Y.E.S. Program Terms of Use

National Association for Shoplifting Prevention (Terms of Use ver. 4, 06/19/2013)

 

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT ("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.Y.E.S.programonline.org, www.takeatheftclass.org, www.shopliftingprevention.org, www.naspsecureregistration.org, www.naspcampus.com, shopliftingtheftclass.org, shoplifting-class.com, and all other NASP-owned websites include, but are not limited to the Youth Educational Shoplifting Program (“Y.E.S. Program”), a shoplifting education program for juveniles, available online or by mail as a home-study kit through the NASP/Y.E.S. Program Education Websites.

1. Your Acceptance

  1. By using and/or visiting this website and/or registering for the Y.E.S. Program – either online or by mail (collectively, including all content, education programs and functionality available through www.saynotoshoplifting.org, www.yesprogramonline.org, www.takeatheftclass.org, www.naspcampus.com www.shopliftingprevention.org, www.naspsecureregistration.org, and any/all other NASP-owned websites, the “NASP/Y.E.S. Program Education Websites”) you signify your agreement to (1) these terms and conditions (the "Terms of Use “) and (2) the NASP/Y.E.S. Education Program Websites Copyright and Trademark Notice (“Copyright and Trademark Notice”), Website Privacy and Confidentiality Policy Statement (“Policy Statement”), and the Conditions of Use, found at www.shopliftingprevention.org and incorporated here by reference. If you do not agree to any of these terms, please do not use the NASP/Y.E.S. Program Education Websites.
  2. Subject to your agreement to and continuing compliance with the Terms of Use agreement, you may use the NASP/Y.E.S. Program Education Websites, including but not limited to the Y.E.S. Program, solely for your own non-commercial educational purposes. You may not use the NASP/Y.E.S. Program Education Websites or the Y.E.S. Program (whether online or by mail with a home-study kit) for any other purpose.
  3. 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.yesprogramonline.org. NASP 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/Y.E.S. Program Education Websites

  1. These Terms of Use apply to all users of the NASP/Y.E.S. Program Education Websites. The NASP/Y.E.S. Program Education Websites include all aspects of the NASP/Y.E.S. Program Education Websites, including but not limited to all software, files, services and programs offered via the NASP/Y.E.S. Program Education Websites, including but not limited to video, audio, graphic designs, text and applications.
  2. The NASP/Y.E.S. Program Education Websites may contain links to third party websites that are not owned or controlled by NASP.  NASP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the NASP/Y.E.S. Program Education Websites, you expressly relieve NASP from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the NASP/Y.E.S. Program Education Websites and to read the terms and conditions and privacy policy of each other website that you visit.

3. NASP/Y.E.S. Program Education Websites - Accounts

  1. The Y.E.S. Program that you have signed up for is for your personal use only.  You may never use another's account or education program without the express written permission of NASP. When creating your account and registering for your education program, you must provide accurate and complete information.
  2. Once you have registered for the Y.E.S. Program Online, you will be solely responsible for the activity that occurs on your account, and you must keep your account ID and password secure. You must notify NASP immediately of any breach of security or unauthorized use of your account. 
  3. Once you have registered for a home-study kit by mail, you must keep your home-study kit for ongoing reinforcement or return it to NASP.  You may not share your home-study kit with any other person without the express written permission of NASP. 
  4. Although NASP will not be liable for your losses caused by any unauthorized use of your online account or home-study kit, you may be liable for the losses of NASP 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/Y.E.S. Program Education Websites as set forth in these Terms of Use, provided that:

  1. You agree not to distribute in any medium any part of the NASP/Y.E.S. Program Education Websites, including but not limited to any part of the Y.E.S. Program, without the prior written authorization of NASP.
  2. You agree not to alter or modify any part of the NASP/Y.E.S. Program Education Websites, including but not limited to the Y.E.S. Program, pop-up player or any of its related technologies.
  3. You agree not to access NASP/Y.E.S. Program Education Websites content, including but not limited to the Y.E.S. Program, through any technology or means other than the NASP/Y.E.S. Program Education Websites, the pop-up player, or other explicitly authorized means that NASP may designate.
  4. You agree not to use the NASP/Y.E.S. Program Education Websites, including but not limited to the Y.E.S. Program, for any use by anyone other than yourself and only for your own, non-commercial educational purposes, without the prior written authorization of NASP. Prohibited uses include any of the following actions taken without the express written approval of NASP:       
  1. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the NASP/Y.E.S. Program Education Websites in a manner that sends more request messages to the NASP/Y.E.S. Program 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 grants the operators of public search engines permission to use spiders to copy materials from the NASP/Y.E.S. Program Education Websites 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. NASP reserves the right to revoke these exceptions either generally or in specific cases.
  2. You agree not to collect or harvest any personally identifiable information, including account names, from the NASP/Y.E.S. Program Education Websites, nor to use the communication systems provided by the NASP/Y.E.S. Program Education Websites for any commercial solicitation purposes. You agree not to solicit, for any purpose whatsoever, any users of the NASP/Y.E.S. Program Education Websites. 
  3. In your use of the NASP/Y.E.S. Program Education Websites, you will otherwise comply with the terms and conditions of these Terms of Use, the Copyright and Trademark Notice, Policy Statement and Conditions of Use, incorporated herein by reference, and all applicable local, national, and international laws and regulations.
  4. NASP reserves the right to discontinue any aspect of the NASP/Y.E.S. Program Education Websites at any time.

 

 

5. Content on the NASP/Y.E.S. Program Education Websites

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the NASP/Y.E.S. Program Education Websites.

