Terms of Use - Advancing Pretrial Policy & Research (APPR)

These Terms of Use (“Terms”) govern and provide important information about your use of www.advancingpretrial.org and related or included content, services, resources, features, and applications, including but not limited to the APPR Community™, APPR Learning™, and PSA Scoring App™ platforms and services (the “Website”). “LJAF” means and refers to the Laura and John Arnold Foundation®. “CEPP” means and refers to the Center for Effective Public Policy, which manages and maintains the Website. “You” and “Your” refer both to (i) you, the individual using the Website, and (ii) any entity (including, but not necessarily limited to, any entity identified as part of the Website user registration process) on whose behalf you use the Website.

Subject to these Terms, the Website enables users to learn about pretrial justice and learn about and implement LJAF’s Public Safety Assessment™, or PSA® (the “PSA”). The PSA is a pretrial assessment that judicial officers can use when making pretrial decisions. The PSA uses neutral, reliable data to produce two scores: one predicting the likelihood of being arrested for a new crime if released pending trial, and another predicting the likelihood of failing to return for a future pretrial court hearing. Scores fall on a scale of one to six, with higher scores indicating a greater likelihood of failure. The PSA also flags cases that it calculates present an elevated likelihood of being arrested for a violent crime while on pretrial release. This information can help judicial officers gauge the likelihood of a person’s pretrial success or failure. However, the PSA only provides information that judicial officers may consider when making an independent release decision; it does not replace the judicial officer or impede discretion or authority in any way. The decision about whether to release or detain a person and any conditions of release always rests with the judicial officer.

Acceptance of Terms

Important: Your use of the website and the PSA is subject to these terms as presented to you here. By using the website, you agree to be bound by these terms. No changes (additions or deletions) to these terms will be accepted by LJAF or CEPP. If you do not agree to these terms, please do not use the website or the PSA.

LJAF and CEPP may change, add, or remove any part of these Terms or any part of the Website. In that event, such changes will be posted on the Website.

If any future changes are unacceptable to you, you should discontinue using the website. Your continued use of the website now, or following the posting of notice of any such changes, will indicate your acceptance of these terms as may be amended from time to time.

Your use of the Website is also subject to the Website’s posted Privacy Policy.

Availability of the Website

While LJAF and CEPP will make reasonable efforts to ensure that the Website is available at all times, neither LJAF nor CEPP guarantee, represent, or warrant that provision of the Website will be uninterrupted or error-free, and neither LJAF nor CEPP guarantee that users will be able to access or use all of the features at all times.

LJAF and/or CEPP may change, suspend, or discontinue any (or all) aspects of the Website at any time, including the availability of any related feature or project. LJAF and/or CEPP may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part, or all, of the Website, in all cases without notice or liability.

Service Eligibility

To be eligible to use the Website, you must meet the following criteria and do hereby represent and warrant that you:

are 13 years of age or older;
are not currently restricted or prohibited from using the Website;
assent to, accept, and will abide by these Terms.
have full power and authority to agree to these Terms and in doing so do not and will not violate any other agreement to which you are a party;
understand that the Website is provided to you AS IS; and
will not violate any rights of LJAF, CEPP, or any third party, including intellectual property rights such as, but not limited to, patent, copyright, or trademark rights.

Content & Intellectual Property, Generally

The Website contains, and may contain, copyrighted material, trademarks, and other proprietary information of LJAF or CEPP including, but not limited to, software (including but not limited to the PSA Scoring App), photos, graphics, data, narrative content, guides and other educational and/or instructional content, audio, presentational materials, and images. The Website may also contain copyrighted material, trademarks, and other proprietary information licensed by, or otherwise made available to, LJAF or CEPP from third-party content suppliers. Except as otherwise expressly permitted by these Terms, you agree not to unlawfully modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any copyrighted material or trademarks included on the Website. Except as otherwise expressly permitted by these Terms, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, modification, or commercial exploitation of any copyrighted or proprietary material included on the Website is permitted without the express permission of the copyright owner. In the event of any copying, redistribution, or publication of copyrighted material as permitted by these Terms, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.

By submitting, posting, or using content through or in connection with the Website, you are representing that you are the owner of such material or have authorization to use or distribute it. To the fullest extent permissible, you hereby grant LJAF and CEPP a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, perform, display, distribute, and publish any such content for the purposes of promoting, expanding, or improving the Website.

