Unless otherwise agreed in writing with IPICD, Inc., your use of any Website or Service will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Master Terms.”
In addition, your use of any Website or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to a Website or Service, these will be accessible for you to read either within, or through your use of, that Website or Service.
The Master Terms, together with any Additional Terms, form a binding legal agreement between you and IPICD, Inc. in relation to your use of the Websites and the Services. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.
Your Agreement to the Terms. YOUR ACCESS OR USE OFANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any IPICD, Inc. Website or Service you also represent that you are over the age of eighteen (18), and have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
Changes to the Terms. From time to time, IPICD, Inc. may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by IPICD, Inc. in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and IPICD, Inc. that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
Provision of the Websites and Services Generally. IPICD, Inc. makes the Websites and Services available to you on the Terms. You may only use the Websites and Services in accordance with these Master Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service.
No Legal, Psychological, and/or Medical Advice. IPICD, Inc. is not a law firm, psychological or psychiatric practice, and/or a medical practice and does not provide legal, psychological, and/or medical advice. Using the Websites or Services or sending us an email does not create an attorney-client relationship. In particular but without limitation, use of any of IPICD, Inc.’s information does not constitute legal, psychological, and/or medical advice, nor does it create an attorney-client relationship. The information contained herein is time sensitive, and users should consult with their respective medical, legal, psychiatric, and/or other professionals prior to using this information to make sure that it is current and has not become outdated, modified, and/or replaced with more current information. Users are also advised to consult with their respective medical, legal, psychiatric, and/or other professional directors/counsel to determine how the information contained on the Websites is affected by laws of their jurisdiction, protocols of their jurisdiction, policies and procedures of their jurisdiction, and so forth, as these may affect the application of the information contained herein to individual events and circumstances. The information contained herein is provided to assist law enforcement administrators, officers, EMS providers, and others, and does not establish or create a standard of care, nor enhance applicable legal standards of care. IPICD, INC., ITS WEBSITE DESIGNERS, ITS BOARD OF DIRECTORS, AND/OR ITS ADVISORS ACCEPT NO LIABILITY WHATSOEVER FOR ANY INJURIES TO PERSON OR TO PROPERTY RESULTING FROM THE APPLICATION OR THE ADOPTION OF ANY OF THE INFORMATION, PROCEDURES, TACTICS, OR OTHER CONSIDERATIONS PRESENTED OR CONTAINED IN IPICD, INC. TRAINING PROGRAMS AND/OR WEBSITES. Only Institute for the Prevention of In-Custody Deaths, Inc.-qualified instructors is authorized to use and to instruct the content of the training programs.
Your Conduct You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to IPICD, Inc., and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that IPICD, Inc. has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so. You further agree, under penalty of perjury, that you are the person providing accurate information, and are the person who is taking any online assessment where your name is listed as the person taking the assessment. You agree not to have someone else take an assessment in your name.
Additionally, you agree not to use the IPICD, Inc. Websites or Services to:
Access content or data not intended for you, or log onto a server or account that you are not authorized to access;
Attempt to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
Intimidate or harass another;
Use or attempt to use another’s account, service, or personal information;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services; or
Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service;
Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by IPICD in providing the Site or Service.
Any violation of system or network security may subject you to civil and/or criminal liability.
License to use Website Unless otherwise stated, IPICD, Inc. and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this Website (including republication on another Website) without first obtaining written permission from the IPICD, Inc.;
sell, rent or sub-license material from the Website; show any material from the Website in public;
reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
edit or otherwise modify any material on the Website, unless it is for your criminal justice agency; or
redistribute material from this Website (except for content specifically and expressly made available for redistribution).
Where content is specifically made available for redistribution, it may only be redistributed within your organization or agency.
Links to IPICD, Inc. Websites You may not create a link to any page of this or other IPICD, Inc. Website without first obtaining prior written consent. If you do create a link to a page of this and/or other IPICD, Inc. Websites you do so at your own risk and the exclusions and limitations set out above will apply to your use of this and/or other IPICD, Inc. Websites by linking to it.