  1. The content on the NASP/Y.E.S. Program 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 NASP/Y.E.S. Program Education Websites 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. NASP reserves all rights not expressly granted in the NASP/Y.E.S. Program Education Websites and the Content.
  2. You may access NASP/Y.E.S. Program Education Websites Content only as permitted under this Agreement. NASP reserves all rights not expressly granted in and to the Content and the NASP/Y.E.S. Program Education Websites.
  3. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the NASP/Y.E.S. Program Education Websites for any use other than your own or for any other than educational purposes. 
  4. You agree not to circumvent, disable or otherwise interfere with security-related features of NASP/Y.E.S. Program Education Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the NASP/Y.E.S. Program Education Websites or the Content therein.
  5. 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

 

NASP reserves the right to suspend, terminate, modify or delete a user's accounts and/or access to the NASP/Y.E.S. Program Education Websites, including but not limited to the Y.E.S. Program, 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 NASP with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

All notifications of claimed copyright infringement should be sent in writing to: National Association for Shoplifting Prevention, 225 Broadhollow Road, Suite 400E, Melville, NY 11747.  For clarity, only DMCA notices should be mailed to NASP; any other feedback, comments, requests for technical support, and other communications should be directed to NASP customer service at 800-848-9595.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE NASP/Y.E.S. PROGRAM EDUCATION WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE NATIONAL ASSOCIATION FOR SHOPLIFTING PREVENTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE NASP/Y.E.S. PROGRAM EDUCATION WEBSITES 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 THE NASP/Y.E.S. PROGRAM EDUCATION WEBSITES, (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 NASP/Y.E.S. PROGRAM EDUCATION WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE NASP/Y.E.S. PROGRAM EDUCATION WEBSITES 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 NASP/Y.E.S. PROGRAM EDUCATION WEBSITES.

NASP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NASP/Y.E.S. PROGRAM EDUCATION WEBSITES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NASP 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.

NASP DOES NOT WARRANT, GUARANTEE OR IMPLY THAT USE OF THE NASP/Y.E.S. PROGRAM EDUCATION WEBSITES, INCLUDING BUT NOT LIMITED TO THE Y.E.S. PROGRAM WILL RESULT IN ANY SPECIFIC OUTCOMES OF YOUR PENDING OR CURRENT COURT CASE, AND NASP MAKES NO PROMISES OF A REDUCED SENTENCE OR DISMISSAL OF YOUR CASE AS A RESULT OF COMPLETING THE Y.E.S. PROGRAM.   IF YOU CHOOSE TO ENROLL IN THE Y.E.S. PROGRAM, YOU AGREE THAT YOU ARE DOING SO ON YOUR OWN FOR YOUR OWN EDUCATIONAL BENEFIT OR BECAUSE YOU WERE ORDERED BY A COURT, PROBATION DEPARTMENT, POLICE DEPARTMENT, PROSECUTOR’S OFFICE, RETAILER, MILITARY BASE OR MENTAL HEALTH AGENCY, AND YOU UNDERSTAND THAT COMPLETING THE PROGRAM MAY HAVE NO EFFECT ON THE DISPOSITION OF YOUR COURT CASE.

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 THE NASP/Y.E.S. PROGRAM EDUCATION WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF NASP’S 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 THE NASP/Y.E.S. PROGRAM EDUCATION WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE NASP/Y.E.S. PROGRAM EDUCATION WEBSITES 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/Y.E.S. PROGRAM 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/Y.E.S. PROGRAM 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/Y.E.S. Program Education Websites are controlled and offered by the National Association for Shoplifting Prevention from its facilities in the United States of America. NASP makes no representations that the NASP/Y.E.S. Program Education Websites are appropriate or available for use in other locations. Those who access or use the NASP/Y.E.S. Program 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/Y.E.S. Program Education Websites, including but not limited to the Y.E.S. Program; (ii) your violation of any term of this Agreement or the Copyright and Trademark Notice, Policy Statement or Conditions of Use, 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 this Agreement and your use of the NASP/Y.E.S. Program Education Websites, including but not limited to the Y.E.S. Program.

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 this Agreement, and to abide by and comply with these Terms of Use.

12. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NASP to any other party without restriction.

13. General

 

You agree that: (i) the NASP/Y.E.S. Program Education Websites and any other websites operated or controlled by NASP, shall be deemed solely based in New York; and (ii) the NASP/Y.E.S. Program Education Websites shall be deemed passive websites that do not give rise to personal jurisdiction over NASP or the NASP/Y.E.S. Program Education Websites, either specific or general, in jurisdictions other than New York. This Agreement 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/Y.E.S. Program Education Websites shall be decided exclusively by a court of competent jurisdiction located in Suffolk County, New York. These Terms of Use, together with the Copyright and Trademark Notice, the Policy Statement and Conditions of Use found at www.shopliftingprevention.org and any other legal notices published by NASP on the NASP/Y.E.S. Program Education Websites, shall constitute the entire agreement between you and NASP concerning the NASP/Y.E.S. Program Education Websites. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and NASP’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. NASP reserves the right to amend this Agreement and these Terms of Use at any time and without notice, and it is your responsibility to review this Agreement and these Terms of Use for any changes. Your use of the NASP/Y.E.S. Program Education Websites following any amendment of this Agreement or 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/Y.E.S. PROGRAM EDUCATION WEBSITES, INCLUDING BUT NOT LIMITED TO THE YOUTH EDUCATIONAL SHOPLIFTING PROGRAM (Y.E.S. PROGRAM) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.