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 terms and conditions (“Terms of Use”).

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 accordance with these Terms of Use. Provider may terminate this license at any time for any reason.

2. INTELLECTUAL PROPERTY RIGHTS.

Except as expressly provided in these Terms of Use, nothing contained herein 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.

2.2 Acknowledgment

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 INFRINGEMENT.

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 homepage, including its advertisements, the terms of use, the copyright notice, 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.

6. REGISTRATION

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' Privacy Policy with which you agree you have familiarized yourself.

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.

10. DISCLAIMER

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.

12. INDEMNIFICATION

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 of these Terms of Use by you.

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 of our Terms of Use and to take any action we deem appropriate including 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 equity for violations of these Terms of Use including, but not limited to, the right to block access from a particular Internet address to this Web Site and its features.

16. GOVERNING LAW AND JURISDICTION

The Terms of Use are governed by and construed in accordance with the laws 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

17.1 Privacy

Your use of this Web Site is subject to Provider’s Privacy Policy.

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 these Terms of Use. If you do not agree with any portion of these Terms of Use, you are not permitted to access the NICTA Services.

18. SEVERABILITY OF PROVISIONS

These Terms of Use incorporate by reference any notices contained on this Web Site and the Privacy Policy, and constitute the entire agreement with respect to access to and use of this Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

19. MODIFICATIONS TO TERMS OF USE

Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. 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.