These are the Terms and Conditions
("Terms") pursuant to which all EXCELEAS®, LLC
(“EXCELEAS”) subscribers and end users ("You") may use EXCELEAS’
website and EXCELEAS’ services (each as defined below). These Terms include
EXCELEAS’ Privacy Policy, which is incorporated into these Terms by reference
and can be reviewed by visiting www.exceleas.com/privacy-policy.
These Terms are a binding agreement
between You and EXCELEAS, the operator of this website in the state or country
in which Your organizations operate, and You are deemed to accept these Terms
each and every time You use or access EXCELEAS’ website or use an EXCELEAS service
(as defined in the paragraph below). If,
after reading these Terms, you do not want to accept or abide by these Terms,
you must not use this website or EXCELEAS’ services.
EXCELEAS’ Software as a Service (SaaS)
website, known as the Law Enforcement Applicant Database™ program (“LEAD”), is
located at www.leadprogram.us (the “Site”). EXCELEAS’
services (the “Services”) mean the applications, materials, information,
services, and documents offered by EXCELEAS, including LEAD. Users (“Users”) may also access the Site to
create organization profiles, which may include personal information
(“Profiles”), and to make these Profiles, or aspects thereof, available to
certain Users.
EXCELEAS may revise these Terms at any
time by posting an updated version to this URL. Because these Terms bind You, You must visit
this URL periodically to review the most current Terms. It is Your responsibility to review the most
current Terms and Your failure to do so will not prevent You from being bound
by these Terms.
Users must abide by these Terms. If any User violates these Terms, EXCELEAS
may suspend or terminate the User’s access to the Site or Services.
You must be 13 years of age or older to
visit or use EXCELEAS’ Site, and, if under the age of 18, You must use the Site
under the supervision of a parent, legal guardian, or other responsible adult.
1. Your Use of
EXCELEAS Information
Subject to these Terms, You may access
and use the Site and EXCELEAS’ Information to download and print a single copy
of the content available on or from the Site solely for Your personal,
non-commercial use. The contents of the
Site, such as designs, text, graphics, images, video, information, logos,
button icons, software, audio files and other EXCELEAS information (the
“EXCELEAS Information”), are protected under copyright, trademark and other
laws, and are the property of EXCELEAS or EXCELEAS’ licensors. The organization and presentation of all
Information of EXCELEAS and is protected by copyright, trademark, and other
laws. Any use of EXCELEAS Information in
contravention of these Terms may violate these laws and/or applicable
communications regulations and statutes, and is prohibited. If You copy any EXCELEAS Information, you must
preserve all copyright, trademark, service mark or any other proprietary notice
provided in the EXCELEAS Information.
Any code that EXCELEAS creates to
generate or display any EXCELEAS Information Content or the pages making up the
Site are also protected by EXCELEAS’ copyright and You may not copy or adapt or
otherwise use such code. EXCELEAS will use any and all legal means to
protect its code.
You agree not to sell or modify the
EXCELEAS Information or reproduce, display, publicly perform, distribute, or
otherwise use the EXCELEAS Information in any way for any public or commercial
purpose, in connection with products or services that are not those of the
Site, in any other manner that is likely to cause confusion, disparages or
discredits EXCELEAS or its licensors, dilutes the strength of EXCELEAS’ or its
licensor’s property, or otherwise infringes EXCELEAS’ or its licensor’s
intellectual property rights. You shall
not misuse the EXCELEAS Information or otherwise use the EXCELEAS Information
in any way that violates any applicable law or regulation.
2. Your Use of
EXCELEAS’ Services
You must maintain the confidentiality of
Your account, Profile and passwords, as applicable. You shall not share Your password or other
account access information with any other party, temporarily or permanently,
and You shall be responsible for all users and end users of EXCELEAS Site
registrations and passwords, whether or not authorized by You. You shall immediately notify EXCELEAS of any
unauthorized use of Your account, Profile, or passwords.
