Welcome to www.ethicsforproscutors.com. The National College
of District Attorneys and its National Center for Prosecution
Ethics provides this resource to you, subject to the following
Terms of Service, which may be updated by us from time to
time without notice to you. By using the www.ethicsforprosecutors.com,
you are agreeing to be bound by, and to comply with, the
Terms of Service. You can review the most current version
of the Terms of Service at any time at:
http://www.ethicsforprosecutors/terms_of_service.html.
The National Center for Prosecution Ethics, through it website
at www.ethicsforprosecutors.com, currently provides users with
access to a compilation of on-line resources relating to ethics
and the law, including articles, links to Internet resources,
and the Members Only Discussion Forum (collectively the "Service").
Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new
www.ethicsforprosecutors.com properties, shall be subject to
the Terms of Service. You understand and agree that the Service
is provided "AS-IS" and that neither the National College
of District Attorneys nor the National Center for Prosecution
Ethics assumes responsibility for the timeliness, deletion, misdelivery
of, or failure to store any user communications or personalization
settings, if any.
In order to use the Service, you must obtain access to the World
Wide Web, either directly or indirectly, and pay any service
fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device.
NEITHER the National College of District Attorneys NOR the National
Center for Prosecution Ethics offers any such access, services,
or equipment, or any related technical support.
The National Center for Prosecution Ethics and ethicsforprosecutors.com
were created for the purpose of assisting and educating prosecutors
about issues related to ethics. For that reason, access to the
Members Only portions of ethicsforprosecutors.com is restricted
to only those persons employed as a prosecutor, either full time
or part-time, who have no connections to or involvement with
the representation of or giving of advice to persons or entities
charged with or suspected of committing crime(s). In order to
join or register for the Members Only portions of the site, you
must print out the registration form on the site, complete it
and fax it to the National Center for Prosecution Ethics or the
National College of District Attorneys; there is a certification
of eligibility on the form which must be signed by the person
seeking registration and an approval section that must be completed
by the elected or appointed prosecutor for whom the person seeking
registration works. If eligibility is verified, the registration
will be approved.
All persons who are approved for registration on the site agree
to immediately notify the National Center for Prosecution Ethics
if their eligibility status changes.
Registration Data, if any, and certain other information about
you is subject to our Privacy Policy. For more information,
please see our full privacy policy at:
http://www.ethicsforprosecutors.com/privacy_policy.html
You understand that all information, data, text, graphics, messages
or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you,
and not the National College of District Attorneys or the National
Center for Prosecution Ethics, are entirely responsible for all
Content that you upload, post, email or otherwise transmit to
or via the Service. NEITHER the National College of District
Attorneys NOR the National Center for Prosecution Ethics controls
the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances
will the National College of District Attorneys or the National
Center for Prosecution Ethics or the Center’s sponsors,
if any, be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise transmitted via
the Service.
You agree to NOT use the Service to:
a. upload, post, email or otherwise transmit any content that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic, indecent, libelous,
invasive of another's privacy or publicity rights, hateful, derogatory
of any racial, ethnic or religious group, or otherwise objectionable
or offensive;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, a representative of either the National College of District
Attorneys or the National Center for Prosecution Ethics, or falsely
state or otherwise misrepresent your affiliation with a person
or entity, or post, upload, email, or otherwise transmit any
other false or misleading information;
d. forge headers or otherwise manipulate identifiers in order
to disguise the origin of any content transmitted to or through
the Service;
e. post, upload, email or otherwise transmit any content
that you do not have a right to transmit under any law or
under contractual
or fiduciary relationships (such as inside information and
confidential information learned or disclosed as part of
employment relationships
or under nondisclosure or “gag” orders);
f. post, upload, email or otherwise transmit any content
that violates or infringes, or otherwise use the Service
to violate
or infringe, any patent, trademark, copyright or other proprietary
rights ("rights") of any party;
g. post, upload, email, or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, junk mail,
spam, ad ware, spy ware, chain letters, pyramid or similar schemes,
or any other form of solicitation;
h. post, upload, email, or otherwise transmit any content that
contains software viruses or any other computer code, files or
programs designed to interrupt, misappropriate, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment, including without limitation overloading, flooding,
mail bombing, spamming, or crashing;
i. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local,
state, national or international law, and any regulations having
the force of law;
k. stalk or otherwise harass another;
l. collect or store personal data about other users;
m. collect or research matters for persons who are not eligible
for membership for this Service;
n. interfere with the security of the Service in any manner,
or attempt to probe, scan, or test the vulnerability of the Service
or any related or connected system or network or to breach security
or authentication measures without proper authorization;
o. attempt to access information, data, or communications not
intended for you or log onto a server or account which you are
not authorized to access; or
p. remove or edit any other person’s information.
