CAREFULLY READ THESE TERMS OF USE ("TERMS") BEFORE USING THIS WEBSITE ("SITE"). BY USING THIS SITE, YOU AGREE TO THESE TERMS, AND ANY OTHER SITE SPECIFIC TERMS THAT ARE POSTED ON THE SITE OR AGREED TO IN A SEPARATE DOCUMENT.
1. Parties. The New York State Division of Criminal Justice Services (DCJS), is the Operator of this Site, although software and content may be provided by those in a business relationship with DCJS, its Agents or other Individuals. This Site is intended for the use of law enforcement officials only.
2. Changes in Terms/Site. DCJS may change these Terms at any time, without notice. Your continued use of the Site after any changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use the Site or download any materials from it. Also, DCJS may terminate, remove, modify, change, suspend or discontinue any aspect of the Site, including the availability of any features or content. DCJS may impose limits on your use of this site, or terminate or restrict your access to all or part of the Site without liability. DCJS may also without liability: (i) remove, modify or otherwise change any user's Site access for any reason, and (ii) supplement or make changes to its user access or security procedures without notice to users.
3. Confidentiality. If any information is marked "Proprietary" or "Confidential" or contains other restrictions on use or disclosure, you agree to hold such information in confidence and use it exclusively in connection with the activities for which you are authorized on the Site.
4. Content and Copyrights. "Content" includes the software, images, sounds and all files and images generated by the software, and all material and other data made available on the Site. Content may be derived in whole or in part from material supplied by DCJS, its Agents and other Individuals and other sources. This material is protected by copyright, trademark, license and other applicable laws. DCJS, its Agents or other Individuals in a business relationship with DCJS each reserve copyrights in the content that such entity or individual provides to the Site. You may not prepare derivative works based upon such content, nor may such content be modified, copied, republished, downloaded, displayed, posted, transmitted, or sold in any form without prior written permission of the copyright owner. All copyright or other proprietary notices must be kept intact. Any copyright owner's consent may be revoked at any time, and such consent does not include consent to republish Site information on any other Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation, unless permission is expressly given in writing. Any other use of the content of this Site is strictly prohibited.
5. Disclaimers. THIS SITE, ITS CONTENT AND THE AVAILABILITY OF INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO LAW, DCJS, AND ITS AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE WILL NOT EXPAND THE LIABILITY OF DCJS, OR ITS AGENTS BEYOND THE LIMITS OF ANY AGREEMENT UNDER WHICH ACCESS HAS BEEN GRANTED. YOU UNDERSTAND AND AGREE THAT DCJS, AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR ENTITY OR YOUR COMPUTER SYSTEM FOR ANY LOSS OF DATA OR MIS-DELIVERIES THAT RESULT FROM USE OF THE SITE OR DOWNLOAD OF ANY CONTENT, DATA AND/OR SOFTWARE FROM THIS OR THIRD-PARTY SOURCES. DCJS, OR ITS AGENTS DO NOT MAKE ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL DCJS, OR ITS AGENTS BE LIABLE FOR ANY CLAIM BY ANY PARTY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON IT, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification. You agree to defend, indemnify and hold harmless DCJS, and its Agents, as well as their respective directors, officers and employees, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent of intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (ii) any misrepresentation made by you in connection with your use of the Site; and (iii) claims brought by persons or entities other than the Parties to these Terms, arising from or related to your access and use of the Site, including the information obtained through the Site.
8. Infringement Policy. DCJS, pursuant to 17 U.S.C. §512 ("the Act") reserves the right, but not the obligation, to terminate your access to the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. Pursuant to the Act, DCJS has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act (see, 17 U.S.C. §512[c]). All claims of infringement must be submitted to DCJS in a written communication to:
Chief of Program Services
NYS Division of Criminal Justice Services Office of Public Safety
Alfred E. Smith Building
80 South Swan St.
Albany, New York 12210
By phone: - (518) 457-2667
By email: - OPSDistLearning@dcjs.state.ny.us
Such written notice regarding claimed infringement must substantially include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or the person defamed; (ii) 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 the site; (iii) identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address; (v) a statement that you have 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Miscellaneous. These Terms shall be governed by and construed exclusively in accordance with the laws of the State of New York, without giving effect to any principles of conflict of laws. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms have been taken into account in the decision by DCJS to provide the Site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of New York for any disputes arising from or related to the Site or these Terms. You also agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. Your access to this or any linked Site from Territories where the contents may be illegal is prohibited.
These Terms are not intended to alter the terms or conditions of any other agreement you may have with DCJS, its Agents or other Individuals to the extent that those agreements govern issues other than your use of the Site, nor any agreements that they may have with one another. Should any provision in these Terms be found invalid or unenforceable for any reason, that provision shall be deemed severable from the Terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms or your use of the Site must be filed within one year after it arose or be permanently barred.