All EXCELEAS Users shall not:
a.
transmit, post,
distribute, store or destroy material, including without limitation EXCELEAS
Information, in violation of any applicable law or regulation, including but
not limited to: laws or regulations governing the collection, processing, or
transfer of personal information, or in breach of EXCELEAS’ privacy policy;
b.
use any device to
navigate or search any the Site other than the tools available on the Site,
generally available third-party web browsers, or other tools approved by
EXCELEAS in advance and in writing;
c.
use any data
mining, robots or similar data gathering or extraction methods;
d.
violate or attempt
to violate the security of the Site including attempting to probe, scan or test
the vulnerability of a system or network or to breach security or
authentication measures without proper authorization;
e.
forge any TCP/IP
packet header or any part of the header information in any e-mail or newsgroup
posting;
f.
reverse engineer or
decompile any parts of the Site;
g.
aggregate, copy or
duplicate in any manner any of the EXCELEAS Information available from the
Site, including expired job ads, other than as permitted by these Terms;
h.
frame or link to
any EXCELEAS Information available from the Site, unless permitted by these
Terms;
i.
share with a third
party any login credentials to the Site;
j.
access data not
intended for You or logging into a server or account which You are not
authorized to access;
k.
post or submit to
the Site any incomplete, false or inaccurate biographical information or
information that is not Your own or information You are not authorized to post
or submit;
l. solicit passwords or personally identifiable information from other Users;
m. leave Your password available for another person to view;
n. leave Your account to the Site logged in at an unattended and unlocked
device;
o.
use any device that is
infected with a virus or does not contain adequate virus protection to access
the Site;
p.
delete or alter any
material posted by any other person or entity;
q.
harass, incite
harassment or advocate harassment of any group, company, or individual;
r.
promote or endorse
an illegal or unauthorized copy of another person's copyrighted work, such by
as providing or making available pirated computer programs or links to them,
providing or making available information to circumvent manufacture-installed
copy-protect devices, or providing or making available pirated music or other
media or links to pirated music or other media files; or
s.
use EXCELEAS’
Services for any unlawful purpose or any illegal activity, or post or submit any
content that is defamatory, libelous, implicitly or explicitly offensive,
vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a
menacing character or likely to cause annoyance, inconvenience, embarrassment,
anxiety or could cause harassment to any person or include any links to
pornographic, indecent or sexually explicit material of any kind, as determined
by EXCELEAS’ unfettered discretion.
Violations of system or network security
may result in civil and/or criminal liability. EXCELEAS will investigate occurrences that may
involve such violations and may cooperate with law enforcement authorities in
prosecuting Users who are involved in these violations.
3. Additional
Terms Applicable to Organizations and Other End Users
When You register with EXCELEAS, You
will be asked to create an organization account and provide EXCELEAS with
certain information including personal information, such as, name, zip code,
email address, phone number, and other information necessary to establish your
account ("Personal Information").
Any Personal Information You submit must
be accurate and describe You, an individual person. Your profile requires standard fields to be
completed and you may not include in these fields any telephone numbers, street
addresses, or other means of contacting You, other than Your name.
You acknowledge and agree that You are
solely responsible for the form, content and accuracy of any application
information provided by You on the Site.
By creating an account, You represent and warrant that You are
authorized by Your organization to register an account on the Site.
You have no ownership rights in Your
account and if You cancel Your account or Your account is terminated, all Your
account information from EXCELEAS, including Your organization profile, will be
marked as deleted in and may be deleted from EXCELEAS’ databases. Information may continue to be available for
some period of time because of delays in propagating such deletion through
EXCELEAS’ web servers. In addition, third parties may retain saved copies of
Your Information.
4. User Responsibilities
When Using Certain Features of the Site
Job Advertisement Email Notices
Users on the Site can choose to receive job
advertisement notifications, sent to the email address in the User’s
Profile. These notifications alert the
User to job advertisements posted by a law
enforcement agency (“Agency”) in the Careers section
of the Site. You can choose to receive
job advertisement notifications by adjusting the settings in Your Profile on
the Site. You must select a distance
from Your zip code in which You want to receive job advertisement notifications
from Agencies. You can adjust these
settings at any time. If You no longer
want to receive job advertisement notifications, You can “opt-out” by changing
the settings in Your Profile.
