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Terms of Service

Terms of Service

Welcome to When Then Project.  Please carefully read the following terms before using or accessing the Service of When Then Project. By accessing the Service, you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the Service.

Definitions

The following definitions apply to these Terms of Service:

    • “Agreement” or “Terms” – Terms of Service.
    • “When Then Project” or “WTP” – The company of When Then Project, LLC. 
    • “Website” or “Site” collectively refers to www.whenthenproject.org and the subcomponents of the site.
    • “Service” – The subscription-based database of audio-visual works that is available through the site and is part of the site.
    • “Subscriber” –  Any person or entity that purchases or uses a subscription to the Service.
    • “Officer” – Any party who accesses the site (including Shift Briefing attendees). If you are accessing the site as an employee or agent of another, “Officer” refers to you and your principal.
    • “You” or “Your” refers to the Officer. If you are accessing the site as an employee or agent of another, “You” or “Your” refers to the Officer and the Officer’s principal.
    • “Access” or “Accessing” – Accessing, using, viewing the content, or otherwise obtaining information on the site.
    • “Content” – The data within the Service.

 

Limited License

    1. WTP hereby grants each subscriber a limited, non-exclusive, non-sublicensable, and non-transferable license to access the content and information available in the Service according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these terms. Each Subscriber may only allow its licensed employees and agents to access the Service. 
    2. Subscribers are required to purchase a license for each Officer, regardless of their role assigned or the feature used within the Service.  If the subscriber’s license terminates, the subscriber’s employees and agents shall no longer have access to the Service. Each subscriber agrees the Service may not be accessed by more than the authorized and licensed number of Officers purchased by the subscriber. 
    3. Each Officer shall be authorized to access the Service from any suitable internet connection. A subscriber administrator selected by the subscriber (the “Administrator”) shall be designated to oversee and be responsible for the management of the Officer accounts. You acknowledge and agree that WTP is the sole and exclusive owner of all content and all legal rights therein.

 

Subscription Terms

If you elect to use paid aspects of the Service, you agree to the pricing and payment terms. A valid credit card, debit card, or billing with a purchase order is required for paid accounts.  Free trial accounts do not require a form of payment.

    1. Term – The Initial Paid term of this Agreement is for twelve (12) months commencing on the date of purchase.
    2. Renewal – At the expiration of the Initial Paid Term, this Agreement will automatically renew for successive twelve (12) months unless the Subscriber provides WTP with notice of its intent not to renew thirty (30) days prior to the expiration of the then-current term.
    3. Billing – A twelve (12) month subscription billing period begins at the effective starting date of service as stated above in this agreement. 
    4. Refund – WTP will only issue refunds under the terms of the limited warranty. 
    5. Collections for nonpayment – Subscriber agrees to pay for all costs of collection, including but not limited to, reasonable attorney fees and other fees made necessary by nonpayment. WTP reserves the right to suspend the Service until payment is received in full and may terminate this agreement at their discretion if the Subscriber fails to comply with the terms agreement.  Any unpaid amount, when due, will bear simple interest from the due date until paid at a rate equal to 5% per month (60% annually). 

 

Limited Warranty

    1. WTP provides no warranty that your hardware, software, and/or internet service is compatible or sufficient to access the site. WTP warrants that media, if provided by WTP, is free from material defects on the date the Officer acquired the Service. 
    2. WTP’s sole liability for any breach of this warranty shall be, in its sole and absolute discretion: 

(1) to replace the defective media or Service; 

(2) to advise the Officer how to achieve substantially the same functionality with the Service as described; or 

(3) Refund the subscription fee paid for access to the Service. 

    1. The Officer must inform WTP of any problem with the Service within thirty (30) calendar days of discovering the problem or WTP will not be obligated to honor this warranty. WTP will use commercially reasonable efforts to repair, replace, or refund the Service pursuant to the foregoing warranty within thirty (30) calendar days of being so notified. If any modifications are made to the Service by the Officer during the warranty period; if the medium or Service is subjected to accident, abuse, or improper use; or if the Officer violates the terms of this agreement, then this warranty shall immediately terminate. 
    2. This warranty shall not apply if the Service is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Service was designed to be used. Although WTP has attempted to provide accurate 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 responsibility for any errors or omissions therein.

 

