Active Continuous Training
Improving Performance at the Point of Decision
(doing business as Constantine & Aborn Advisory Services)
By using this Website, you signify your assent to these Terms and Conditions of Use (“Terms”). If you do not agree to CAAS LLC’s (“CAAS”) Terms for using this Website and the Active Continuous Training (“ACT”) products and services, please do not use the Website and/or ACT. As used herein, “ACT” and “ACT products and services” includes this Website, films, interactive films, lesson plans, presentations, reference materials, instruction, and any other product or service offered by CAAS in conjunction with the foregoing. CAAS reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for such changes. Your continued use of the Website following the posting of such changes to these Terms will mean you accept those changes.
If you register as an authorized user of this Website, you will be assigned a username and password that are unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You are the only person authorized to log in to the Website and access ACT using your username and password. You agree to notify CAAS of any unauthorized use of your username and password or any other breach of security on your account of which you are aware, at info@caasny.com.
When you register, or an employer registers you, as an authorized user, we ask for information such as your full name, e-mail address, username, and password. CAAS uses collected information for the following general purposes: products and services provision, identification and authentication, services improvement, contact, and research.
CAAS may disclose personally identifiable information under special circumstances, such as to comply with legal requirements or when your actions violate these Terms.
CAAS makes ACT available to its customers and authorized users pursuant to the terms and conditions of a separate License Agreement (“License Agreement”). Access to this Website and authorization to use ACT are subject to the terms and conditions of such License Agreement. In the event of a conflict between these Terms and the terms and conditions of such License Agreement, the terms and conditions of such License Agreement are controlling.
ACT training modules can be downloaded and used subject to the terms and conditions of the License Agreement. Unless otherwise noted, all other materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the Website (collectively, the "Content") are protected by copyright and owned, controlled or licensed by CAAS, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Website.
No Content from the Website may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non- commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from CAAS, or the copyright holder identified in the copyright notice contained in the Content.
If you wish to build a hyperlink to the Website, you may do so provided you agree to cease such link upon request from CAAS. No other use is permitted without prior written permission of CAAS.
Use of any robot, spider, other automatic device, or manual process to monitor or copy any pages of the Website or the Content is strictly forbidden.
Modification of the Content or use of the Content for any unauthorized purpose is a violation of CAAS’ copyright and other proprietary rights. For purposes of these Terms, the use of any Content on any other website or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to CAAS.
Third Party Communications. As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Website. CAAS disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications.
Third Party Content. As used herein, “Third Party Content” includes articles, images, illustrations, designs, icons, photographs, videos, audio files, and all other materials that are provided or produced by a party other than CAAS. Third Party Content may appear on this Website or may be accessible via links from this Website. CAAS shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements, omissions, or falsehoods, in the statements, opinions, representations or any other form of content contained in any Third Party Content appearing on this Website. You understand that the information and opinions in the Third Party Content are not necessarily endorsed by or do not necessarily reflect the belief or opinion of CAAS.
The Website, ACT, and other Content contained on the Website have been prepared and are offered by CAAS as a service to its customers and authorized users and are not intended to constitute legal advice on the laws of any particular jurisdiction or the legal guidelines, policy measures, or tactical law enforcement practices of any particular agency, entity or user. CAAS has used reasonable efforts in collecting, preparing and providing quality information and material based on best practices in law enforcement, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to
the Website. Users are reminded to follow applicable laws, policies and procedures. Users of information from the Website, ACT, and other Content contained on the Website do so at their own risk.
Any reference made by the Website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by CAAS. Content on the Website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of CAAS.
To the extent that the Website contains links to outside organizations, CAAS does not control the availability and content of those outside organizations, or the services and resources of those outside organizations. Any concerns regarding any such organization or any such service or resource of such outside organization, or any link thereto, should be directed to the particular organization.
You may link to any page of this Website subject to the following conditions: (i) you do not replicate a page or pages of this Website, (ii) you do not create a frame or any other browser or border environment around the website, (iii) you only link to freely available Content (and not link to Content that is only available to authorized users with a username and password), (iv) you do not in any way imply any endorsement by CAAS, other than with CAAS’ written consent, (v) you do not use logos or trademarks displayed on the Website without CAAS’ written consent, and (vi) the linking website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
Your right to use this Website and ACT is not transferable. Any password or right given to you to obtain information is not transferable.
You agree to indemnify, defend and hold CAAS harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of these Terms.
THE CONTENT IN THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAAS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE CONTENT WILL BE UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAAS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CAAS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF CAAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CAAS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
All users, including those users who access the Website from a country other than the U.S., agree that the laws of the State of New York shall govern any dispute with respect to these Terms or your use of ACT and the Website. These Terms shall be governed by and construed in accordance with the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Website and/or ACT must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by CAAS.
To the extent that anything in or associated with the Website and/or ACT is in conflict or inconsistent with these Terms, these Terms shall take precedence. CAAS’ failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Unless otherwise terminated subject to the terms and conditions of an applicable License Agreement, these Terms are effective until terminated by either party. You may terminate these Terms at any time by destroying all downloads of ACT training modules and all copies and installations thereof, whether made under these Terms or otherwise. The privileges granted to you by these Terms, including the maintenance of a member account, will terminate immediately without notice from CAAS if, in CAAS’ sole discretion, you fail to comply with any provision of these Terms. Upon termination, you must destroy all downloads of ACT training modules
and all copies and installations thereof, whether made under these Terms or otherwise. CAAS may take such further action as CAAS determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and CAAS shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from CAAS’ exercise of its rights under these Terms.
LAST UPDATED: March, 2013