Nothing in these Terms shall be interpreted to limit in any way whatsoever, your rights under the fair use provisions of United States copyright law to make any fair use of the Website and any information available therein, or portions thereof, for non-commercial purposes. Further, nothing herein is intended to or shall limit you from using the Website for any non-commercial purpose otherwise permissible by applicable law.

LAURA AND JOHN ARNOLD FOUNDATION, LJAF, the LJAF logo, PUBLIC SAFETY ASSESSMENT, PSA, PSA SCORING APP, the PSA logo, ADVANCING PRETRIAL POLICY AND RESEARCH, APPR, APPR COMMUNITY, APPR LEARNING, CENTER FOR EFFECTIVE PUBLIC POLICY, and other LJAF or CEPP trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of LJAF OR CEPP. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of their respective owners. Except as expressly set forth elsewhere in these Terms, you are granted no right or license in any of the aforesaid trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Website (including materials that may be made available through the Website).

LJAF’s License to You for the PSA

LJAF’s license to you for the PSA depends on the capacity in which you use the Website and the PSA.

The Non-Commercial License applies to jurisdictions implementing the PSA, researchers, advocates, and other non-commercial Users.

The Commercial License applies to technical assistance providers, which are individuals or entities that aid jurisdictions in implementing and using the PSA.

Non-Commercial License

Some of the materials and instructions provided on the Website, as appropriately implemented and used, are intended to enable you to use the PSA. As mentioned above, PUBLIC SAFETY

ASSESSMENT, PSA, the PSA SCORING APP, and the PSA logo (collectively, the “PSA Marks”) are trademarks of LJAF. Additionally, all works of authorship, instructions, software (including but not limited to the PSA Scoring App), narrative content, or other forms of creative expression related to the PSA (collectively, the “PSA Materials”) contained in or made available through the Website are owned by LJAF.

Compliance with The PSA Core Requirements

Although flexible implementation of the PSA may be appropriate in addressing jurisdiction-specific issues in some circumstances, maintaining the integrity of the PSA requires uniform implementation with respect to certain requirements and protocols, which LJAF refers to as “the PSA Core Requirements.” Unless otherwise expressly permitted in writing by LJAF, the PSA Core Requirements must be followed. The PSA Core Requirements are the following:

The PSA and PSA Materials will be used in a manner consistent with instructions, templates, or other guidance provided by LJAF regarding: suitability for assessment with the PSA; data used to score the PSA; definitions of factors; weighting, inclusion, and exclusion of factors; formula for scoring or calculation of PSA score; information included in the pretrial assessment report; use of an automated system for calculation and scoring the PSA; and use of a quality assurance process for the PSA.
The PSA will be calculated for all people subject to a judicial pretrial release/detention decision and at the earliest possible point following custodial arrest; presented and considered at a person’s first court appearance (ideally no more than 24 hours after arrival in jail, as consistent with applicable laws and regulations) and any appearance during which a release/detention determination is made or release conditions are set or adjusted; and will not be used to replace the judicial officer or impede judicial discretion or authority in any way or be presented as the sole criterion in a release/detention determination.

Your permission to implement the PSA, use the PSA Materials, and/or use the PSA Marks is expressly conditioned on your adhering to and complying with the PSA Core Requirements. Accordingly, you hereby agree, represent, and warrant that you will adhere to and comply with the PSA Core Requirements in implementing the PSA, using the PSA Materials, and/or using the PSA Marks.

Additional Representations and Warranties

In addition to any other representations and warranties contained in these Terms, your authorization to use the Website and/or the PSA is contingent upon the following conditions, each of which you hereby acknowledge, represent, and warrant:

In the event you are using the Website, PSA Materials, and/or PSA on behalf of an entity or an entity implements the PSA based, in whole or in part, on your use of the Website, (including, but not necessarily limited to, any entity identified as part of the Website user registration process), that you have full power and authority to agree to these Terms on behalf of any such entity and in doing so do not and will not violate any other agreement.
That you understand and agree that the PSA is, and is intended as a decision-making aid for judicial officers; that the PSA does not, and is not intended to, replace the judicial officer or impede a judicial officer’s discretion or authority in any way; and that judicial officers are the ultimate arbiters of the decision to release or detain a person and any release conditions to be applied to each person.