Disclaimers and Limitation of Liability

    1. The Service provides information and recommendations for critical incident response.  Such information provided shall not constitute the entirety of an individual’s response to critical incidents. The Service is intended to be informational and thought-provoking to create a discussion for first responders to ensure an appropriate response based on the Officer’s department-approved training and agency policies.  As such, the Service provides a learning platform in which Officers are guided through critical incidents and taught appropriate tactics and responses by their agencies. It is the responsibility of the Officer to act in accordance with all applicable local, state, and federal laws and other guidelines, department-approved training, policies, and procedures.  The Service does not provide legal advice.
    2. Each Officer accesses this site at his/her/its own risk. The site is provided on an “as is, as available” basis. WTP does not warrant any particular result from the use of the Service or site. 
    3. WTP does not warrant that the information on the site is accurate, complete, or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free, or completely secure. Under no circumstances and under no legal theory (tort, contract, or otherwise) shall WTP or any of its affiliates, agents, employees, shareholders, directors, officers, third-party content providers, successors, or assigns be liable to you or any other person or entity for any direct, indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses. Your use of this site is at your sole risk and any content you download is downloaded at your own discretion and risk.  WTP shall bear liability solely for damages directly associated with a specific Officer license that is implicated in the harm to your computer systems and/or any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses. In no event will WTP be liable for any damages in excess of the amount WTP received from the subscriber for a specific Officer license to access the Service, even if WTP shall have been informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of WTP, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of Officer information through theft or any other means. 
    4. WTP is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site. No dealer, agent, or employee of WTP is authorized to make any modifications, extensions, or additions to these limited warranties or disclaimers. WTP disclaims all warranties and shall have no liability for damages in excess of the amount WTP received from the subscriber, arising from or related to any support services for your use of the site. The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.

 

Prohibited Conduct

Each Officer expressly agrees to refrain from doing, either personally or through an agent, any of the following prohibited conduct:

    1. You shall not copy, modify, create derivative works from, decompile, or reverse engineer content. WTP shall be the owner of all modifications made to or derivative works created from the content.
    2. Transmit, install, upload, or otherwise transfer any virus, advertisement, communication, or other item or process to the site that in any way affects the use, enjoyment, or service of the site or adversely affects WTP’s computers, servers, or databases.
    3. Capture, download, save, upload, print, or otherwise retain information and content available on the site other than what is expressly allowed by these terms.
    4. Permit or provide others access to the Service using your Officername and password or otherwise, or the name and password of another authorized Officer.
    5. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer, or adapt any of the Service, information, text, graphics, source code, HTML code, or other content available on the site.
    6. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the site.
    7. Transfer the site content to another person; “frame,” “mirror,” “in-line link” or employ similar navigational technology to the site content; or “deep link” to the site or content, or rent or provide third-party access to the site or content in any way.
    8. Violate or attempt to violate WTP’s security mechanisms, access any data or server you are not authorized to access, or otherwise breach the security of the site or corrupt the site in any way.
    9. Engage in any other conduct that violates the copyright act or other laws of the United States or any state or other jurisdiction.
    10. Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Officers, the site, or WTP.
    11. Use the site to violate a third party’s intellectual property, personality, publicity, or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
    12. Misrepresent your identity or personal information when accessing the site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by WTP.
    13. Provide any commercial hosting service with access to the site and/or the content on the site. To ensure site Officers do not engage in prohibited conduct, WTP reserves the right to monitor the use of the site and reserves the right to revoke or deny access to the Service to any person or entity whose use of the Service suggests prohibited conduct. Access to the materials available at the Service beyond that of normal patterns of use that suggest systematic copying of the materials constitutes abuse of the Service and will result in revocation or denial of access to the Service. You agree not to violate any U.S., foreign, or international Service or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

 

Copyrights, Trademarks and Other Proprietary Rights

    1. WTP or its third-party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, source code, HTML code, the “look and feel” of the site, its color combinations, layout, all graphical elements and the copyrights in and to its original content. You should assume that everything you read or see on the site is copyrighted, trademarked, or otherwise protected, owned, or licensed by WTP. Except as expressly stated on the site or in these terms, nothing you read or see on the site or in the Service may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of WTP, except as provided in these terms. Nothing in these terms grants you an express or implied license to use any of WTP’s intellectual property. 
    2. Service includes Google Maps features and content.  The use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
    3. If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret, or know-how to WTP, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

 

Security; Authorized Use

    1. You also represent and warrant that you are an adult who is legally able to enter into these terms. You may not use the account, Officername, or password of someone else at any time. You agree to notify WTP immediately of any unauthorized use or loss of your account, Officername, password, and/or credit card information. WTP will not be liable for any loss you incur as a result of someone else using your Officername and password with or without your knowledge. You may be held liable for any losses incurred by WTP, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account, Officername or password. 
    2. Officers are prohibited from violating or attempting to violate the security of the site. WTP has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. WTP may suspend your access while it conducts an investigation. Officers may be required to enter a Officername and password to access the Service. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the site. You are responsible for maintaining the secrecy of your Officername and password. You represent and warrant that you are the person on whose behalf you claim to accept these terms or if you are entering into these terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind the person or entity.

 

Access to the Service; Modification of Content

    1. WTP strives to provide the Service to its subscribers on a continuous basis. However, occasionally, subscribers may be unable to access the Service due to conditions beyond WTP’s control. Such conditions include, but are not limited to force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to Service issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. You acknowledge and agree WTP shall have no liability for any damages resulting from any interruption in service.
    2. WTP reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access, and/or the terms of this site. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this site. Officers are solely responsible for ensuring they have sufficient and compatible hardware, software, and internet service necessary for the use of the site.

Privacy

    1. The privacy of your data is important to us.  While subscribers may elect to release their agency data related to the Service to a third party, WTP will not release data without a court order.  

Severability

    1. That if any part or provision of this contract thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this contract. 

 

These Terms of Service were last modified on November 30, 2023.