District Attorney Program Report
TERMS OF USE
1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
1.1 YOU MUST READ THESE CALIFORNIA DEPARTMENT OF INSURANCE (CDI) WEBSITE TERMS OF USE ("TERMS") CAREFULLY.
CDI PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN CDI AND YOU, AND YOU ACCEPT THEM BY: (a) USING THE WEBSITE IN ANY MANNER; AND/OR (b) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") includes without limitation confidential information: (a) concerning suspected insurance fraudulent activities, such as, but not limited to, suspected fraudulent activity referrals, insurance policies, personal medical information, confidential vehicle information, contracts, investigatory findings and notes, undercover law enforcement activities, names and descriptions of undercover law enforcement personnel, equipment and informants, suspected participants and locations of fraudulent insurance transactions, ongoing investigatory or prosecutorial efforts; and (b) investigatory and prosecutorial notes, documents or commentary concerning case: strategy, tactics, tasks, interagency cooperative plans, updates, guides, outlines, summaries, legal theories or best practices; and (c) data, narratives, statistics and documents used to audit and report the expenditures and performance of assessment-funded anti-fraud programs administered by CDI and the reports and audits generated thereby; and (d) technical, contractual, and other valuable information ("Information"); and (e) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). CDI controls and operates its websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. This website or CDI services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and CDI for violations of these Terms.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information as may be prompted by a registration form on the Website (the "Registration Data") or by a data-entry field (the "Input Data"); (b) maintain the security of your password and identification; (c) Provide to CDI a list of all authorized users of the Website; (d) Ensure each authorized user of the Website obtains and maintains a unique user-id and password assigned by the CDI; (e) Prohibit sharing of user-ids/passwords; (f) maintain and promptly update the Registration Data and Input Data, and any information You provide to CDI, to keep it accurate, current and complete; and (g) accept all risks of unauthorized access to information, Input and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to CDI or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) 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. CDI reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements. You agree to immediately notify the CDI if You suspect Your computer or Your Input Data contains any inaccuracies, 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.
2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be CDI or someone else, or spoof CDI's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users; or (h) modify, delete, decompile or translate any of the code on this Internet Site.
3. CONFIDENTIALITY OF WEBSITE INFORMATION
3.1 You may obtain direct access via the Website to certain confidential information obtained by the CDI from internal and external sources, including, but not limited to, CDI investigations, consumers, insurance companies, regulatory agencies, and local and state law enforcement agencies. You must hold Confidential Information in strict confidence.
3.2 Your obligations regarding Confidential Information expire upon disclosure in accordance with a legal proceeding or disposition. Upon termination of the Terms or CDI's written request, You must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from CDI, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to CDI adequate to afford CDI the opportunity to object to the disclosure.
3.4 You agree to conform to all requirements and prohibitions related to accessing and disclosure of personal or confidential information or records when viewing, inputting or downloading information from this Website as codified by Penal Code Sections 502, 11105, 11140-11143, 13300-13304 and Government Code Section 6200 and Vehicle Code Section 1808.45. You acknowledge the applicability of Penal Code Sections 11142 and 13303 that state:
"Any person authorized by law to receive a record or information obtained from a record who knowingly furnishes the record or information to a person not authorized by law to receive the record or information is guilty of a misdemeanor."
3.5 CDI may suspend or terminate any user(s) from accessing the Website that CDI determines has violated any portion of the confidentiality provisions.
4. CONTENT SUBMITTED TO CDI
4.1 CDI does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content You provide in connection with this Website shall be deemed to be provided on a "need to know" and "right to know" confidential basis. Neither CDI nor You shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You shall not allow unauthorized users to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for accessing, inputting and downloading confidential criminal investigatory information and shall comply with all pertinent California laws and regulations, including but not limited to California Penal, Government, Vehicle and Insurance Code prohibitions and rules concerning confidentiality of records or information.
4.2 CDI does not routinely monitor Content, but CDI and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
5. DELIVERY OF E-MAIL
CDI will attempt to deliver all of the e-mail that is addressed to Your e-mail address on CDI's Services. However, the nature of e-mail is such that CDI cannot guarantee delivery of such e-mail.
6. INDEMNITY
You agree to indemnify and hold harmless CDI and its officers, directors, agents, other partners, employees and representatives 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 or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
CDI may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. CDI reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. CDI may also delete, or bar access to or use of, all related Information and files. CDI will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. CDI may amend these Terms at any time by posting the amended terms on this Website.
8. CONTENT PROVIDED VIA LINKS
8.1 You may find links to other Internet sites or resources on the Website. You acknowledge and agree that CDI is not responsible for the availability of or endorse such external sites or resources, and does not warranty that such sites shall be free from 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. You agree that CDI is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. CDI will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such sites, links, content, goods or services available on or through any such site or resource.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Except as expressly authorized by CDI or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software CDI discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
9.2 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by CDI on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for lawful, law enforcement use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section
9.3 Upon termination, You must immediately destroy any downloaded and/or printed Content.
10. DISCLAIMER OF WARRANTIES
10.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. CDI DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CDI MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
10.2 CDI MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
10.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING THE WEBSITE OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
10.4 CDI does not control the postings on this Website and CDI is not involved in the transmission/communication between the Website's users. If You have a dispute with one or more users, you release CDI (and directors, officers, agents and employees) from claims and damages (actual and consequential, direct and indirect) of all kinds. This Website may contain typographical errors. If You incur the need for servicing or replacement of data or equipment through the use of this Website, CDI is not responsible for those costs. This Website is provided "as is" with no warranties of any kind.
11. LIMITATION OF LIABILITY
11.1 TO THE FULL EXTENT PERMITTED BY LAW, CDI IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF CDI HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) 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 WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
11.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
12. CDI's CONFIDENTIALITY POLICY
You consent to the collection, processing and storage by CDI of Your Registration and Input Data and all other information You upload to the Website or its server. You agree to comply with all applicable laws and regulations with respect to any access, use and/or submission by You of any information in connection with this Website.
13. GENERAL TERMS
13.1 The Terms constitute the entire agreement between You and CDI relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized CDI representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use CDI or third-party products or services.
13.2 You agree that any material breach of Sections 2, 3, 4, 6, and 9 of the Terms will result in irreparable harm to CDI for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CDI will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.
13.3 California law governs any action related to the Terms and/or Your use of the Website. Choice of law rules of any jurisdiction will not apply to any dispute under the Terms. You and CDI agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California, U.S.A.
13.4 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
13.5 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
