GRANT OF LICENSE; ACCEPTANCE OF TERMS
Subject to the following Terms and Conditions of Use (“Terms and Conditions”), the Twin Cities Organized Retail Crime Association (“TCORCA”) grants you a limited, revocable and non-exclusive license to access and use an electronic database (“Database”) consisting of information of the type that is generated and maintained by law enforcement agencies and retail entities in the normal and ordinary course of their respective businesses and which specifically relates to the commission, investigation, detection and prosecution of retail crime (“Information”). Your use of the Information contained in the Database is for law enforcement purposes only and any unauthorized release, copying, distribution or posting for any non-law enforcement use of any of the Information contained in the Database will result in the termination of your access and may expose you or others to legal liability.
By accessing the Database, you agree to comply with the Terms and Conditions. Should you object to any of the Terms and Conditions, or become dissatisfied with the Database in any way, your only recourse is to immediately discontinue access to the Database. Except to the extent provided below, these Terms and Conditions shall terminate when your access to the Database is terminated.
TCORCA reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time, effective immediately upon your notification thereof.
RESPONSIBILITY FOR INFORMATION
You understand that all of the individual items that make up the Information contained in the Database are the sole responsibility of the person from whom such Information originated. More specifically, you are entirely responsible for each individual item of Information that you post to the Database or otherwise make available via the Database. You understand that the SAO does not control, and is not responsible for Information made available through the Database. You agree that you must evaluate, and bear all risks associated with, the use of any Information, including any decisions you make based on such Information and actions based on such decisions; that you may not rely on said Information; and that under no circumstances will TCORCA be liable in any way for any Information or for any loss or damage of any kind incurred as a result of the use of any Information posted or otherwise made available via the Database. You acknowledge that TCORCA does not pre-screen or approve Information, but that TCORCA shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Information that is available via the Database, for violating the letter or spirit of the Terms and Conditions.
DISCLOSURE OF INFORMATION
TCORCA shall use its best efforts to maintain the confidentiality of the Information at all times. Nevertheless, you acknowledge and agree that TCORCA may, in its sole discretion, preserve for itself or disclose to third parties Information, including the identity of the author or publisher of such information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process or to protect the legal rights of TCORCA and/or the general public. Your decision to post Information to the database should be weighed against the possibility that Information and its authorship may be preserved or disclosed as above.
Access to the Database shall be obtained through an Internet site. You are responsible for obtaining and maintaining your access to the Internet for purposes of accessing the Database and are further responsible for any costs and expenses associated therewith, including equipment, services and communications costs you may incur for that purpose. You are responsible for maintaining adequate security controls to prevent unauthorized access to the Database.
TCORCA will provide you with a password for Database access. The password may not be shared with any other individual. When the individual to whom you have assigned the password is no longer employed by you, or if for any reason you wish to discontinue your access to the Database, you must immediately notify TCORCA so that the password can be invalidated. You acknowledge and agree that TCORCA may conduct a background check on any individual you designate to receive a password and that TCORCA may deny access to the database to any person based upon the results of such background check.
LIMITATIONS, SUSPENSION AND TERMINATION OF ACCESS
You acknowledge that TCORCA may establish limits concerning use of the Database, including the maximum number of days that Information will be retained therein, the maximum number and size of postings or other items of Information that may be transmitted to or stored by the Database, and the frequency with which you may access the Database. You agree that TCORCA has no responsibility or liability for the deletion or failure to store any Information maintained or transmitted by the Database. You acknowledge that TCORCA reserves the right at any time to modify or discontinue the Database (or any part thereof) with or without notice for any reason and that TCORCA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Database.
You agree that TCORCA, in its sole discretion, has the right to terminate your access to or use of the Database, immediately and without notice, and remove and discard any Information you have posted within the Database, if TCORCA believes that you have acted inconsistently with the letter or spirit of these Terms and Conditions. Further, you agree that TCORCA shall not be liable to you or any third-party for any termination of your access to the Database. Further, you agree not to attempt to use the Database after said termination. Sections 3,5,6,7 and 8 shall survive termination of these Terms and Conditions.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE DATABASE IS ENTIRELY AT YOUR OWN RISK. THE DATABASE AND INFORMATION ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY AND ALL IMPLIED WARRANTIES, WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.
TCORCA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DATABASE AND THE RELIABILITY AND ACCURACY OF THE INFORMATION. TCORCA FURTHER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DATABASE OR THE INTERNET SITE THROUGH WHICH IS ACCESSED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TCORCA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TCORCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE DATABASE OR THE INFORMATION, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE DATABASE OR THE INFORMATION, FROM INABILITY TO USE THE DATABASE OR THE INFORMATION, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DATABASE OR THE INFORMATION.
You agree to indemnify and hold TCORCA, its officers, employees and agents, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Information you submit, post or make available through the Database, your use of the Database or your violation of these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between you and TCORCA and govern your access to and use of the Database. The Terms and Conditions and the relationship between you and TCORCA shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. The failure of TCORCA to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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, and the other provisions of the Terms and Conditions remain in full force and effect.
I understand the above stated guidelines and will abide by them. I understand that information on the website can be removed at the webmasters discretion at any time. I also understand and agree that failure on my behalf to abide by the information above will be grounds for dismissal from further participation in the program.