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Kilo Sierra Web Site -ROR-
Version 1.0, Release 24 Dec 2007
Overview. As a visitor here at Lee's EPDR Support Web Site (“This Site”), you are strongly urged to carefully read this entire Terms of Use document because it is a legal Agreement that governs your rights and responsibilities in accessing This Site.
Lee Knoper, the owner and Webmaster of This Site, reserves the right to modify this Agreement at any time without notice. Accessing This Site constitutes your acceptance of whichever version of this Agreement is in effect at that time. This Agreement references selected external documents, which should also be consulted for an overall understanding.
BY ACCESSING THIS SITE, YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT
A. DefinitionsB. Purpose of This SiteC. Audience Suitability 1. Note to ParentsD. Who Can Access This SiteE. Access LimitationsF. Content OwnershipG. Copyright ApplicabilityH. DisclaimersI. Terms of ServiceJ. Privacy 1. Tracking 2. Cookies 3. Privacy of ChildrenK. LiabilityL. Limitation of LiabilityM. Legal Policy 1. Venue 2. Remedies 3. Statute of LimitationsN. IndemnificationO. Notice of ViolationP. Miscellaneous Issues
EPDR is an acronym for Emergency Preparedness and Disaster Response. The topic encompasses threat assessment, vulnerability assessment, risk aversion and incident mitigation as part of the broader subject of risk management.
“Lee's EPDR Support Web Site” (alternately mentioned in this document as “This Site”) refers to an avocational Web site produced and maintained by Lee Knoper, the owner and Webmaster, at URI http://www.scn.org/~bq450.
“Visitor” refers to any entity that accesses This Site, whether of biological or robotic origin.
“Service” refers to any feature or benefit that involves elevated Visitor interaction with This Site – that is, beyond merely capturing information or downloading a file. These items include (but are not limited to) computer-based networking, participation in polls or forums, and other interactive features.
“Product” refers to anything that can be downloaded or otherwise obtained from This Site in the form of a computer file for individual use or for subsidiary distribution (as applicable). These items include (but are not limited to) news and information, text files, capture logs, formatted documents (such as reports, white papers and Web pages), forms, templates, spreadsheets, databases, audio material (such as voice or music files), visual material (such as photographs, images, screen shots, videos, diagrams, charts, slides or slide presentations), software source code or object code, or other items that may be made available.
“Original Content” refers to any Product that is originated by Lee Knoper, the owner and Webmaster of This Site.
“Cookies” are coded markers that may be placed on the Visitor's computer when visiting a Web page that uses this tool. Cookies are used to aid or track Visitor navigation. Cookies may be “session only” or “persistent” (i.e., remaining after a session has ended). On This Site, the tracking of Visitor navigation (when used) is implemented solely for the purpose of improving feature availability and page coding – not for any kind of personal surveillance. This Site currently does not use cookies.
This Site serves multiple purposes:
It is a source of news and information concerning the core concepts of Emergency Preparedness and Disaster Response activities as they relate to personal risk management.
It spotlights emerging concepts and their application to EPDR doctrine, strategy and operations.
It is intended to challenge thinking, examine provocative theory, seek alternative constructs, facilitate dialog, elicit collaboration, and research and develop operational models for both personal and public risk management.
This Site is intended for mature, responsible individuals of young adulthood and older ages.
This Site uses the SafeSurf system for online content rating. In general, most of the content should be suitable for mature, responsible young adults. Possible exceptions relate to coverage of crime statistics and personal survival in extreme circumstances. The presentation of these topics is not inherently offensive; certainly the language has been sanitized for This Site. Nevertheless, these topics tend to reflect realities that may be at odds with popular but erroneous notions, or their discussion may offend personal sensitivities. For the purpose of obtaining the SafeSurf page ratings, these topics have been identified as Technical Reference material.
This Site may be accessed by anyone who is at least 13 years old.
Individuals under the age of 13 years are expressly prohibited from accessing This Site.
In the interest of facilitating parental oversight, individuals between the ages of 13 and 18 years, inclusive, are encouraged to consult with a parent or guardian prior to, or while, accessing This Site.
In accessing This Site, the Visitor is strictly prohibited from engaging in any activity that does not constructively contribute to the Mission Objectives, or that violates U.S. state or federal law. Such activity may include (but is not limited to) denial of service attack, page defacement, code tampering, diversion or hijacking of access, phishing, pharming, identity theft, libel, defamation, harassment, stalking, invasion of privacy, spam, commercial solicitation other than in a signature block (not to exceed five lines, each having 80 characters or less), unauthorized security probing or penetration, unauthorized disclosure, theft or misuse of protected content, infringement of intellectual property rights, transmittal of hateful, obscene or pornographic material, and interference in the administration of This Site or in the enforcement of this Agreement. Violators may be subject to civil or criminal action. For the purpose of this Agreement, these and similar prohibited actions constitute abuse.
