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1. Acceptance of Terms
1.1 Read these The California Peace Officers' Memorial Foundation website Terms of Use ("Terms") carefully before You ("You") accept these Terms by: (a) selecting the "Accept" button at the end of the Terms, (b) placing an order through camemorial.org, or (c)otherwise using The California Peace Officers' Memorial Foundation website ("Website"). If You do not agree to all of these terms, select the "Decline" button at the end of the Terms, or do not use this Website.
1.2 The Terms are entered into by and between the California Peace Officers' Memorial Foundation ("CPOMF") and You. CPOMF provides information, and other on-line resources accessible via The California Peace Officers' Memorial website (the "Services") to You, subject to these Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the current Services, including the release of new CPOMF resources.
2. Your Obligations
In consideration of Your use of the Services, You agree to be solely responsible for: (a) providing true, accurate, current, and complete information about You and (b) maintaining and promptly updating the information to keep it true, accurate, current and complete. You are solely responsible for the security of your password if one is given to you. If You provide any information that is false, inaccurate, out of date, or incomplete, or CPOMF has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, CPOMF may suspend or terminate Your account (as described in Section 9) and refuse any and all current or future use of the Services (or any portion thereof). CPOMF agrees to make reasonable efforts to implement requested changes, additions, or deletions to you information within one (1) business day of receipt of such written information. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that You incur in order to use the Services.
3. Confidentiality of CPOMF Information
In order to gain access to the Services, You agree to these confidentiality provisions:
3.1 You acknowledge that You may obtain access to certain CPOMF confidential information via the Website, including CPOMF databases containing confidential information of CPOMF and its members, and other valuable information ("Information"). You must hold Information in strict confidence and may provide Information to Your employees or members only on a need-to-know basis. You may use the Information from the Website solely for the purpose of contributing to and supporting CPOMF's efforts, events and products. Title to Information remains with CPOMF and its members. You agree, either as an individual or on behalf of Your employer, to be bound by the provisions of this Section 3. Furthermore, if You are acting on behalf of Your employer, Your employer agrees to indemnify You for violations of this Section 3.
3.2 You do not acquire any rights in Information, except the limited right to use Information as described above.
3.3 Any breach of the Terms will result in irreparable harm to CPOMF for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CPOMF will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CPOMF seeks such an injunction.
3.4 Your obligations regarding Information expire five (5) years after the date of disclosure. Upon termination of the Terms or CPOMF 's written request, You must cease use of Information and return or destroy all Information.
3.5 The Terms impose no obligation upon You with respect to Information that You can establish by Legally sufficient evidence: (a) You possessed, or knew, prior to Your receipt from CPOMF, without an Obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Information and without the participation of individuals who have had access to Information, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to CPOMF adequate to afford CPOMF the opportunity to object to the disclosure.
4. Your Conduct
4.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not CPOMF, are entirely responsible for all Content that You upload, post or otherwise transmit via the Services. CPOMF can not control all the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, You may be exposed to Content that is offensive, indecent or objectionable.
4.2 While it is not our intent to monitor Your online communications, CPOMF reserves the right to edit or remove content that we become aware of and determine in our sole discretion to be harmful, inappropriate, offensive or otherwise in violation of these Terms. Violation of these restrictions ("Restrictions") may also result in the termination or suspension of your access. These Restrictions apply to all content provided to or through the Services, including email messages, newsgroup postings, chat, and personal or business web pages.
4.3 You agree not to post or store on The California Peace Officers' Memorial Foundation website or any of its affiliated sites any Content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise, in CPOMF's sole discretion, objectionable ("Objectionable"). You agree not to create a link to CPOMF from any Objectionable website or webpage whatsoever. The creation or maintenance of such a link will be cause for CPOMF to seek remedies described herein including injunctive and monetary relief.