What You Are Permitted to Do with The PSA Materials and The PSA Marks

Subject to the Terms, LJAF grants you a terminable, non-commercial, non-exclusive, non-sublicensable, non-transferable license to:

Distribute, copy, create derivative works of, and reproduce the PSA Materials solely to implement and use the PSA in accordance with the PSA Core Requirements. This license does not entitle you to the underlying source or object code for any software included in or related to the PSA Materials. With respect to any software included in or related to the PSA Materials, you hereby acknowledge and agree that neither LJAF nor CEPP has any obligation to provide any support or maintenance related to such software and that any support or maintenance related to such software that either LJAF or CEPP provides, either directly or indirectly, is, and shall be, provided at the sole discretion of either LJAF or CEPP without any obligation whatsoever to provide, continue, or modify any such support or maintenance. You further acknowledge and agree that any such support or maintenance, in the event it is provided, may be discontinued at any time in any manner by either LJAF or CEPP.
Use the PSA Marks solely in connection with your implementation and use of the PSA in accordance with the PSA Core Requirements.

You agree that you will not use any mark, name, logo, graphic, or design likely to cause confusion with the PSA Marks.

You agree that you will not in any way rebrand the PSA by using any other name or mark other than the PSA Marks to describe or refer to the PSA. You understand and agree that LJAF’s permission to you to implement and/or use the PSA is expressly conditioned on your sole use of the PSA Marks to refer to or describe such implementation and/or use of the PSA.

LJAF may terminate any and all permissions granted above and under these Terms in its sole discretion for any reason or no reason at all.

Ownership of Derivative Works

Subject to the Terms, you shall own all derivative works of the PSA Materials made by you or at your direction.

Your License to LJAF and CEPP

Subject to any applicable data privacy or other confidentiality restrictions, you hereby grant to LJAF and CEPP a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, non-commercial, sub-licensable license to possess, make, use, copy, distribute, demonstrate, and make derivative works of any work (including but not limited to any derivative work you create under these Terms), method, process, or procedure created by you in connection with your use (or on the basis of, whether in whole or in part, your use) of the PSA Materials.

LJAF’s Right to Audit Your Compliance

To maintain the integrity of the PSA, LJAF must be able to ensure that any party that has implemented the PSA, used the PSA Materials, and/or used the PSA Marks has done so in compliance with these Terms. Accordingly, you agree that you will provide LJAF or its designee access, upon twenty-one (21) calendar days’ notice, to implementation and process-related materials sufficient to demonstrate to LJAF’s sole satisfaction compliance with these Terms. In the event you fail, in LJAF’s sole determination, to demonstrate such compliance, LJAF shall be entitled to demand that you cease and desist claiming to implement the PSA and all use of the PSA Marks, and you hereby agree to comply with any such written demand within seven (7) calendar days of LJAF making such demand.

Implementation of the PSA and use of the PSA Materials and PSA Marks in compliance with these Terms does not, and is not intended to, replace judicial decision making or otherwise impede a judicial officer’s discretion or authority in any way and instead requires that, consistent with the PSA Core Requirements, the PSA will not be used to replace the judicial officer or impede judicial discretion or authority in any way or be presented as the sole criterion in a release/detention determination.

Commercial License

Some of the materials and instructions provided on the Website, as appropriately implemented and used, are intended to enable use of the PSA. As mentioned above, PUBLIC SAFETY ASSESSMENT, PSA, PSA SCORING APP, and the PSA logo (collectively, the “PSA Marks”) are trademarks of LJAF. Additionally, all works of authorship, instructions, software (including but not limited to the PSA Scoring App), narrative content, or other forms of creative expression related to the PSA (collectively, the “PSA Materials”) contained in or made available through the Website are owned by LJAF.

Compliance with The PSA Core Requirements

The PSA and PSA Materials will be used in a manner consistent with instructions, templates, or other guidance provided by LJAF regarding: suitability for assessment with the PSA; data used to score the PSA; definitions of factors; weighting, inclusion, and exclusion of factors; formula for scoring or calculation of PSA score; information included in the pretrial assessment report; use of an automated system for calculation and scoring the PSA; and use of a quality assurance process for the PSA.
The PSA will be calculated on all people subject to a judicial pretrial release/detention decision and at the earliest possible point following arrest; presented and considered at a person’s first court appearance (ideally no more than 24 hours after arrival in jail, as consistent with applicable laws and regulations) and any appearance during which a release/detention determination is made or bail is set or adjusted; and will not be used to replace the judicial officer or impede judicial discretion or authority in any way or be presented as the sole criterion in a release/detention determination.