You acknowledge that neither the National
College of District Attorneys nor the National Center for Prosecution
Ethics pre-screens
content, but that the National College of District Attorneys
and the National Center for Prosecution Ethics and its designees
shall have the right (but not the obligation) in their sole
discretion to refuse or move any content that is available
via the Service.
Without limiting the foregoing, the National College of District
Attorneys and the National Center for Prosecution Ethics and
its designees shall have the right to remove any content that
violates the Terms of Service or is otherwise objectionable.
You agree that 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. In this
regard,
you acknowledge that you may not rely on any content either
created by the National College of District Attorneys or the
National
Center for Prosecution Ethics or submitted to the National
College of District Attorneys, or the National Center for Prosecution
Ethics, including without limitation information in the Members
Only Discussion Forum and in all other parts of the Service.
You acknowledge and agree that either the National College
of District Attorneys or the National Center for Prosecution
Ethics
may preserve content and may also disclose content if required
to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms of Service; (c) respond to claims
that any content violates the rights of third-parties; (d)
protect the rights, property, or personal safety of the National
College
of District Attorneys, the National Center for Prosecution
Ethics and any sponsors of either the Center or the College;
or (e)
protect the rights, property, or personal safety of the public.
You understand that the technical processing and transmission
of the Service, including your content, may involve (a) transmissions
over various networks and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.
You agree to comply with all local rules regarding online conduct
and acceptable content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United States or the country in which
you reside.
For purposes of the Terms of Service, "publicly accessible
areas of the Service" are those accessible by the general
public. By way of example, a publicly accessible area of the
Service would include the home page but not the Members Only
Discussion Forum.
With respect to content you elect to post for inclusion in
either the publicly accessible areas or other areas of www.ethicsforprosecutors.com,
you grant the National College of District Attorneys, the National
Center for Prosecution Ethics, and/or present and past employees
of either the College or the Center the perpetual, irrevocable,
non-exclusive and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such content (in whole
or part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed.
You agree to defend, indemnify, and hold the National College
of District Attorneys and/or the National Center for Prosecution
Ethics, and their owners, directors, officers, employees, and
agents or other partners, harmless from any claim or demand,
loss, or liability, including reasonable attorneys' fees, made
by any third party due to or arising out of content you submit,
post to or transmit through the Service, your use of the Service,
your violation of the Terms of Service, or your violation of
any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell,
or exploit for any commercial purposes, any portion of the
Service or use of the Service.
You acknowledge that the National College of District Attorneys
and/or the National Center for Prosecution Ethics may establish
general practices and limits concerning use of the Service,
including without limitation the maximum number of days that
discussion board postings or other suggested content will be
retained by the Service, and the maximum number of times (and
the maximum duration for which) you may access the Service
in a given period of time. You agree that neither the National
College of District Attorneys nor the National Center for Prosecution
Ethics have responsibility or liability for the deletion of
or failure to store any messages and other communications or
other content maintained or transmitted by the Service. You
acknowledge that the National College of District Attorneys
and/or the National Center for Prosecution Ethics reserves
the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
The National College of District Attorneys and/or the National
Center for Prosecution Ethics reserves the right at any time
and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without
notice. You agree that neither the National College of District
Attorneys nor the National Center for Prosecution Ethics shall
be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
You agree that the National College of District Attorneys and/or
the National Center for Prosecution Ethics, in its sole discretion,
may terminate your use of the Service and remove and discard
any content within the Service, for any reason, if either the
National College of District Attorneys or the National Center
for Prosecution Ethics believes that you have violated or acted
inconsistently with the letter or spirit of the Terms of Service.