5. User
Content and Submissions
All information, data, text, photographs, graphics,
video, messages or other materials submitted, posted or displayed by You on or
through the Site ("User Content") is the sole responsibility of the
person from which such User Content originated. EXCELEAS claims no ownership or control over
any User Content. You or a third-party
licensor, as appropriate, retain all patent, trademark and copyright to any
User Content you submit, post or display on or through the Site and You are
responsible for protecting those rights, as necessary. By submitting, posting or displaying User
Content on or through the Site, you grant EXCELEAS a worldwide, non-exclusive,
royalty-free, transferable, sub-licensable license to use, reproduce, adapt,
distribute and publish such User Content through the Site. Additionally, by submitting, posting or
displaying User Content which is intended to be available to the other Users,
you grant EXCELEAS a worldwide, non-exclusive, royalty-free license to
reproduce, adapt, distribute and publish such User Content for the purpose of
promoting EXCELEAS and its Services. EXCELEAS
shall discontinue this licensed use within a commercially reasonable period
after such User Content is removed from the Site. EXCELEAS may refuse to accept, post, display
or transmit any User Content in its sole discretion.
You also represent and warrant that You
have the right to grant, or that the holder of any rights, including moral
rights in such content has completely and effectively waived all such rights
and validly and irrevocably granted to You the right to grant, the license
stated above. Subject to the foregoing,
the owner of such User Content placed on the Site retains any and all rights
that may exist in such User Content. EXCELEAS
may review and remove any User Content that, in its sole judgment, violates
these Terms, violates applicable laws, rules or regulations, is abusive,
disruptive, offensive or illegal, or violates the rights of, or harms or
threatens the safety of, Users of the Site. EXCELEAS may expel Users and prevent their
further access to the Site and/or use of EXCELEAS’ Services for violating the
Terms or applicable laws, rules or regulations. EXCELEAS may take any action with respect to
User Content that it deems necessary, useful or appropriate in its sole
discretion if it believes that such User Content could create liability for
EXCELEAS, damage EXCELEAS’ brand or image, or cause EXCELEAS to lose Users or
(in whole or in part) the services of its ISPs or other suppliers.
EXCELEAS does not guarantee the
truthfulness, accuracy, or reliability of User Content, derivative works from
User Content, or any other communications posted by Users, nor does EXCELEAS
endorse any opinions expressed by Users. You acknowledge that any reliance on material
posted by other Users will be at Your own risk.
The following is a partial list of User
Content that is prohibited by EXCELEAS on the Site. The list below is for illustration only and is
not a complete list of all prohibited User Content.
Content that:
·
is implicitly or
explicitly offensive, such as User Content that engages in, endorses or
promotes racism, bigotry, discrimination, hatred or physical harm of any kind
against any group or individual;
·
harasses, incites
harassment or advocates harassment of any group or individual;
·
involves the
transmission of “junk mail,” “chain letters,” or unsolicited mass mailing,
“spamming,” or “phishing;”
·
promotes or
endorses false or misleading information or illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
·
promotes or endorses
an illegal or unauthorized copy of another person's copyrighted work, such as
providing or making available pirated computer programs or links to them,
providing or making available information to circumvent manufacture-installed
copy-protect devices, or providing or making available pirated music or other
media or links to pirated music or other media files;
·
contains restricted
or password only access pages, or hidden pages or images;
·
displays or links
to pornographic, indecent or sexually explicit material of any kind;
·
provides or links
to material that exploits people under the age of 18 in a sexual, violent or
other manner, or solicits personal information from anyone under 18;
·
provides
instructional information about illegal activities or other activities
prohibited by these Terms, including without limitation, making or buying
illegal weapons, violating someone's privacy, providing or creating computer
viruses or pirating any media; and
·
solicits passwords
or personal identifying information from other Users.
Any Profile You submit must describe your organization and You, an individual
person. Examples of inappropriate and
prohibited Profiles include, but are not limited to, Profiles that purport to
represent an animal, place, inanimate object, fictional character, fictitious
organization, or real individual that is not You.
6. Policy
Regarding Termination of Users Who Infringe the Copyright or Other Intellectual
Property Rights of Others
EXCELEAS respects the intellectual
property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction,
copying, distribution, modification, public display or public performance of
copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to Your use of the Site, You
agree not to use the Site to infringe the intellectual property rights of
others in any way. EXCELEAS may
terminate the accounts of any Users, and block access to the Site of any Users
who are repeat infringers of the copyrights, or other intellectual property
rights, of others. EXCELEAS may, in its
sole discretion, take these actions to limit access to the Site and/or
terminate the accounts at any time, in our sole discretion, Users who infringe
any intellectual property rights of others, whether or not there is any repeat
infringement, with or without notice, and without any liability to the User who
is terminated or to the User whose access is blocked. Notwithstanding the foregoing, if You believe
in good faith that a notice of copyright infringement has been wrongly filed
against You, please contact EXCELEAS by calling (844) 392-3532 or by emailing support@exceleas.com.
