTION

These Cary Connect Program Terms and Conditions apply between the Town of Cary, a North Carolina municipal corporation hereafter referred to as “Cary” for the purpose of sharing video to the Cary Police Department; and your Community Member organization with its principal address indicated within the Registry portal, hereafter referred to as “Community Member”; collectively referred to as “THE PARTIES.”

II. PREAMBLES

WHEREAS, Cary has a law enforcement agency located in Cary, North Carolina and, as such, it possesses territorial jurisdiction as set forth in N.C.G.S. § 15A-402.

WHEREAS, Community Member is an organization or resident operating or living within the territorial jurisdiction of the Cary Police Department.

WHEREAS, these Terms and Conditions has as their objective the collaboration and participation of Cary and Community Member for the purpose of facilitating the establishment of channels of communication and accessing of video sources that permit the creation and interchange of information.

WHEREAS, the missions of the Parties are complementary;

THEREFORE, the Parties wish to be in compliance with the following clauses:

III. GOAL

The goal of these Terms and Conditions is to set forth guidelines for sharing of Community Member 's video source locations and/or video sources with Cary.

IV. PURPOSE

Cary is dedicated to improving the quality of life of residents of the Town of Cary. Private security cameras installed throughout the Town of Cary may sometimes capture footage of emergency situations or public safety incidents. Cary currently has a contract with FUSUS LLC (“Fusus”) for a video and data collaboration platform utilizing fususCORE Devices. This platform allows for the integration of video camera systems through an integration device that can connect to camera systems to act as a secured buffered video gateway.

In the spirit of collaboration and to aid in improved situational awareness and potential efficiency of emergencies, you agree to allow for the integration of your video assets to be accessed and shared with Cary.

In the case of Camera Registry, the location of the Community Member 's video sources is granted to Cary. In the case of video integration, video access is granted by Community Member to video sources designated by Community Member that are owned by or under management by Community Member. Cameras shared must also be approved by Cary as appropriate for sharing and deemed useful for purposes of this initiative. It is neither intended nor expected that Community Member's cameras will be routinely monitored in real-time, or at subsequent times, by Cary. Video sharing by Community Member with Cary is intended to be done in the spirit of partnership for the purpose of working collaboratively to share information. Video access by Cary does not constitute commitment on the part of Cary that video will be viewed in emergencies or at any time, even if requested by Community Member.

V. RESPONSIBILITIES OF CARY

Cary will only access video sources designated by Community Member for integration into the Fusus platform. Unless otherwise required by law, Cary will not share access to Community Member's camera locations or views with members of the public, or outside of Cary, without the prior written consent of Community Member. Further, to the extent that any Community Member video recording is deemed to be a law enforcement recording pursuant to N.C.G.S. § 132-1.4A, the disclosure or release of such video will be governed by N.C.G.S. § 132-1.4A. Further, Cary will ensure video access is strictly limited to personnel responsible for monitoring the system, and authorized login metadata will be tracked and logged. Finally, Cary will ensure any employee responsible for video access is trained on system use and security of access. Cary will direct any inquiries related to Community Member or Community Member's video sources to the appropriate designee as indicated in Section VIII.

VI. RESPONSIBILITIES OF COMMUNITY MEMBER

Community Member expressly understands, acknowledges, and agrees that Cary’s platform through Fusus is subject to change by Cary without notice to you. Nothing contained in this Agreement shall be deemed a representation or warranty by Cary that Cary will continue to utilize the Fusus platform, nor that such platform will remain compatible with any device purchased, developed, or otherwise obtained or used by you now or in the future.

Community Member will provide Cary at least one point of contact, as indicated below, with a basic understanding of Community Member's inventory and locations of camera assets as may be required for video registration or integration. In the case of video integration, typical configuration should take less than an hour and may require installation of additional hardware at Community Member location(s). Community Member will provide information needed by Cary for the system to operate; including but not limited to, camera make, model, IP address, and Camera and/or associated DVR/NVR login information.

Community Member shall also ensure that no recordings are made of any area in which a person who is being recorded would have a reasonable expectation of privacy. Community Member will not allow any audio recordings or audio data to be transmitted or accessed by Cary as part of this camera integration program and any audio recordings or data will not be monitored by CPD. Community Member shall further ensure that recordings do not include any audio unless specifically authorized by North Carolina and Federal law.

VII. LIMITATION OF LIABILITY

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THESE TERMS AND CONDITIONS.

NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS CREATING AN AGENCY RELATIONSHIP BETWEEN CARY AND COMMUNITY MEMBER. COMMUNITY MEMBER UNDERSTANDS THAT THEY ARE NOT ACTING AS AN AGENT AND/OR EMPLOYEE OF CARY.

COMMUNITY MEMBER HEREBY AGREES TO HOLD CARY (INCLUDING THEIR AGENTS AND EMPLOYEES) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DAMAGES, DEMANDS, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, AND COSTS OF ACTIONS FOR ANY MATTER ARISING OUT OF OR IN ANY WAY RELATED TO PARTICIPATION IN CARY CONNECT PROGRAM.

VIII. EFFECTIVE DATES AND AMENDMENTS.

This Terms and Conditions shall take effect upon Community Member’s acceptance via consenting to integrate any Community Member camera with Cary through the FūsusONE platform and shall remain in effect for a period of five (5) years from that date unless earlier terminated. Neither party may assign or transfer all or any portion of this Terms and Conditions without the prior written consent of the other party.

The Terms and Conditions will automatically renew at the end of this period, unless terminated by mutual written agreement by both Parties.

The provisions of these Terms and Conditions may only be amended or waived by mutual written agreement by both Parties.

Any Party may terminate these Terms and Conditions and any related agreement at any time and for any reason by giving written notice to the other Party.

The individual agreeing to be bound by these Terms and Conditions on behalf of their respective entity represents and warrants (without personal liability therefor) that, upon their consenting to integrate any Community Member camera with Cary through the FūsusONE platform, these Terms and Conditions shall have been duly agreed to by the entity the individual represents.

IX. ENTIRETY OF THE AGREEMENT

These Terms and Conditions embody the entire and complete understanding and agreement between the Parties and no amendment will be effective unless signed by the Parties.

X. APPLICABLE LAW

All matters relating to these Terms and Conditions and any other related agreement shall be governed by the laws of the State of North Carolina without regard to its choice of law provisions and venue for any related actions shall be in the courts of Wake County, North Carolina.

XI. AUTHORITY TO ENTER INTO AGREEMENT

By clicking “Agree,” I (a) understand that I am legally bound by the Terms and Conditions, and(b) if you are entering into this Agreement on behalf of a corporation, governmental organization, or other legal entity, that you have the right, power, and authority to bind that entity to these Terms and Conditions.