Your permission to use the Website, use the PSA Materials, and/or use the PSA Marks in connection with aiding jurisdictions in implementing and using the PSA in accordance with the PSA Core Requirements is expressly conditioned on adherence to and compliance with the PSA Core Requirements. Accordingly, you hereby agree, represent, and warrant that you will adhere to and comply with the PSA Core Requirements in aiding jurisdictions in implementing and using the PSA, in using the PSA Materials, and/or in using the PSA Marks.

Additional Representations and Warranties

In the event you are using the Website, PSA Materials, and/or PSA on behalf of an entity or an entity provides technical assistance and implementation support related to the PSA based, in whole or in part, on your use of the Website, (including, but not necessarily limited to, any entity identified as part of the Website user registration process), that you have full power and authority to agree to these Terms on behalf of any such entity and in doing so do not and will not violate any other agreement.
That you understand and agree that the PSA is, and is intended as a decision-making aid for judicial officer; that the PSA does not, and is not intended to, replace the judicial officer or otherwise impede a judicial officer’s discretion or authority in any way; and that judicial officers are the ultimate arbiters of the decision to release or detain a person and any conditions to be applied to each person.
You own all right, title, and interest in or to, or possess valid and binding licenses for use of, all methods and/or property to be used by you in connection with any work you perform in connection with the PSA and the PSA Materials, and none of your work will violate or in any way infringe upon any rights of third parties, including, without limitation, any property, contractual, employment, proprietary information, or non-disclosure rights, or any copyright, patent, trademark, trade secret, or other proprietary rights.

What You Are Permitted to Do with The PSA Materials and The PSA Marks

Distribute, copy, create derivative works of, and reproduce the PSA Materials solely in connection with aiding jurisdictions (including marketing such of your services to jurisdictions) in implementing and using the PSA in accordance with the PSA Core Requirements. This license does not entitle you to the underlying source or object code for any software included in or related to the PSA Materials. With respect to any software included in or related to the PSA Materials, you hereby acknowledge and agree that neither LJAF nor CEPP has any obligation to provide any support or maintenance related to such software and that any support or maintenance related to such software that either LJAF or CEPP provides, either directly or indirectly, is, and shall be, provided at the sole discretion of either LJAF or CEPP without any obligation whatsoever to provide, continue, or modify any such support or maintenance. You further acknowledge and agree that any such support or maintenance, in the event it is provided, may be discontinued at any time in any manner by either LJAF or CEPP.
Use the PSA Marks solely in connection with aiding jurisdictions (including marketing such of your services to jurisdictions) in implementing and using the PSA in accordance with the PSA Core Requirements.

Restrictions on Your Use of The PSA Materials and The PSA Marks

Without limiting restrictions on uses and activity that are not expressly prohibited but also do not fall within the scope of rights and permissions set forth by these Terms, you hereby acknowledge and agree that these Terms do not in any way allow, but rather expressly prohibit:

Your commercial use of the PSA, the Website, the PSA Materials, and/or the PSA Marks in any manner other than in connection with aiding jurisdictions (including marketing such of your services to jurisdictions) in implementing and using the PSA in accordance with the PSA Core Requirements;
Your use, whether commercial or non-commercial, of the PSA, the Website, the PSA Materials, and/or the PSA Marks to create any similar software, or decompile, disassemble, or otherwise reverse engineer the PSA;
Your use, whether commercial or non-commercial, of the PSA, the Website, the PSA Materials, and/or the PSA Marks in connection with, or on behalf of, a jurisdiction that either does not possess a valid license from LJAF to use and implement the PSA or is, in LJAF’s sole determination, in violation of any agreement between that jurisdiction and LJAF, including any agreement between that jurisdiction and an LJAF licensee related to the PSA; and
Your use of any mark, name, logo, graphic, or design is likely to cause confusion with the PSA Marks.
Your rebranding of the PSA by using any other name or mark other than the PSA Marks to describe or refer to the PSA. You understand and agree that LJAF’s permission to you to implement and/or use the PSA is expressly conditioned on your sole use of the PSA Marks to refer to or describe such implementation and/or use of the PSA.

LJAF’s Right to Terminate Its License and Other Permissions Granted to You

Upon written notice to you, LJAF may terminate any and all license rights and other rights and permissions granted above and under these Terms in its sole discretion for any reason or no reason at all. Upon termination, all rights to use the PSA Materials and the PSA Marks as provided for under these Terms shall cease.

Ownership of Derivative Works

Subject to the Terms, you shall own all derivative works of the PSA Materials made by you or at your direction.

