Effective Date: March 29, 2019
YOU MAY ONLY USE THE SITE PURSUANT TO THIS AGREEMENT. By accessing or otherwise using the Site, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. If you do not accept these Terms, you are not permitted to access or use the Site.
We may update or change the Terms from time to time, at our sole discretion, with or without notice to you. We may also update, modify or replace the Site, and we reserve the right to discontinue offering access to the Site. Your continued use of any part of the Site constitutes acceptance of such change. Although we may endeavor to notify you when major changes are made to the Terms, you should periodically review the most up-to-date version prior to using the Site. If you do not agree to any modifications of these Terms, you must not continue to use the Site.
1. License Use and Restrictions. Subject to the terms and conditions of this Agreement, VCPI hereby grants to you the non-transferable, non-sublicensable, nonexclusive, royalty-free, limited license to access and use the Site for personal and non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such rights.
In exchange, you agree that you will not:
- copy or duplicate, in whole or in substantial part, the Site;
- distribute, transmit, publish, transfer, sell or commercially exploit in any way the Site, in whole or in part, or cause others to do so;
- reverse engineer, decompile or modify the Site, in whole or in part;
- use the Site or any information contained therein or results derived therefrom to develop any products or services that could be competitive with the Site or any other products or services provided by VCPI or its affiliates;
- alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site;
- use the Site in any way that could interfere with, disrupt or negatively affect the Site or its servers or networks;
- upload viruses or other malicious code or otherwise compromise the security of the Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site;
- probe, scan or test the vulnerability of our Site or any system or network; or
- encourage or promote any activity that violates this Agreement.
VCPI may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site, including termination of your account.
2. Proprietary Rights. All information, graphics, photographs, online learning modules, programs, and courses, format, design and other copyrighted material on the Site (collectively, “Content”) and the operation and interface of the Site are protected by copyright law and other intellectual property laws, and are owned by or licensed to VCPI or its affiliates with permission of the owner. Unless you are the Content owner, you may not copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in any way without the prior written consent of VCPI. Any breach of this Agreement shall immediately terminate the license and rights granted by VCPI hereunder, and may subject you to civil and/or criminal prosecution.
3. Transmission of Information. Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not, responsible for the security of information that you choose to communicate with VCPI while it is being transmitted. In addition, VCPI is not responsible for any data lost during transmission.
4. DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. VCPI, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
For purposes of clarification, but not limitation, of the foregoing: neither VCPI nor any of its employees or agents warrant that use of the Site will be uninterrupted or error-free; nor do they make any warranty as to (i) the accuracy, completeness, timeliness, reliability or content of any information or service offered through the Site; (ii) that the quality of any services, information, or other material that you obtain will meet your expectations; or (iii) that the files available for downloading or sharing from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties.
5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL VCPI OR ANY OFFICER, DIRECTOR, AFFILIATE, EMPLOYEE OR AGENT THEREOF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR OTHERWISE IN CONNECTION WITH THE SITE. VCPI SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES RESULTING FROM YOUR USE OF THE SITE. FOR PURPOSES OF CLARIFICATION, AND NOT LIMITATION, OF THE FOREGOING, VCPI SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS), REGARDLESS OF THE NATURE OF SUCH DAMAGES AND REGARDLESS OF WHETHER VCPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VCPI ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT OR USER COMMUNICATION. VCPI IS NOT RESPONSIBLE FOR OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, MOBILE DEVICE, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE ARISING OUT OF OR RELATED TO USE OF THE SITE
If applicable law in your jurisdiction limits or prohibits application of some or all of the above limitations on liability, those provisions should be interpreted to limit VCPI’s liability to the fullest extent permitted by applicable law.
7. Your Representations and Warranties. You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; (ii) you are not listed on any United States government list of prohibited or restricted parties; (iii) you are of sufficient legal age in your jurisdiction to enter this Agreement; (iv) your access and use of the Service does not violate any agreement between you and any third party; and (v) your access and use of the Service do not violate any applicable local, state, national or international law, rule, or regulation in your jurisdiction, including, without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
8. User Submissions. You promise that you own all rights to any content or information you post or share using the Site (referred to as “User Content”), such as comments, photos, or videos. You further promise that you have paid and will pay in full any fees or other payments that may be related to the use of your User Content, and that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
By uploading User Content to the Site, you grant to VCPI a perpetual, irrevocable, non-exclusive, worldwide, fully-paid-up, royalty-free license to reproduce, display, perform, distribute, store, modify, make derivative works from, and otherwise use User Content in connection with the Site and for any other purpose related to the Site. You agree that any User Content that you place or authorize us to place on the Site may be viewed by other users and may be viewed by any person visiting or participating in the Site’s services.
You understand and agree that we may, but are not obligated to, monitor or review any User Content you post or cause us to post. We may delete any User Content, in whole or in part, that in our sole judgment violates this Agreement or may harm our reputation.
9. Digital Millennium Copyright Act (“DMCA”) Notice. VCPI is under no obligation to, and does not, scan third party content used or posted in connection with the Site for the inclusion of illegal or impermissible content. However, VCPI respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another’s copyright. It is VCPI’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.
If you believe any content on the Site infringes a copyright, you agree to provide VCPI with a written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VCPI to locate the material;
- Information reasonably sufficient to permit VCPI to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to VCPI’s designated agent as follows:
If by e-mail: [email protected]e.org
If by mail: Sheila Gunderman Director of Programs Virginia Center for Policing Innovation 413 Stuart Circle, Suite 200 Richmond, VA 23220
10. Creating an Account on the Site. In order to access certain features of the Site, you may have to create a user account with VCPI (a “User Account”). You must safeguard your password and supervise the use of your User Account. You must safeguard your password and supervise the use of your User Account. You agree (i) to provide accurate and up-to-date information in connection with your User Account; (ii) that you are responsible for your own use of your User Account and any use of your User Account by anyone you allow to access it; and (iii) you will notify VCPI immediately of any unauthorized use of your User Account. Please note that VCPI may also allow authorized persons within your organization to access certain details related to your User Account for purposes of monitoring enrollment in, and completion of, VCPI’s programs and courses.
Your User Account is non-transferable and may not be sold. If you violate any of these limitations, we may terminate any or all of your User Accounts. If you commit fraud or falsify information in connection with your use of the Site or in connection with your User Account, your User Account may be terminated immediately and we reserve the right to pursue any and all legal action that we, in our sole discretion, deem necessary or appropriate.
12. Dispute Resolution. This Agreement is governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws principles. You hereby irrevocably submit to the jurisdiction of, and waive any objection to venue in, the state and/or federal courts in Richmond, Virginia with respect to any dispute, disagreement or cause of action arising out of or related to the Site. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT.
13. Miscellaneous. VCPI’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time. VCPI may, at any time, in its sole discretion and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of VCPI. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalid, illegal or unenforceable provision shall be modified, if possible, to lawfully effect the intent of the parties and shall not affect the existence or enforceability of any other provision of this Agreement.
Please direct any questions or comments concerning these Terms to [email protected].