4.4 You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the Services any Material that is Objectionable. You agree not to use any CPOMF domain name as a pseudonymous return email address for any communications that You transmit from another location or through another service; and You may not pretend to be someone else3/4or spoof their identity3/4when using the Services. Furthermore, You agree not to transmit unsolicited or bulk communications to any CPOMF account holder or to any The California Peace Officers'Memorial Foundation or affiliated email address (regardless of whether You use the Services to transmit any such communication).
4.5 You agree not to use the Services for any unlawful activities not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm. Additionally, You agree not to use the Services to:
(a) impersonate any person or entity, including, but not limited to, a CPOMF official, My CPOMF member or leader, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to The California Peace Officers' Memorial Foundation website from another accessible page);
(c) upload, post or otherwise transmit any Content that You do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) upload, post or otherwise transmit any material 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;
(e) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in delayed or real time exchanges;
(f) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(g) collect or store personal data about other users;
(h) use Your CPOMF access as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Website webpages.
5. Content Submitted to CPOMF
5.1 CPOMF does not claim ownership of the Content You place on Your My CPOMF Center or any other part of CPOMF.com. By submitting Content to CPOMF for inclusion on a My CPOMF Center or for elsewhere on the Website, You grant CPOMF a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the Content (including in digital form) solely for the purpose of displaying, distributing, and promoting the CPOMF and the Website.
5.2 You acknowledge that CPOMF does not pre-screen Content, but that CPOMF and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Content that is available via the Services. Without limiting the foregoing, CPOMF and its designees may disable, restrict access to or the availability of, any Content that violates the Terms or is otherwise objectionable (in CPOMF's sole discretion). You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
5.3 Unless otherwise explicitly stated, herein, or in CPOMF's Privacy Policy, any Materials provided by You in connection with this Website shall be deemed to be provided on a nonproprietary and nonconfidential basis. CPOMF shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Materials that You submit, and You, not CPOMF, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.
6. Delivery of Email
CPOMF will attempt to deliver all of the email that is addressed to CPOMF's Services. However, sometimes someone who may or may not be a subscriber to CPOMF 's Services may attempt to relay large numbers of email messages, in bulk, off of or through one of our servers. CPOMF reserves the right to discard that bulk relay email because it is an unauthorized use of our equipment. Any email addressed to or in care of CPOMF 's Services that is included in that bulk relay email may not be delivered.
7. Spam Email and Postings
You agree that CPOMF would be irreparably harmed by the use, by You or others, of CPOMF's Services or facilities in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms, and that CPOMF is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). CPOMF reserves the right to block, filter or delete unsolicited email.
8. Indemnity
You agree to indemnify and hold CPOMF, and its members, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand whatsoever, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of the Services, including any use by Your employees (including as described in Section 3.1), Your connection to the Services, Your violation of the Terms, or Your violation of any rights of another.
9. Notices; Modification and Termination of Services
CPOMF may send notices to You via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Services. CPOMF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. CPOMF may make changes to the CPOMF Website, including (without limitation) regarding services, programs, and pricess, at any time without notice CPOMF , in its sole discretion, may terminate Your password (if any), your CPOMF access and use of the Services or use of any other CPOMF service, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if CPOMF believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Services under any provision of the Terms may be effected without prior notice, and CPOMF may immediately de-activate or delete Your information and all related information and files in Your account or on the CPOMF Website and/or bar any further access to such files or the Services. Further, CPOMF will not be liable to You or any third party for any termination, modification, or suspension of the Services.
10. Advertisements and Promotions
CPOMF may run advertisements and promotions from third parties on the Services, The California Peace Officers' Memorial Foundation website and CPOMF's other Internet properties. The manner, mode and extent of advertising by CPOMF is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than CPOMF found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. CPOMF is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-CPOMF advertisers on the Services.
11. Links
11.1 The Services may provide, or third parties may provide, links to other Internet sites or resources. Because CPOMF has no control over such sites and resources, You acknowledge and agree that CPOMF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. CPOMF will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11.2 This Website may be linked to other websites which are not under the control of and are not maintained by CPOMF. CPOMF is not responsible for the content of those sites. CPOMF is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by CPOMF of those sites.