Your License to LJAF and CEPP

LJAF’s Right to Audit Your Compliance

To maintain the integrity of the PSA, LJAF must be able to ensure that any party that has implemented, or assisted with the implementation of, the PSA, used the PSA Materials, and/or used the PSA Marks has done so in compliance with these Terms. Accordingly, you agree that you will provide LJAF or its designee access, upon twenty-one (21) calendar days’ notice and subject to any applicable legal restrictions limiting LJAF’s access to certain data, to any and all documents, information, and communications created by you, used by you, relied upon by you or provided to you in connection with your implementing or assisting in implementing the PSA such that LJAF may assess, to its sole satisfaction, compliance with these Terms by you or any jurisdiction on whose behalf you have performed any work. In the event you fail, in LJAF’s sole determination, to demonstrate such compliance, LJAF shall be entitled to demand that you cease and desist claiming to implement the PSA, cease and desist all use of the PSA Marks, and/or cease and desist implementing or assisting in implementing the PSA. You hereby agree to comply with any such written demands within seven (7) calendar days of LJAF making such a demand.

Acceptable Use Policy Guidelines

Your use of the Website must conform to the requirements of the law, respect for the rights of other Website users and third parties, and these Terms. LJAF and/or CEPP reserves the right to terminate or restrict your access to the Website at any time, with or without cause for any reason. Events that are likely to trigger such measures include, but are not limited to, any breach of these Terms by you, your infringement of LJAF’s or others’ intellectual property, or any other circumstances which, in LJAF’s sole discretion, merit such measures.

Although this list is not exclusive, some commonly understood categories of inappropriate conduct are discussed below.

The Website may be used only for lawful and proper purposes. Posting, transmitting, promoting, using, distributing, or storing content that could subject LJAF or CEPP or other Website users to any legal liability or, in LJAF or CEPP’s sole determination, is offensive or in poor taste is not permitted.

Prohibited conduct includes:

Pretending to be anyone you are not—you may not impersonate or misrepresent yourself as another person (including celebrities), another user, an LJAF or CEPP employee, or a civic or government leader;
Using false statements to get, or to attempt to get, private information from other Website or Internet users;
Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement;
Posting or communicating obscene content;
Planning illegal activity, such as building a bomb or counterfeiting money;
Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs, or drug-related paraphernalia;
Using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website;
Probing, scanning, or testing the vulnerability of the Website or any network connected to the Website;
Reverse look-up or tracing (including attempted tracing) of any information on any other user of or visitor to the Website;
Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
Exploiting the Website, or any service or information made available or offered by or through the Website, in any way where the purpose or effect is to reveal any information, including but not limited to personal identification or information, other than your own information.
Harassing, threatening, or embarrassing another Website user, including unsolicited commercial communications;
Stalking another Website user (“cyberstalking”);
Transmitting, storing, or facilitating distribution of content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar, or (in a reasonable person’s view) objectionable;
If you are an adult, requesting personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team, or friends;
Posting content that defames, abuses, or threatens physical harm to others or yourself.

LJAF and CEPP reserve the right to cooperate with law enforcement authorities, including complying with warrants, court orders, and subpoenas. In addition, LJAF and CEPP reserve the right to comply with any civil court orders and/or subpoenas. If LJAF or CEPP decides to investigate or resolve possible misuse involving you or anything you do on or with the Website, LJAF and CEPP are entitled, except to the extent prohibited by applicable law, to disclose any information about you in their possession in connection with your use of the Website and anything you do with the Website to law enforcement or other government officials, as LJAF or CEPP in its sole discretion believes to be necessary or appropriate. LJAF and CEPP also reserve the right to remove content that, in their sole judgment, does not conform to these Terms. By your acceptance of these Terms and your use of the Website, you authorize LJAF and/or CEPP to take any such actions.

Please remember that these are only guidelines and the above examples are non-exclusive and in no way limit either LJAF’s or CEPP’s discretion.

In addition to the above, certain features of the Website (for example, the APPR Community ™ and the PSA Scoring App) may contain additional guidelines regarding the acceptable use of those features. Any such additional guidelines are included in these Terms.

Investigations

LJAF and CEPP reserve the right (subject to applicable law), in their sole discretion, to monitor all website features, projects, and content for the purpose of investigating violations of these terms.

When LJAF and/or CEPP become aware of possible violations, LJAF and/or CEPP may initiate an investigation, which may include gathering information from any user involved, any third party, and any complaining party.

During the investigation, any or all of your access to or use of the Website may be suspended or terminated and any involved or related content may be removed. If LJAF and or CEPP believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate content, warnings, and the suspension or termination of Website use or access.

