Terms and Conditions of Use
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE
TERMS AND CONDITIONS OF USE.
This Web site, including all of its features and content (the “Web Site”)
is a service made available by the National Insurance Crime Training Academy,
(“NICTA” or “Provider”) and all content, information and software provided
on and through this Web Site (“Content”) may be used solely under the following
Please note, while NICTA attempts to make its courses and information timely and accurate, NICTA cannot guarantee the accuracy of the information contained in nicta.org or whether any information has changed since the time it was developed. Therefore, NICTA is not and cannot be responsible for the actions you take, or the consequences of your actions based upon NICTA's courses or information. NICTA's intent is to share pertinent information for the detection, prevention and deterrence of insurance related crime. The information in NICTA's courses should not be used to deny or reduce claim payments, only to aid in your investigation of claims.
1. WEB SITE LIMITED LICENSE
As a user of this Web Site you are granted a nonexclusive, nontransferable,
revocable, limited license to access and use this Web Site and Content in
any time for any reason.
2. INTELLECTUAL PROPERTY RIGHTS.
shall be construed as conferring any license or right, by implication, estoppel
or otherwise, under copyright or other intellectual property rights. You
agree that the Content and Web Site are protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
2.1 Ownership of Trademarks, Service Marks and Logos
All NICTA trademarks, service marks and logos appearing in this web site
are the trademarks, service marks and logos of NICTA. Any other trademarks
appearing on this web site are the property of their respective owners.
By having entered this site, you acknowledge NICTA 's ownership and agree
to respect all copyright and/or service mark and trademark ownership rights
provided by law. Use of this site does NOT constitute a license to use any
such service marks or trademarks.
2.3 Personal Use Only
You shall not store any portion of any information published on this web
site, in any form, for other than solely for personal, non-commercial use.
Any other use is expressly prohibited without the prior written consent of
NICTA or the party credited as the provider of such information.
2.4 No Modification, Distribution or Reproduction
You may not modify, publish, transmit, participate in the transfer or sale
of, reproduce (except as provided above), create derivative works from, distribute,
perform, display, or in any way exploit, any of aspect of this web site.
2.5 All Rights Reserved
All information published on this web site (including, but not limited to
downloadable software, photographs, images and illustrations), and all rights
therein, are protected by all applicable copyright laws, and owned and/or
controlled by NICTA and its affiliates and licensees or the party credited
as the provider of such information. You shall abide by all additional copyright
notices, information, or restrictions applicable to any information accessed
through this web site. All rights in such information are expressly reserved
by NICTA or the applicable copyright owner.
3. NOT LEGAL ADVICE
Content is not intended to and does not constitute legal advice and no attorney-client
relationship is formed. The accuracy, completeness, adequacy or currency
of the Content is not warranted or guaranteed. Your use of information on
this Web Site or materials linked from this Web Site is at your own risk.
4. DIGITAL MILLENNIUM COPYRIGHT ACT – NOTIFICATION OF ALLEGED COPYRIGHT
Provider has registered an agent with the United States Copyright Office
in accordance with the terms of the Digital Millennium Copyright Act (the "Act")
and avails itself of the protections under the Act. Provider reserves the
right to remove any Content that allegedly infringes another person's copyright.
Provider will terminate, in appropriate circumstances, subscribers and account
holders of the Provider's system or network who are known to Provider to
have infringed another person’s copyright. Notices to Provider regarding
any alleged copyright infringement should be directed to the NICTA General
Counsel's Office at 10330 S. Roberts Road, Palos Hills, IL 60465, 708.430.7473,
Attn.: Robert H. Mason, General Counsel, or by e-mail to <info@Nicta.org>.
5. LINKING TO THIS WEB SITE
You may provide links only to the homepage of this Web Site, provided (a)
you do not remove or obscure, by framing or otherwise, any portion of the
or other notices on this Site, (b) you give Provider notice of such link
by sending an e-mail to <info@Nicta.org> and (c) you discontinue providing
links to this Web Site if requested by Provider. If you wish to provide links
to a section within this Web Site, you should forward your request to Provider
at <info@Nicta.org> and Provider will notify you if permission is granted,
and if so the terms and conditions of the permission.