The National College of District Attorneys and/or the National
Center for Prosecution Ethics may also in its sole discretion
and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this Terms
of Service may be effected without prior notice, and acknowledge
and agree that either the National College of District Attorneys
and/or the National Center for Prosecution Ethics may bar any
further access to the Service. Further, you agree that neither
the National College of District Attorneys nor the National
Center for Prosecution Ethics shall be liable to you or any
third-party for any termination of your access to the Service.
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
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 any
such advertiser. You are solely responsible for selecting those
with whom you do business and you do so at your own risk. The
National College of District Attorneys and the National Center
for Prosecution Ethics do not screen, evaluate, or recommend
the advertisers found on the Service, are not affiliated in
any way with these advertisers, and are not responsible for
their services or products. Any complaints with any advertisers
found on the Service should be directed to the advertisers
involved. THE NATIONAL COLLEGE OF DISTRICT ATTORNEYS AND THE
NATIONAL CENTER FOR PROSECUTION ETHICS MAKE NO REPRESENTATIONS
OR WARRANTIES REGARDING THEM, AND EXPRESSLY DISCLAIM ANY WARRANTIES
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSES, OR NONINFRINGEMENT. You agree that neither the National
College of District Attorneys nor the National Center for Prosecution
Ethics shall be 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 any such advertisers on the
Service, as a result of any actions, errors, or omissions of
such advertisers, whether negligent, willful, or accidental.
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because neither
the National College of District Attorneys nor the National
Center for Prosecution Ethics has control over any such sites
and resources, you acknowledge and agree that neither is responsible
for the availability of such external sites or resources, and
neither endorses or is responsible or liable for any content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree
that neither the National College of District Attorneys nor
the National Center for Prosecution Ethics shall 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. You further acknowledge
that neither the National College of District Attorneys nor
the National Center for Prosecution Ethics shall be held responsible
for the accuracy, copyright or trademark compliance, legality,
or decency of material contained in sites listed in www.ethicsforprosecutors.com
listings or search results, or that otherwise provided to the
either the National College of District Attorneys or the National
Center for Prosecution Ethics by third parties.
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except for the display
in a Web browser, or as may be expressly authorized by either
the National College of District Attorneys or the National
Center for Prosecution Ethics or any advertisers, you agree
not to copy, modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software,
in whole or in part. You may not remove any copyright or trademark
notices from any copies of this site. The National College
of District Attorneys and/or the National Center for Prosecution
Ethics grants you a personal, revocable, non-transferable and
non-exclusive license to use the object code of its Software
to use the Service through a Web browser on a single computer;
provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than
through the interface that is provided by either the National
College of District Attorneys or the National Center for Prosecution
Ethics for use in accessing the Service. YOU AGREE NOT TO USE
ANY SOFTWARE PRODUCT OR PROGRAM TO DOWNLOAD ANY PORTION OF
THE SERVICE FOR OFF-LINE DISPLAY. YOU FURTHER AGREE NOT TO
CREATE ANY DIRECT OR INDIRECT LINK TO OR OTHERWISE ACCESS ANY
SEARCH ENGINE FOR WWW.ETHICSFORPROSECUTORS.COM.
By submitting information to the Service, you grant the National
College of District Attorneys and the National Center for Prosecution
Ethics a non-exclusive license to reproduce, use, display,
and distribute the content of your communications without regard
to any copyright, trademark, or other proprietary rights you
may have in such information or communication. You will not
submit any information or communication that is protected by
the copyright, trademark, or other proprietary rights of any
third party. You will not use this site in a manner that infringes
the copyright, trademark, or other proprietary rights of any
third party.
