Terms of Use

KCRJ.us maintains this website for business, educational, information and communication purposes only. Please feel free to browse the site.  Please read our policies regarding viewing and using this website. Your use of this website, in and of itself, is acceptance of our policies and binds you to its policies described below.  Kentucky Center for Restorative Justice, KCRJ, ourKCRJ, we, us, our, its, and the Center refer to Kentucky Center for Restorative Justice.  If you do not agree to the Terms and Conditions herein, please do not use the Site.

Terms and Conditions

I. Modifications - Termination

  • Kentucky Center for Restorative Justice reserves the right to make changes to our policies or pricing structure by posting the changes to this Terms of Use Agreement.  Changes will take effect on the day they are posted. 
  • You have the right to express dissatisfaction with any modifications made to policies and practices of Kentucky Center for Restorative Justice, including but not limited to,  (i) any change in the content of the website, or (ii) any change in the amount or type of fees for any of the services offered, (iii) by terminating membership effective upon Kentucky Center for Restorative Justice’s receipt of a written notice of termination.  We regret no refunds can be made under any circumstance except those specifically designated by written contract with KCRJ.

Kentucky Center for Restorative Justice reserves the right to deny access to www.KCRJ.us in whole or in part, including, without limitation, removing your Membership Password from our server, and to refuse to provide access to you following such termination. 

II. Proprietary Rights

  • Kentucky Center for Restorative Justice visitors should assume that everything you see or read on the Site is copyrighted unless otherwise noted.  The information on this site, including all design, images, white papers, press releases, text and other information is owned by Kentucky Center for Restorative Justice or third parties and protected by applicable copyright and trademark laws of the United States and other countries or used under license of the copyright owner.  

 

  • KCRJ grants to you, “the user”,  a non-exclusive, non-transferable limited right to access, use and display of the information provided herein. You may not assign or sublicense this license unless you receive express, written permission from Kentucky Center for Restorative Justice.  Reproduction or redistribution for commercial gain or other purposes is prohibited without prior written approval from Kentucky Center for Restorative Justice.  Explicitly, this means you may not:  copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile, or collect in a database, or commercially exploit any copyright-protected or trademarked element of the website, including the look and feel of the website, KCRJ trademarks, trade dress and/or intellectual property; use any meta-tags or other hidden text utilizing KCRJ name or trademarks.
     
  • Information on this site may be reproduced in limited quantities for personal use or non-profit educational use.  You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials.  You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the format,  text, images, audio and video, without the prior written permission of Kentucky Center for Restorative Justice.  The copyright notice appearing at the bottom of each web page must appear on every copy of the web page or portion thereof, e.g. © 2012 Kentucky Center for Restorative Justice.

 

  • All feedback, comments, information or materials submitted to Kentucky Center for Restorative Justice through or in association with the KCRJ Web site shall be considered non-confidential  and non-proprietary.  Anything you transmit or post may be used by Kentucky Center for Restorative Justice or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.  KCRJ retains the rights to a  no-charge, worldwide assignment of all rights, titles and interest in the copyright and other intellectual property rights to the materials.  Kentucky Center for Restorative Justice shall be free to use any ideas, concepts, materials, or techniques on an unrestricted basis.

 
III. Member Content

  • The MEMBER, also referred to as “user”, has the sole responsibility for the substance and content of any information that you make available. KCRJ assumes no liability. We reserve the right to monitor the content that you or other users make available to us, but shall have no obligation to do so.
  • We reserve the right to remove any content made available by you that we believe, in our sole discretion,  to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, but we do not have the obligation to remove or deny access to such content. You, as user, expressly agree that KCRJ shall not be liable to you for any action we take to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. KCRJ has the right to take all reasonable actions to control such material, including restriction, suspension or termination of your access privileges.
  • You agree that KCRJ will use its best efforts to keep the website, www.KCRJ.us  up and running; however, you agree to hold KCRJ harmless if the website is temporarily down.
  • You agree that KCRJ provides no warranty for any of the services it provides, nor is it providing any guarantee of results from using its services.
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IV. Prohibited Uses

  • You may not use KCRJ’s services in a manner that is inconsistent with these terms of use, prohibited by any law or regulation, or to facilitate the violation of any law or regulation. 
     
  • Invade the privacy of third parties
  • Impersonate KCRJ personnel or other parties or entities
  • Transmit abusive, profane, libelous, slanderous, threatening or otherwise harassing material by any format
  • Solicit other members to patronize services or purchase goods from third parties;
  • Violate the security of KCRJ or its services; or
  • Utilize or attempt to utilize another user's account name without authorization from that user.