11.3 Reuters content on The California Peace Officers' Memorial Foundation website is the intellectual property of CPOMF. Any copying, republication or redistribution of CPOMF content, including by caching, framing, or similar means, or linking is expressly prohibited without the prior written consent of CPOMF. Data is provided for information purposes only, and is not intended for any other purpose. CPOMF shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. CPOMF, the CPOMF Logo are registered trademarks of the CPOMF.
12. CPOMF Proprietary Rights
12.1 The Services and any software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in third-party advertisements or information presented to You through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by CPOMF or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
12.2 You must not modify, decompile, or reverse engineer any Software CPOMF discloses to You, and must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Software or Information from the Services.
12.3 "CPOMF Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations CPOMF uses in connection with its Services. Customer may refer to Services by the associated CPOMF Trademarks, provided that such reference is truthful and not misleading and complies with the then current CPOMF Trademark and Logo Policies. Customer may not remove or alter any CPOMF Trademarks, nor may it co-logo Products or material associated with Customer's services. Customer acknowledges CPOMF's rights in CPOMF Trademarks and agrees that any and all use of CPOMF Trademarks by Customer shall inure to the sole benefit of CPOMF. Customer agrees not to incorporate any CPOMF Trademarks into Customer's trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
13. Disclaimer of Warranties
13.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION (AS DEFINED IN SECTIONS 1.2 AND 3.1) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY. CPOMF DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CPOMF MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. IN NO EVENT WILL CPOMF OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION FROM CPOMF .
13.2 CPOMF MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
13.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CPOMF OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14. Limitation of Liability
14.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, CPOMF IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF CPOMF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND CPOMF; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
14.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST CPOMF FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
14.3 YOU AGREE TO HOLD CPOMF HARMLESS FROM, AND YOU COVENANT NOT TO SUE CPOMF FOR, ANY CLAIMS BASED ON USING THE WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
15. Intellectual Property Rights
15.1 CPOMF is committed to respecting others' intellectual property rights, and we ask our users to do the same. CPOMF may, in its sole discretion, terminate the access rights of users who infringe or otherwise violate others' intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact us immediately.
15.2 All information, documents, products, software, and services (the "Materials") provided on this Website were provided by or to CPOMF by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of CPOMF and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of CPOMF or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of CPOMF. You also may not, without CPOMF's prior express written permission, "mirror" any Material contained on this Website on any other server.
15.3 Nothing on this Website shall be construed as conferring any license under any of CPOMF's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
15.4 Permission is granted to display, copy, distribute and download CPOMF's Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if You breach any of these terms or conditions. Upon termination, You must immediately destroy any downloaded and printed Materials.
15.5 Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
15.6 Materials provided by Third Party Providers have not been independently authenticated in whole or in part by CPOMF. CPOMF does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by CPOMF.
16. CPOMF's Privacy Policy
CPOMF respects Your desire for privacy. Please see our privacy policy for more information.
17. General Information
17.1 The Terms constitute the entire agreement between You and CPOMF and govern Your use of the Services, superseding any prior agreements between You and CPOMF (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other CPOMF services, third-party content or third-party software. You must not assign or otherwise transfer the Terms nor any right granted hereunder. Sections 4.5, 13, and 14 survive termination of the Terms.
17.2 California law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and CPOMF agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sacramento, California.
17.3 CPOMF controls and operates this Website from its headquarters in California various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If You use this Website from other locations, You are responsible for compliance with applicable local laws, including but not limited to, the export and import regulations of other countries.
17.4 You acknowledge and agree that some Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required.
17.5 This Website could include inaccuracies or typographical errors. CPOMF and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. CPOMF may amend these Terms at any time by posting the amended terms on this site. If you are a registered user of CPOMF .com, CPOMF will notify you of changes to these Terms when you log-in after such changes have been made, thus giving You an opportunity to review the Terms.
17.6 The failure of CPOMF to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
17.7 These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.
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