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Terms of Use

SA Course Terms of Use National Association for Shoplifting Prevention (Terms of Use ver. 2.0, 07/19/2011) YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CLICK "I DO NOT ACCEPT." The National Association for Shoplifting Prevention (NASP) is the nationwide leader in shoplifting prevention efforts. The services offered by NASP at www.saynotoshoplifting.org, www.sacourseonline.org, www.takeatheftclass.org, www.shopliftingprevention.org, www.naspsecureregistration.org, www.naspcampus.com and all other NASP-owned websites include, but are not limited to the Shoplifters Alternative Course (SA Course), an shoplifting education program for adults, available online - hosted on at naspcampus.com.- or by mail as a home-study kit through the NASP/SA Course and Education Websites . 1. Your Acceptance A. By using and/or visiting this website and/or registering for the SA Course – either online or by mail (collectively, including all content, education programs and functionality available through www.saynotoshoplifting.org, www.sacourseonline.org, www.naspsecureregistration.org, www. naspcampus.com and any/all other NASP-owned websites, the “NASP/SA Course and Education Websites”) you signify your agreement to (1) these terms and conditions (the "Terms of Use “) and (2) the NASP/SA Course and Education Websites copyright and privacy notices, found at www.shopliftingprevnetion.org and incorporated here by reference. If you do not agree to any of these terms or the NASP/SA Course and Education Websites privacy notice, please do not use the NASP/YES Education Program and Websites. B. Subject to your agreement to and continuing compliance with this Terms of Use agreement, you may use the NASP/SA Course and Education Websites , including but not limited to the Shoplifters Alternative Course (SA Course), - whether online or by mail - solely for your own non-commercial educational purposes. You may not use the NASP/SA Course and Education Websites or the programs offered via the Websites (whether online or by mail) for any other purpose. C. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version found at www.shopliftingprevention.org. The National Association for Shoplifting Prevention may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 2. NASP/SA Course and Education Websites A. These Terms of Use apply to all users of the NASP/SA Course and Education Websites. The NASP/SA Course and Education Websites includes all aspects of the NASP/SA Course and Education Websites , including but not limited to all software, files, services and programs offered via the website (whether online or by mail), including but not limited to video, audio, graphic designs, text and applications. B. The NASP/SA Course and Education Websites may contain links to third party websites that are not owned or controlled by the National Association for Shoplifting Prevention. The National Association for Shoplifting Prevention has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the NASP/SA Course and Education Websites , you expressly relieve the National Association for Shoplifting Prevention from any and all liability arising from your use of any third-party website. C. Accordingly, we encourage you to be aware when you leave the NASP/SA Course and Education Websites and to read the terms and conditions, copyright and privacy policy of each other website that you visit. 3. NASP/SA Course and Education Websites - Accounts 1. You may never use another's account or education program without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the National Association for Shoplifting Prevention immediately of any breach of security or unauthorized use of your account. 2. Although the National Association for Shoplifting Prevention will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of National Association for Shoplifting Prevention or others due to such unauthorized use. 4. General Use of the Website—Permissions and Restrictions The National Association for Shoplifting Prevention hereby grants you permission to access and use the NASP/SA Course and Education Websites as set forth in these Terms of Use, provided that: 1. You agree not to copy or distribute in any medium any part of the NASP/SA Course and Education Websites or programs offered therein, including but not limited to the Shoplifters Alternative Course (SA Course), without the prior written authorization of the National Association for Shoplifting Prevention. 2. You agree not to alter or modify any part of the NASP/SA Course and Education Websites , including but not limited to the Shoplifters Alternative Course (SA Course), pop-up player or any of its related technologies. 3. You agree not to access NASP/SA Course and Education Websites content, including but not limited to the Shoplifters Alternative Course (SA Course), through any technology or means other than the through the NASP/SA Course and Education Websites itself, the pop-up player, or other explicitly authorized means the National Association for Shoplifting Prevention may designate. 4. You agree not to use the NASP/SA Course and Education Websites , including but not limited to the Shoplifters Alternative Course (SA Course) – whether accessed online or by mail – for any use by anyone other than yourself and only for your own educational purposes, without the prior written authorization of the National Association for Shoplifting Prevention. Prohibited uses include any of the following actions taken without the express approval of the National Association for Shoplifting Prevention: - Commercial use of, or sale of access to, the NASP/SA Course and Education Websites , its content, its related services or its educational programs, including but not limited to the Shoplifters Alternative Course (SA Course); - use of the NASP/SA Course and Education Websites , its content or its related services, including but not limited to the Shoplifters Alternative Course (SA Course), for the primary purpose of gaining advertising or subscription revenue; - the sale of advertising on the NASP/SA Course and Education Websites website or any third-party website; - and any use of the NASP/SA Course and Education Websites , its content or its related services, including but not limited to the Shoplifters Alternative Course (SA Course), that the National Association for Shoplifting Prevention finds, in its sole discretion, to be use of the NASP/SA Course and Education Websites , including but not limited to the Shoplifters Alternative Course (SA Course), or National Association for Shoplifting Prevention resources with the effect of competing with or displacing the market for National Association for Shoplifting Prevention products, services or content, including but not limited to the NASP/SA Course and Education Websites . 5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the NASP/SA Course and Education Websites in a manner that sends more request messages to the NASP/SA Course and Education Websites servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NASP/SA Course and Education Websites grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The National Association for Shoplifting Prevention reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the NASP/SA Course and Education Websites , nor to use the communication systems provided by the NASP/SA Course and Education Websites for any commercial solicitation purposes. You agree not to solicit, for any purpose whatsoever, any users of the NASP/SA Course and Education Websites . 6. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, the copyright and privacy notice, incorporated herein by reference, and all applicable local, national, and international laws and regulations. 7. The National Association for Shoplifting Prevention reserves the right to discontinue any aspect of the NASP/SA Course and Education Websites at any time. 5. Content on the NASP/SA Course and Education Websites In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the NASP/SA Course and Education Websites. 1. The content on the NASP/SA Course and Education Websites, including without limitation, user accounts, the text, software, scripts, graphics, applets, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the National Association for Shoplifting Prevention, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You may access NASP/SA Course and Education Websites Content only as permitted under this Agreement. The National Association for Shoplifting Prevention reserves all rights not expressly granted in and to the NASP/SA Course and Education Websites Content and the NASP/SA Course and Education Websites – including the SA Course in any form or media.. 2. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the NASP/SA Course and Education Websites for any use other than your own or for any other than educational purposes. 3. You agree not to circumvent, disable or otherwise interfere with security-related features of NASP/SA Course and Education Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the NASP/SA Course and Education Websites or the Content therein. 4. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE NATIONAL ASSOCIATION FOR SHOPLIFTING PREVENTION 6. Account Termination Policy The National Association for Shoplifting Prevention reserves the right to suspend, terminate, modify or delete a User's accounts and/or access to the NASP/SA Course and Education Websites, including but not limited to the Shoplifters Alternative Course (SA Course), at any time for any reason or for no reason, with or without notice to you. 7. Digital Millennium Copyright Act If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; - 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 that site; - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; - Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; - 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, - 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. The National Association for Shoplifting Prevention's designated Copyright Agent to receive notifications of claimed infringement is: Barbara Staib, National Association for Shoplifting Prevention, 225 Broadhollow Road, Suite 400E, Melville, NY 11747. Tel: (800) 848-9595, E-mail: bcstaib@shopliftingprevention.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to National Association for Shoplifting Prevention customer service at 800-848-9595. 8. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE NASP/SA COURSE AND EDUCATION WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NASP/SA COURSE AND EDUCATION WEBSITES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE NATIONAL ASSOCIATION FOR SHOPLIFTING PREVENTION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NATIONAL ASSOCIATION FOR SHOPLIFTING PREVENTION WEBSITE. THE NATIONAL ASSOCIATION FOR SHOPLIFTING PREVENTION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE REPRESENTATED OR OFFERED BY A THIRD PARTY THROUGH THE NATIONAL ASSOCIATION FOR SHOPLIFTING PREVENTION WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER OFFER, AND THE NATIONAL ASSOCIATION FOR SHOPLIFTING PREVENTION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 9. Limitation of Liability IN NO EVENT SHALL THE NATIONAL ASSOCIATION FOR SHOPLIFTING PREVENTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NASP/SA COURSE AND EDUCATION WEBSITES , WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NASP/SA COURSE AND EDUCATION WEBSITES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The NASP/SA Course and Education Websites are controlled and offered by the National Association for Shoplifting Prevention from its facilities in the United States of America. The National Association for Shoplifting Prevention makes no representations that the NASP/SA Course and Education Websites are appropriate or available for use in other locations. Those who access or use the NASP/SA Course and Education Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law. 10. Indemnity You agree to defend, indemnify and hold harmless the National Association for Shoplifting Prevention, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the NASP/SA Course and Education Websites , including but not limited to the Shoplifters Alternative Course (SA Course); (ii) your violation of any term of these Terms of Use, the Copyright Notice or the Privacy Notice, herein incorporated by reference; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the NASP/SA Course and Education Websites, including but not limited to the Shoplifters Alternative Course (SA Course). 11. Ability to Accept Terms of Use You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. 12. Assignment These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the National Association for Shoplifting Prevention without restriction. 13. General You agree that: (i) the NASP/SA Course and Education Websites and any other websites operated or controlled by the National Association for Shoplifting Prevention, shall be deemed solely based in New York; and (ii) the NASP/SA Course and Education Websites shall be deemed a passive website that does not give rise to personal jurisdiction over NASP/SA Course and Education Websites , either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and the National Association for Shoplifting Prevention that arises in whole or in part from your use of the NASP/SA Course and Education Websites shall be decided exclusively by a court of competent jurisdiction located in Nassau County, New York. These Terms of Use, together with the Copyright and Privacy Notices found at www.shopliftingprevention.org and any other legal notices published by the National Association for Shoplifting Prevention on the NASP/SA Course and Education Websites , shall constitute the entire agreement between you and the National Association for Shoplifting Prevention concerning the NASP/SA Course and Education Websites . If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the National Association for Shoplifting Prevention’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The National Association for Shoplifting Prevention reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the NASP/SA Course and Education Websites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION YOU BRING ARISING OUT OF OR RELATED TO THE NASP CAMPUS WEBSITE, INCLUDING BUT NOT LIMITED TO THE SHOPLIFTERS ALTERNATIVE COURSE (SA COURSE) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.