7. EXCELEAS’
Liability
The Site acts as, among other things,
venues for (i) Agencies to post job opportunities and search for and evaluate
job applicants and (ii) applicants to post applications and Profiles and search
for and evaluate job opportunities. EXCELEAS
does not screen or censor the listings, including Profiles offered. EXCELEAS is not involved in, and does not
control, the actual transaction between Agencies and applicants. As a result, EXCELEAS is not responsible for
User Content, the quality, safety or legality of the jobs or applications
posted, the truth or accuracy of the listings, the ability of employers to
offer job opportunities to candidates or the ability of candidates to fill job
openings and EXCELEAS makes no representations about any jobs, applications or
User Content on the Site. While EXCELEAS
may in its sole discretion remove User Content, job advertisements,
applications or other material from the Site from time to time, EXCELEAS does
not assume any obligation to do so and, to the extent permitted by law,
disclaims any liability for failing to take any such action.
The Site provides a venue for Agencies to
network for professional purposes and EXCELEAS does not screen or censor the
information or User Content on the Site. EXCELEAS is not involved in the actual
communications between Users. As a
result, EXCELEAS has no control over the accuracy, reliability, completeness,
or timeliness of the User Content submitted on the Site and makes no
representations about any User Content on the Site.
Note that there are risks, including but
not limited to: the risk of physical harm, of dealing with strangers, underage
persons or people acting under false pretenses. You assume all risks associated with dealing
with other users with whom You come in contact through the Site. By its very nature other people’s information
may be offensive, harmful or inaccurate, and in some cases will be mislabeled
or deceptively labeled. We expect that
You will use caution and common sense when using the Site.
Because User authentication on the Internet is difficult, EXCELEAS cannot and
does not confirm that each User is who they claim to be. Because we do not and cannot be involved in
User-to-User dealings or control the behavior of participants on the Site, if
You have a dispute with one or more Users, You release EXCELEAS (and our agents
and employees) from claims, demands and damages (actual and consequential and
direct and indirect) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes to the fullest extent permitted by law.
The Site and the EXCELEAS Information
may contain inaccuracies or typographical errors. EXCELEAS makes no representations about the
accuracy, reliability, completeness, or timeliness of the Site or the EXCELEAS
Information. The use of the Site and the
EXCELEAS information is at Your own risk. Changes are periodically made to the Site and
may be made at any time. EXCELEAS cannot
guarantee and does not promise any specific results from use of the Site. No advice or information, whether oral or
written, obtained by a User from EXCELEAS or through or from the Site shall
create any warranty not expressly stated herein.
If You are a California resident, You
waive California Civil Code Section 1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect to exist
in his or her favor at the time of executing the release, which if known by him
or her must have materially affected his or her settlement with the
debtor."
You should keep a back-up copy of any of
Your User Information. To the extent
permitted by law, in no event shall EXCELEAS be liable for the deletion, loss,
or unauthorized modification of any User Content.
If You
believe that something on the Site violates these Terms, please contact
EXCELEAS by calling (844) 392-3532 or by emailing support@exceleas.com.
If notified of any content or other materials which allegedly do not conform to
these Terms, EXCELEAS may in its sole discretion investigate the allegation and
determine whether to remove or request the removal of the content. EXCELEAS has no liability or responsibility to
Users for performance or nonperformance of such activities.
8. Disclaimer
of Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELEAS DOES NOT
WARRANT THAT THE SITE OR ANY SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE
AND THE SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, EXCELEAS IS
NOT RESPONSIBLE FOR THOSE COSTS. THE
SITE AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. EXCELEAS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. EXCELEAS
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF ANY CONTENT, INFORMATION, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS.