You expressly understand and agree that:
A. YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE NATIONAL COLLEGE OF DISTRICT ATTORNEYS AND THE NATIONAL
CENTER FOR PROSECUTION ETHICS EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. Neither the National College of District Attorneys
nor the National Center for Prosecution Ethics makes any
representations or warranty (vii) that the Service will
meet your requirements, (ii) that the Service will be uninterrupted,
timely, secure, error-free, or free from viruses or other
harmful components, (viii) that the results that may be
obtained from the use of the Service will be accurate or
reliable, (iv) regarding the quality of any products, services,
information, or other material purchased or obtained by
you through the Service, (v) that any errors in the software
will be corrected, (ix) regarding the truthfulness or accuracy
of any information provided on or posted to the Service,
(vi) regarding the truthfulness or accuracy of any information
provided on or posted to the Service, (vi) regarding the
identities of individuals or entities using the Service,
or (vii) regarding the content of any third-party web sites
to which this side may contain links.
C. Any material downloaded or otherwise obtained through the
use of the Service is done at your own discretion and risk
and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download
of any such material.
D. No advice or information, whether oral or written, obtained
by you from either the National College of District Attorneys
or the National Center for Prosecution Ethics or through or
from the Service shall create any warranty not expressly stated
in the Terms of Service.
E. The National College of District Attorneys and the National
Center for Prosecution Ethics do not offer or provide legal
advice. Nothing in the Service nor any materials or information
obtained from the Service shall constitute legal advice and
no attorney-client relationship is created by your use of the
Service in any way.
You expressly understand and agree that neither the National
College of District Attorneys nor the National Center for Prosecution
Ethics shall be liable for any direct, indirect, incidental,
special, consequential, exemplary, or statutory damages, including
but not limited to, damages for loss of profits, goodwill,
use, or data, business interruption, or other tangible or intangible
losses (even if either the National College of District Attorneys
or the National Center for Prosecution Ethics has been advised
of the possibility of such damages), resulting from: (i) the
use of or the inability to use the Service; (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 Service; (iii) unauthorized access to or alteration
of your transmissions or data; (iv) statements or conduct of
any third party on the Service; or (v) any other matter relating
to the Service, or any act, error, or omission of the National
College of District Attorneys or the National Center for Prosecution
Ethics. Your sole remedies for any complaint with the Service
are to inform the National College of District Attorneys or
the National Center for Prosecution Ethics of your complaint
and to terminate use of the Service.
Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental
or consequential damages. Accordingly, some of the above limitations
of sections 16 and 17 may not apply to you. TO THE EXTENT
THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, LIABILITIES
OF THE NATIONAL COLLEGE OF DISTRICT ATTORNEYS OR THE NATIONAL
CENTER FOR PROSECUTION ETHICS TO YOU FOR DAMAGES SHALL BE
LIMITED TO $100.00.
National Center for Prosecution Ethics and www.ethicsforprosecutors.com
are registered service or trade marks of the National College
of District Attorneys. Without the prior written approval of
the National College of District Attorneys, you agree not to
display or use in any manner these service or trade marks.
Use of any password-protected area of the Service is restricted
to the individual authorized, by either the National College
of District Attorneys and/or the National Center for Prosecution
Ethics, to use the password. You are responsible for maintaining
the confidentiality of your password and information. You are
responsible for all uses of your registration and password.
You may not distribute your passwords to others for their use.
The Terms of Service, together with the Privacy Policy,
Disclaimers, and other notices found elsewhere on the Service,
constitute
the entire agreement between you and both the National
College of District Attorneys and the National Center for
Prosecution
Ethics and governs your use of the Service, superseding
any prior agreements between you and either the National
College
of District Attorneys or the National Center for Prosecution
Ethics. The Terms of Service and the relationship between
you and either the National College of District Attorneys
or the
National Center for Prosecution Ethics shall be governed,
interpreted, and enforced under the laws of the State of
South Carolina,
without regard for its choice-of-laws principles. You and
either the National College of District Attorneys or the
National
Center for Prosecution Ethics agree to submit to the personal
and exclusive jurisdiction of the courts located within
Richland County, South Carolina. The failure of either
the National
College of District Attorneys or the National Center for
Prosecution Ethics to exercise or enforce any right or
provision of the
Terms of Service shall not constitute a waiver of such
right or provision or any other rights or provisions. If
any provision
of the Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision to the greatest extent permitted by
law, and the other provisions of the Terms of Service remain
in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause
of action
you allege arising out of or related to use of the Service
or the Terms of Service 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 of Service are for convenience
only and have no legal or contractual effect.
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