Certain sections of this Web Site require you to register. If registration
is requested, you agree to provide Provider with accurate and complete registration
information. It is your responsibility to inform Provider of any changes
to that information. Each registration is for a single individual only, unless
specifically designated otherwise on the registration page. Provider does
not permit: a) anyone other than you to use the sections requiring registration
by using your name or password; or b) access through a single name being
made available to multiple users on a network or otherwise. You are responsible
for preventing such unauthorized use. If you believe there has been unauthorized
use, you must notify Provider immediately by emailing <info@Nicta.org>.
7. DATA PROTECTION AND PRIVACY
This Web Site is administered by Airways Video, Inc. (“Airways”), a third-party
provider of internet services. Provider and Airways are committed to safeguarding
the confidential personal and proprietary information provided by Users of
the Web Site during registration or other communications with Provider. Though
Provider may use this confidential information for advising Users of new
product offerings, Provider and Airways will not sell, convey or otherwise
transmit personally identifiable information to any other entity without
the User’s permission unless required to do so under penalty of law. By having
entered this site, you acknowledge and accept the terms of NICTA 's and Airways'
8. ERRORS AND CORRECTIONS
Provider does not represent or warrant that this Web Site will be error-free,
free of viruses or other harmful components, or that defects will be corrected
or that it will always be accessible. Provider does not warrant or represent
that the information available on or through this Web Site will be correct,
accurate, timely, or otherwise reliable. Provider may make improvements and/or
changes to its features, functionality or Content at any time.
9. THIRD PARTY CONTENT
Third party content may appear on this Web Site or may be accessible via
links from this Web Site. Provider shall not be responsible for and assumes
no liability for any infringement, mistakes, misstatements of law, defamation,
slander, libel, omissions, falsehood, obscenity, pornography or profanity
in the statements, opinions, representations or any other form of content
contained in any third party content appearing on this Web Site. You understand
that the information and opinions in the third party content is neither endorsed
by nor does it reflect the belief of Provider.
THIS WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS
ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY
KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS
IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED
TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB
SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN
THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
(C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (D) YOUR
USE OF THIS WEB SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION
WITH THIS WEB SITE.
11. LIMITATION OF LIABILITY
PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR
DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE AND THE INTERACTIVE
AREAS OF THIS WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR
ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR
THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED,
PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO A REFUND
OF THE AMOUNT TENDERED TO NICTA FOR ACCESS TO THAT PORTION OF THE WEB SITE.
You agree to indemnify, defend and hold harmless Provider, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Web Site from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
13. THIRD PARTY RIGHTS
The provisions of paragraphs 10 (Disclaimer), 11 (Limitation of Liability),
and 12 (Indemnification) are for the benefit of NICTA and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Web Site. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly against you on
its own behalf.
14. UNLAWFUL ACTIVITY
Provider reserves the right to investigate complaints or reported violations
but not limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to user profiles,
e-mail addresses, usage history, IP addresses and traffic information.
15. REMEDIES FOR VIOLATIONS
Provider reserves the right to seek all remedies available at law and in
the right to block access from a particular Internet address to this Web
Site and its features.
16. GOVERNING LAW AND JURISDICTION
of the State of Illinois and any action arising out of or relating to these
terms shall be filed only in state or federal courts located in Illinois
and you hereby consent and submit to the personal jurisdiction of such courts
for the purpose of litigating any such action.
17. ADDITIONAL TERMS
17.2 Additional Terms for NICTA Services
Your use of the NICTA online services (“NICTA Services”) is governed by
these Terms and Conditions for Use of the NICTA Services. Your completion
of the NICTA Services registration process constitutes your acceptance of
Use, you are not permitted to access the NICTA Services.
18. SEVERABILITY OF PROVISIONS
respect to access to and use of this Web Site. If any provision of these
be deemed severable from the remaining provisions and shall not affect their
validity and enforceability.
Continued use of this Web Site after any such changes constitutes your consent
to such changes.
20. AUTHORIZED USERS ONLY
Acceptance of these terms and conditions constitutes your agreement that
you will not use the information contained in the Web Site in any way to
engage in any unlawful activity including, but not limited to, insurance
fraud, arson, mail fraud, wire fraud or vehicle theft, nor will you convey
the information contained in the Web Site to any person or persons engaged
in any unlawful activity including, but not limited to, insurance fraud,
arson, mail fraud, wire fraud or vehicle theft. Violation of this section
may result in your prosecution, either criminally or civilly.