If, as a result of any such investigation, either LJAF or CEPP believes that any criminal activity has occurred, LJAF and CEPP reserve the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

Links

Certain content, components, or features of the Website may include materials from third parties and/or hyperlinks to other websites, resources, or content. Because LJAF and/or CEPP may have no control over such third party sites and/or materials, you acknowledge and agree that neither LJAF nor CEPP is responsible for the availability of such sites or resources, that they do not endorse or warrant the accuracy of any such sites or resources, and that they shall in no way be liable or responsible for any content, advertising, products, or materials on or available from such sites or resources. You further acknowledge and agree that neither LJAF nor CEPP shall be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products, or materials on or available from such sites or resources.

Indemnity and Waiver

You agree that neither LJAF nor CEPP shall be liable in any event for any cause whatsoever regardless of the form of any claim or action (whether in contract or tort (whether, negligence, strict liability, or otherwise) or any other claim or cause of action) arising out of your usage of the website or the PSA, including without limitation for (a) any indirect, punitive, incidental, reliance, special, exemplary or consequential damages, or (b) any other damages in the aggregate in excess of $500.00

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless LJAF and CEPP, and their directors, officers, employees, and agents, and each of their affiliates, from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees and court costs) made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the website; your use of the PSA; your submission, posting, or transmission of content on the website; your breach of any representation, warranty, or obligation under these terms; or your violation of these terms.

You further agree (to the extent permitted by applicable law) to waive any claims you may have against LJAF and/or CEPP, hold LJAF and CEPP harmless, and indemnify LJAF and CEPP with respect to any claims relating to any action taken by either LJAF or CEPP as part of its investigation of a suspected violation of these terms or as a result of its finding or decision that a violation of these terms has occurred. This means that you cannot sue either LJAF or CEPP or recover any damages whatsoever from either LJAF or CEPP as a result of its decision to remove material from the website, to warn you, to suspend or terminate your access to the website, or to take any other action during the investigation of a suspected violation or as a result of either LJAF’s or CEPP’s conclusion that a violation of these terms has occurred. These waiver and indemnity provisions apply to all violations described in or contemplated by these terms.

Disclaimer of Warranties; Liability Limitations

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages. As such, to the extent such exclusions or limitations are specifically prohibited by applicable law, some of the exclusions or limitations set forth below may not apply to you.

You expressly agree that your use of, or inability to use, the website, the PSA, and/or the PSA materials is undertaken at your sole risk. The website, the PSA, and the PSA materials are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non- infringement.

Neither LJAF nor CEPP guarantees that any content, information, software, or other material accessible through the website or relating to the PSA will be error-free, complete or accurate, or free of viruses, “worms,” “trojan horses,” or other harmful components.

In no case shall LJAF or CEPP, or their subsidiaries, directors, officers, employees, associated entities, affiliates, agents, partners, licensors, or contractors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if LJAF or CEPP has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the website and/or the PSA; (ii) any changes made to the website or PSA or any temporary or permanent cessation of the website or any part thereof; (iii) the unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the website; (v) statements or conduct of any third party on the website; and (vi) any other matter relating to the website or the PSA. Neither LJAF nor CEPP endorses, warrants, or guarantees any third-party project or service offered through the website and neither LJAF nor CEPP will be a party to or in any way be responsible for monitoring any transaction between you and any third parties through the website. You hereby release LJAF and CEPP from any and all obligations, liability, and claims in excess of these liability limitations.

Legal Principles

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any claim or cause of action by you arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either LJAF or CEPP to insist in any one or more instance upon the performance of any of the provisions, covenants or conditions of this Agreement; to exercise any option herein contained; or to refuse or opt not to take any action in connection with the Website not otherwise required under these Terms shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants or conditions. Except as required by applicable non-U.S. local or national law, the laws of the State of Texas, United States of America, excluding its conflicts of law rules, govern these Terms and your use of the Website. Your conduct and use of the Website may be subject to other local, state, national (U.S. and non-U.S.), and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute arising from or regarding the Website, the PSA, or these Terms shall be brought and/or reside exclusively in either the federal or state courts for Harris County, Texas. You further agree and expressly consent to the exercise of personal jurisdiction in the Texas courts in connection with any such dispute, including any claim involving the Website, the PSA, these Terms, LJAF or its affiliates, related entities, subsidiaries, employees, contractors, officers, or directors.

Last Revised November 2021