9. Disclaimer
of Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY LAW,
IN NO EVENT SHALL EXCELEAS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE ANY EXCELEAS SITE AND THE CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
EXCELEAS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Limitation
of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW,
EXCELEAS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR
YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN
CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT, INDIVIDUALLY OR IN
THE AGGREGATE, EXCEED $1.00.
11. Links to Other Sites
The Site contains links to third-party websites.
These links are provided solely as a
convenience to You and not as an endorsement by EXCELEAS of the contents on
such third-party websites, and EXCELEAS does not warrant the veracity or
accuracy of any information on any third-party website. You access linked third-party websites
entirely at Your own risk.
12. No Resale or Unauthorized Commercial Use
You agree not to resell or assign Your
rights or obligations under these Terms. You also agree not to make any unauthorized
commercial use of this Site.
13. Indemnity
You agree to
defend, indemnify, and hold harmless EXCELEAS, its officers, directors,
employees, representatives and agents, from and against
any claims, actions or demands, including without limitation, reasonable legal
and accounting fees, alleging or resulting from (i) any User Content or other
material You provide to the Site, (ii) Your use of any Content, or (iii) Your
breach of these Terms. EXCELEAS shall
provide notice to You promptly of any such claim, suit, or proceeding.
14. General
EXCELEAS does not claim that its Site
and Information may be lawfully viewed or accessed outside of the United
States. Access to the Site and
Information may not be legal by certain persons or in certain countries. If You access the Site outside the United
States, You do so at Your own risk and You, not EXCELEAS, must comply with the
laws of Your jurisdiction. Any software
downloaded from the Site is further subject to United States export control
laws, and may not be downloaded or otherwise exported or re-exported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria
or any other country to which the U.S. has embargoed goods or (ii) to any
individual or entity on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, You
state that You are not located in, under the control of, or a national or
resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal
substantive laws of the Commonwealth of Pennsylvania, without respect to its
conflict of laws principles. Jurisdiction
for any claims arising under this agreement shall lie exclusively with the
state or federal courts within Pittsburgh, Pennsylvania (Allegheny County). If any court having competent jurisdiction
finds any provision of these Terms to be invalid, the invalidity of that
provision or provisions shall not affect the validity of the remaining
provisions of these Terms, which shall remain in full force and effect. A party’s waiver of any term of these Terms
shall not be deemed an additional or continuing waiver of the term or any other
term. Further, EXCELEAS’ failure to
enforce any term of these Terms shall not be deemed as a waiver of the term or
otherwise affect EXCELEAS’ ability to enforce that term at any future point. Except as expressly provided in an additional
agreement, additional Terms for certain areas of the Site, a particular
"Legal Notice," or software license or material on particular pages
on the Site, these Terms constitute the entire agreement between You and EXCELEAS
with respect to the use of the Site. No
changes to these Terms shall be made except by a revised posting on this page.
15. Mobile Services
If You use the Site through a mobile device, You agree
that information about Your use of the Site may be communicated to us,
including but not limited to: Your mobile carrier, Your mobile device, or Your
physical location. Also, use of the Site
through a mobile device may cause data to be displayed on and through Your
mobile device. By accessing the Site
using a mobile device, You represent that if You import any of Your EXCELEAS
data to Your mobile device that You have authority to share the transferred
data with Your mobile carrier or other access provider. If You change or deactivate Your mobile
account and change your mobile number, You must promptly update Your EXCELEAS
account information to ensure that Your messages are not sent to the person
that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all
charges and necessary permissions related to accessing the Site through Your
mobile access provider.
By using the site, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at
16. Term and Termination
These Terms will remain in full force and effect while
You use the Site. EXCELEAS may, at its
sole discretion, pursue any or all of its legal remedies, including but not
limited to: removal of Your information from the Site and the immediate
termination of Your registration and access to the Site and/or any other
services provided to You by EXCELEAS, upon any breach by You of these Terms, or
if EXCELEAS is unable to verify or authenticate any information You submit to
EXCELEAS. Even if You no longer use the Site, certain
provisions of these Terms will remain in effect, including THIS Section 16, and
Sections 5 through 10, and Section 12 through 17, inclusive.
17. Miscellaneous Information
If You violate these Terms, EXCELEAS may suspend or terminate your
account in EXCELEAS’ sole and absolute discretion.
Last revision
effective April 2021.