Acceptable use You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without IPICD, Inc.’s express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing without IPICD, Inc.’s express written consent.
Restricted access Access to certain areas of this and other IPICD, Inc. Websites is restricted. IPICD, Inc. reserves the right to restrict access to [other] areas of this and/or other IPICD, Inc.-owned and/or controlled Websites, or indeed this entire Website, at IPICD, Inc.’s discretion.
If IPICD, Inc. provides you with a user ID and password to enable you to access restricted areas of this or other IPICD, Inc. Websites or other content or services, you must ensure that the user ID and password are kept confidential.
IPICD, Inc. may disable your user ID and password in IPICD, Inc.’s sole discretion without notice or explanation.
User content In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
You grant to IPICD, Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to IPICD, Inc. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or IPICD, Inc. or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
IPICD, Inc. reserves the right to edit or remove any material submitted to this Website, or stored on IPICD, Inc.’s servers, or hosted or published upon this or other IPICD, Inc. Websites.
Notwithstanding IPICD, Inc.’s rights under these terms and conditions in relation to user content, IPICD, Inc. does not undertake to monitor the submission of such content to, or the publication of such content on, this or other IPICD, Inc. Websites.
No warranties IPICD HEREBY DISCLAIMS ALL WARRANTIES. IPICD IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IPICD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IPICD DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Nothing on this or other IPICD, Inc. Websites constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability IPICD’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IPICD BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY IPICD. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Reasonableness By using this and/or other IPICD, Inc. Websites, you agree that the exclusions and limitations of liability set out in this and other IPICD, Inc. Website disclaimers are reasonable.
If you do not think they are reasonable, you must not use this and/or other IPICD, Inc. Websites.
Other parties You accept that, as a limited liability entity, IPICD, Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against IPICD, Inc.’s officers, directors, and/or employees in respect of any losses you suffer in connection with this or any IPICD, Inc. Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this and other IPICD, Inc. Website disclaimers will protect IPICD, Inc. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as IPICD, Inc.
Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the IPICD, Inc.’s services and the full content of this and other IPICD, Inc. Websites.
Unenforceable provisions If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this and/or other IPICD< Inc. Website disclaimers.
Indemnity You hereby indemnify IPICD, Inc. and undertake to keep IPICD, Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by IPICD, Inc. to a third party in settlement of a claim or dispute on the advice of IPICD, Inc.’s legal advisers) incurred or suffered by IPICD, Inc. arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions Without prejudice to IPICD, Inc. other rights under these terms and conditions, if you breach these terms and conditions in any way, IPICD, Inc. may take such action as IPICD, Inc. deems appropriate to deal with the breach, including suspending your access to this and/or other IPICD, Inc. Websites, prohibiting you from accessing the Websites, blocking computers using your IP address from accessing the Websites, contacting your Internet service provider to request that they block your access to the Websites and/or bringing court proceedings against you.
Variation IPICD, Inc. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this and/or other IPICD, Inc. Websites from the date of the publication of the revised terms and conditions on this and/or other IPICD, Inc. Websites. Please check this page regularly to ensure you are familiar with the current version.
Assignment IPICD, Inc. may transfer, sub-contract or otherwise deal with IPICD, Inc.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement These terms and conditions constitute the entire agreement between you and IPICD, Inc. in relation to your use of this and/or other IPICD, Inc. Websites, and supersede all previous agreements in respect of your use of this and/or other IPICD, Inc. Websites.
Force Majeure Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Law and jurisdiction These terms and conditions will be governed by and construed in accordance with Nevada law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Nevada.
Credit This document was created, in part, using a Contractology template available at http://www.freenetlaw.com . Other information was made available on the World Wide Web by Creative Commons Corporation, Terms and Conditions (Template), and by IPICD, Inc. legal counsel.