 

  • You agree not to use KCRJ services, any e-mail address or mail address of KCRJ to send the same or substantially similar unsolicited electronic mail message or mass mailing, whether commercial or to a large number of recipients, which in any way implicates the use of KCRJ Services or property.  For purposes of this provision, the fact that our e-mail address is accessible to the public shall not constitute a request or invitation to receive unsolicited messages. 
  • Software from this Site is subject to United States Export Controls.  No software from this Site may  be downloaded or exported  into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.  KCRJ reserves all rights to any software associated with the Site.  Such software is protected by copyright and other intellectual property laws and treatise.
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V.  Links

  • Links to other Internet Sites contained in this website are provided as a resource to help you identify other resources of interest. Kentucky Center for Restorative Justice  does not own or control these "Third-Party Sites" so if you are transferred to another website beyond the control of KCRJ, your privacy and conditions-of-use of those sites will be governed by the terms and conditions of that website. KCRJ does not intend to state or imply that KCRJ sponsors or is affiliated with Third Party Sites.

 

VI. Charges and Payment

  • You agree to pay all applicable fees associated with connecting to this Web site,  including, without limitation, all telephone access lines, telephone and computer equipment necessary to access our services, including all the connection time charges of your ISP, surcharges, applicable taxes and other charges you incur.
  • In the event of a breach of security, you will remain liable for any unauthorized use of your account with KCRJ until you notify us by written notice.

 

VII. User Information

  • Use of any services requires you to be legally capable of entering into a business arrangement; you agree that you are at least eighteen years old (18) and not a minor.
  • You must agree to provide KCRJ with accurate, complete, and updated information required by the Member Profile, including your legal name, address, telephone number(s), and applicable payment data. You agree to notify us within ten (10) days of any changes in the Member Profile information. Failure to comply with this provision may result in immediate suspension or termination of your right to use the KCRJ member services. 
  • You are solely responsible for maintaining the confidentiality of your passwords, and agree that we will have no obligations in that regard.
  • KCRJ reserves the right to reveal any information in our possession, including Member Profile information, in cooperation with a request or investigation by any governmental body or governmental agency. 
  •   Use duplication or disclosure of the Web Site Information by the U.S. Government is subject to the restrictions set forth herein as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.


VIII. Confidentiality

  • You agree to maintain the confidentiality of any information provided to you by KCRJ. KCRJ is not a fiduciary with respect to any information that you provide to us.  KCRJ has no reciprocal obligation of confidentiality to you other than as expressly provided by us  in the KCRJ Privacy Policy, the terms of which are incorporated herein by reference.

 

IX.   Indemnity

  • The “user” will not transmit by means of our services any materials of any kind which will defame, libel, violate, slander, plagiarize, or infringe on the rights of privacy or publicity, or export in violation of any law, rule or regulations regarding exports from the United States.  You will not infringe or misappropriate any intellectual property rights, cause damage or destruction to the website, to us or to another person which is caused by or otherwise results from your acts and omissions, and/or any violation of our policies.  You will not transmit software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.  
  • The “user”  agrees that  use of KCRJ services will,  at all times, comply with applicable laws, rules, and regulations. You also agree to indemnify, defend and hold harmless KCRJ, its officials, employees, licensors, independent contractors, volunteers,  providers, subsidiaries and affiliates (collectively and individually) from and against any and all liability and costs incurred in connection with any claim arising out of any breach of the Terms of Use, warranties and covenants,  including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. KCRJ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of KCRJ.  Arbitration shall be the first recourse of any dispute.
  • KCRJ makes no warranty, express or implied, in regard to the information on the website and shall not be liable for the use of KCRJ services, including, without limitation, any interruption of or error in the services under any circumstances, including, but not limited to, the Center’s negligence.  Under no circumstances shall KCRJ be liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the website even if the Center has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages,  so the above limitation or exclusion may not apply to you. In no event shall KCRJ’s total liability to you for all damages, losses, or causes of action exceed one (1) dollar.  Regardless of any statute or law to the contrary, all claims related to the use of the website or its policies must be filed within one (1) year after such claim arose or be forever null and void.

 

X. General

  • The “User Agreement” constitutes the entire agreement between “the user” and KCRJ and supersedes all prior agreements between same parties.  Failure to enforce any provision of the “User Agreement” shall not be construed as a waiver of any provision or right by KCRJ. Interpretation and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Kentucky (excluding choice of law rules).  “The User” specifically waives any defenses that may be assigned by means of a claim of forum non-convenience.  If any portion of the “User Agreement” is held unenforceable, that portion shall be construed in accordance with applicable law  to reflect the original intentions of the parties as nearly as possible.  The remainder of the provisions shall remain intact.

 

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Kentucky Center for Restorative Justice welcomes your comments about our policies.  Please send an email to webmaster@KCRJ.us

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