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Sacramento Police Department

Friday, August 22, 2014

Terms of Use for SacPD.org

Acceptance of Terms

The Sacramento Police Department Web Site, http://www.sacpd.org, (the "Site") is an online information service provided by the Sacramento Police Department (the "Department"). It is created and designed for the purpose of communicating general information to users of the Internet by electronic means. The Sacramento Police Department Web Site should not be relied upon for emergency services and is in no way designed to serve as an alternative to the emergency services provided by 911 telephone service.If you have an emergency, or wish to convey important time-sensitive crime information, communicate this information to the Sacramento Police Department by 911 emergency telephone service.

Permission to access, browse and use this Site is subject to your agreement to, and compliance with, the terms and conditions set forth below. In order to use this Site, you must confirm your agreement to comply with such terms and conditions where indicated below.

If you do not agree to the terms and conditions set forth below, you may not access or use this Site.

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Restrictions on Use

All material published on the Site, including text, graphics, logos, button icons, databases and images, is the exclusive property of the Department and is protected by copyright laws. The collection, arrangement and assembly of all materials on the Site is the exclusive property of the Department and is protected by copyright laws. Except as specifically permitted herein, no portion of the materials on the Site may be reproduced, modified, distributed, transmitted, republished, displayed, or performed in any form, or by any means, without prior written permission from the Department.

The Sacramento Police Department shield and patch are trademarks of the Department. Department trademarks may not be used in connection with any product or service that is not associated with the City of Sacramento ("City") or the Department, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits the City or the Department. Other products or names mentioned herein may be trademarks of their respective owners.

The Department hereby authorizes you to download or copy any downloadable materials displayed on the Site for informational and noncommercial or personal use only, provided that (i) all copyright, trademark and other notices contained in such material appears in all copies, (ii) you agree to abide by all additional copyright notices, information or restrictions contained in any material accessed through the Site, and (iii) no modifications of any documents are made.

You shall not restrict or inhibit any other user from using and enjoying any service provided by this Site, nor shall you upload, transmit, distribute or otherwise publish on the Site (i) any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, or indecent materials; (ii) any materials which infringe another's intellectual property or privacy rights; (iii) any advertisement or solicitation of funds, goods or services; or (iv) any materials containing a virus or other harmful component.

While the Department has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, the Department and its agents may monitor and audit the usage of this system. Your consent to these Terms and Conditions indicates your consent to such monitoring and auditing. The Department reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such messages, information or files which the Department, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions.

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Links To Third Party Web Sites

The information provided on this Site, and links to other Web sites, are provided as a courtesy to visitors of the Site only, and are in no manner an endorsement, recommendation or approval of any person, any product, any service, or any information contained on any other Web site. The linked sites are not under the control of the Department and the Department is not responsible for the contents of any linked site, or any changes or updates to such sites.

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Disclaimer

The Department is neither responsible nor liable for any viruses or other contamination of your system arising out of your use of the Site. The Department does not warrant that access to the Site will be uninterrupted or that any material posted on the Site is free from errors, inaccuracies or omissions.

The Department does NOT guarantee the reliability or confidentiality of any communications made through the Site. The internet should not be used to transmit any sensitive or confidential information to the Department as such information may be intercepted by others. Given the unreliable nature of Internet communications, information transmitted to the Department via electronic means may not be received at all, may not be received or reviewed in a timely manner, or may be received by the wrong party.

The Department operates this Site from its offices in Sacramento, California, United States of America, and makes no representations that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations.

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE DEPARTMENT WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES THAT MAY ARISE OUT OF, OR IN CONNECTION WITH, THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS CONTAINED ON THE SITE WHETHER THE MATERIAL IS PROVIDED BY THE DEPARTMENT, OR A THIRD PARTY, EVEN IF THE DEPARTMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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No Legal Notice

Communications made through this Site's e-mail links shall in no way be deemed to constitute legal notice to the City or the Department, or any of their agencies, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against the City, the Department, or any of their agencies, officers, employees, agents, or representatives, where notice to the City or Department is required by any federal, state or local laws, rules, or regulations, including, but not limited to, the California Tort Claims Act (Gov. Code § 810 et seq.)

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Enforcement of Agreement

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any litigation arising out of or connected with this Agreement or this Site shall be instituted and maintained in either the state or federal courts in Sacramento County, California. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

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Release

You agree to release, discharge, waive and relinquish the Department and the City of Sacramento and any of their respective employees, officers or agents from any and all claims, demands and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use or access of the Site, even though that claim may arise out of carelessness or negligence. You further understand and agree that this release, discharge, waiver, and assumption of risk is to be binding on your heirs, executors, administrators and assigns. You also waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.You agree to release, discharge, waive and relinquish the Department and the City of Sacramento and any of their respective employees, officers or agents from any and all claims, demands and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use or access of the Site, even though that claim may arise out of carelessness or negligence. You further understand and agree that this release, discharge, waiver, and assumption of risk is to be binding on your heirs, executors, administrators and assigns. You also waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

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Indemnification

You shall fully indemnify and save harmless, the City, the Department, their officers and employees, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by the City's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "liabilities"), to which any or all of them may be subjected, as a result of any act or omission by you in connection with your use or access of this Site, whether or not such liabilities are litigated, settled or reduced to judgment.

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Obligation to Defend

You shall, upon the City's request, defend at your sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges liabilities resulting directly or indirectly from any act or omission by you, in connection with your use or access of this Site, whether such action, claim, suit, cause of action or portion thereof is well founded or not.

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Severability

If any portion of these Terms and Conditions or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

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