Terms Of Service
Welcome to the Lexipol network. By registering on this website owned and operated by Lexipol, you are gaining access to Lexipol’s network of websites and agree to receive services from Lexipol subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. In addition, when using particular Lexipol services, you shall be subject to any posted guidelines applicable to such services. All such guidelines are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICE
Lexipol currently provides users with access to a rich collection of online resources, including various communications tools, online forums, services, personalized content and branded programming. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Lexipol properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Lexipol assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Lexipol has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lexipol has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lexipol has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Any information we receive in order to verify a user's military, police, or other professional status, once reviewed, will be deleted from our system. We do not aggregate or hold on to any private service documentation provided by users as part of the verification status.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Lexipol of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Lexipol cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
INDIVIDUAL USER SUBSCRIPTION AGREEMENT FOR PAID INDIVIDUAL SUBSCRIBERS
By purchasing an individual subscription on this website owned and operated by Lexipol, you are gaining access to Lexipol's network of websites and platforms (including but not limited to Corrections1 Academy, EMS1 Academy, FireRescue1 Academy, LocalGov Academy and PoliceOne Academy), agree to receive services from Lexipol subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. In addition, when using particular Lexipol services, you shall be subject to any posted guidelines applicable to such services. All such guidelines are hereby incorporated by reference into the TOS.
The initial term of this Agreement shall be a set duration of months or years (the "Initial Term"), selected by the Individual User during purchase, commencing on the date of purchase.
During the Term, subject to the terms and conditions of this Agreement, and solely for your personal purposes, Lexipol grants you a right to access and use our Services for the Individual Subscription purchased, and support, if applicable, in accordance with the plan you selected.
At the expiration of the Initial Term, this Agreement will automatically renew for a successive period of months or years ( each a "Renewal Term" and collectively with the Initial Term the "Term") equal in duration to the Initial Term originally selected by the Individual User, unless the Individual User provides Lexipol with notice of its intent not to renew this Agreement or unsubscribes online prior to the expiration of the then current term.
For paid Services purchased online ("Online Services"), you must provide Lexipol with a valid credit card to pay for such services. Provided credit card will be charged with the amount depending on the contract plan selected. You agree that Lexipol has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Lexipol retains in the future) your submitted payment information in order to process your purchase. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Lexipol does not support all payment methods, currencies, or locations for payment.
There is no cancellation during the Initial Term nor during the Renewal Term. Contract will be up for optional renewal at the end of the Initial Term agreement selected by the Individual User or the current Renewal Term, at which point the subsequent Renewal Term is again a subscription of duration equal to the Initial Term with no cancellation.
Client agrees to pay for all costs of collection, including but not limited to, reasonable attorney fees and other fees made necessary by nonpayment. Publisher reserves the right to suspend all services until payment is received in full and may terminate this agreement at their discretion if Client fails to comply with the terms agreement. Accounts over 28 days past due shall be charged a twenty-five dollar ($25.00) late fee and one and one- half percent (1.5%) monthly service charge on the unpaid balance thereafter.
Passwords for accessing an Individual Subscription, content and videos can be used by the subscribed individual only during the term of the agreement. Sharing login access to any Lexipol network website or platform or any downloaded or stored video content with other personnel/departments is expressly prohibited. Any violation of this policy will result in revocation of Academy access.
Lexipol content and videos (including all aforementioned network websites and platforms) contained herein serve as examples of best practices and should not in any way replace, interfere, or override individual agency or company protocol, tactics or policies. Content is provided on an "as is, as available" basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non- infringement of third parties' rights are specifically disclaimed. Although Lexipol has made best efforts to provide accurate training information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no liability for errors or omissions therein.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Lexipol, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Lexipol does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Lexipol be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the Service.
You agree to not use the Service to:
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Lexipol official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "Stalk" or otherwise harass another; or
- Collect or store personal data about other users.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED TO LEXIPOL
Lexipol does not own Content you submit, unless we specifically tell you otherwise before you submit it. You license the Content to Lexipol as set forth below for the purpose of displaying and distributing such Content on our network of properties and for the promotion and marketing of our services. By submitting Content to any Lexipol property, you automatically grant, or warrant that the owner of such Content has expressly granted Lexipol the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge that Lexipol does not pre-screen Content, but that Lexipol and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is publicly available via the Service. Without limiting the foregoing, Lexipol and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Lexipol or submitted to Lexipol, including without limitation information in Message Boards, News, and in all other parts of the Service.
You agree to indemnify and hold Lexipol, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Re-posting any content from any Lexipol website is strictly prohibited without written permission.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Lexipol may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Lexipol's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Lexipol has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Lexipol reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Lexipol reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Lexipol reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Lexipol shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Lexipol, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Lexipol believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Lexipol may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Lexipol may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Lexipol shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Lexipol shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Lexipol has no control over such sites and resources, you acknowledge and agree that Lexipol is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lexipol shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
LEXIPOL'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Lexipol or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Lexipol grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Lexipol for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEXIPOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LEXIPOL MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEXIPOL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEXIPOL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEXIPOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Lexipol shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Lexipol, the Lexipol logo, trademarks and service marks, and other Lexipol logos and product and service names are trademarks of Lexipol Inc. (the "Lexipol Marks"). Without Lexipol 's prior permission, you agree not to display or use in any manner, the Lexipol Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
Lexipol respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lexipol's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The TOS constitute the entire agreement between you and Lexipol and govern your use of the Service, superceding any prior agreements between you and Lexipol. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Lexipol shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Lexipol agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Lexipol to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to our Customer Care group via the customer support links on our website.
Tell a Friend
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. This feature is available with EMS1 articles, tips and videos throughout EMS1.com and https://BLUtube.EMS1.com/. We will automatically send your friend a one-time email inviting him or her to visit the site. EMS1 does not store this information and will not send any additional messages to the referred user.
Service Providers Public Forums
We use other third parties to provide forums on EMS1.com. When you sign up for a EMS1 member account, we will share your username as necessary for the forums application to provide that service. If you use a bulletin board, blog, or forum on this Web site, you should be aware that any personal information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums. These third parties are prohibited from using your personal information for any other purpose than listed above. To request removal of your personal information from our blog or community forum, contact us at customersupport@EMS1.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
What security precautions are in place to protect the loss, misuse, or alteration of my information?
Your EMS1 Account Information and EMS1 Profile are password-protected so that you and only you have access to this personal information. You may edit your EMS1 Account Information and EMS1 Profile by using your EMS1 ID and password.
We recommend that you do not divulge your password to anyone. EMS1 will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember to sign out of your EMS1 account and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, EMS1 cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
What security precautions are in place to protect the identity and security of Law Enforcement officials on EMS1?
EMS1 has taken several precautions to protect the identity, account names and passwords of officers when they register and log on to EMS1.com. All transfer of registration and login information is encrypted using Secure Socket Layer (SSL). Unfortunately, this process cannot be 100% secure and EMS1 is not responsible for the misuse of these user names and passwords. Despite all of our precautions, you use EMS1 at your own risk.
We periodically post member testimonials on EMS1 which may contain personal information such as the member's username. We do obtain the member's consent prior to posting each testimonial. If you have any questions regarding testimonials on EMS1 or would like a testimonial that includes your personal information removed please contact us.