This Site respects intellectual property, the associated ownership rights and attribution conventions. All content found on This Site is owned by the respective source(s) or originator(s), who may also elaborate on the permissible use of their respective works. Except where less restrictive limits are noted, permissible use is generally restricted to “fair use” excerpts and reference citations.
Except where otherwise indicated, all of the Web pages of This Site and all of the original content on This Site are copyrighted by Lee Knoper, with all rights reserved. The copyright notice for certain technical information, such as programming source and object code, may further indicate “General Technical Data Restricted (GTDR).”
Three exceptions exist: 1) material released to the public domain in the spirit of fostering the Internet community and the personal interactive dynamic of the Internet, 2) material covered by some version of Creative Commons license, and 3) material covered by some form of open source licensing (e.g., General Public License), typically as part of a group endeavor.
Reference to any original content of This Site requires attribution and a link to the source that is valid at the time of citation.
Copyright violators may be subject to civil and criminal action.
News and other information presented on This Site is intended only to inform and educate the Visitor. It is presented "as is" with no representations and no warranties, express or implied. It is intended to provide broad guidance within the framework of generally accepted principles and practices, but it is NOT intended to offer any kind of personalized advice.
The Visitor is strongly cautioned to perform due diligence by researching other sources of relevant topical information and consulting suitably qualified counsel before applying to their personal situation any information found on This Site.
The appearance of third party content on This Site is an academic or informational convenience only, and not necessarily an endorsement of that content in whole or in part, or of its originator(s).
Lee Knoper, the owner and Webmaster of This Site, specifically disclaims all liability for the consequences of any action taken or avoided based on information found on This Site. The Visitor is solely responsible for his or her own actions.
In no event shall Lee Knoper, the owner and Webmaster of This Site, be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use This Site or any of its content.
These disclaimers apply, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any error, omission, interruption, deletion, defect, availability or unavailability of service, performance deficiency, network impairments, computer pathogens, theft, destruction, third party abuse, or unauthorized alteration of content.
The Visitor agrees that engaging in any action defined as abuse in Section E – Access Limitations, above, is grounds for being barred from future access, and may result in a civil or criminal action against the offender.
Lee Knoper, the owner and Webmaster of This Site, in his sole and absolute discretion, and assuming no liability for any errors or omissions, reserves the right to: 1) limit or bar access by offending Visitors to This Site without notice, and 2) remove or replace without notice any materials found on This Site.
In general, This Site does not solicit personally identifiable information from Visitors. [At present there is no venue (for example, a forum or mailing list) in which Visitor-provided information might even be submitted.] Except as indicated below, or as otherwise agreed upon, all communications with the Webmaster are considered privileged and confidential, in accordance with generally recognized netiquette. This handling is incumbent on both the Webmaster and on the Visitor who is corresponding with the Webmaster.
This Site does not willfully or knowingly solicit or collect personally identifiable information from any individuals under the age of 13 years, or about any individuals under the age of 18 years.
Lee Knoper, the owner and Webmaster of This Site, reserves the right to: 1) use any available information about a Visitor to initiate a civil or criminal action if that Visitor has violated this Terms of Use Agreement, and 2) release information about a Visitor to law enforcement authorities as may be required by a duly served subpoena.
The Webmaster has access to the Webhost server log for only the number of page hits, the date and time stamp, and the visitor's domain. Because this information is of limited usefulness in managing This Site, some of the pages have been coded to use a third party Web analytical service. This service logs the same detail as above, plus the referring URL, host name, country, region, city, ISP, browser, operating system, video resolution and whether Javascript is enabled. Lee Knoper, the owner and Webmaster of This Site, is a strong privacy advocate, and does not willfully or knowingly release any of this information to any third parties except as may be required by a duly served subpoena. The privacy policy of the Web analytical service is found here.
Cookies are tools. Like any tool, they may be used constructively or they may be used with malice. Most emphatically, the pages of This Site are NOT coded for intrusive or malicious use of cookies, should cookies even be used.
On rare occasions a special project on This Site may rely on cookies to perform some feature, to acquire some special metric, or to aid Visitor navigation. When cookies are used, every attempt is made to ensure that they are only session cookies. The Visitor should note, however, that cookies may remain on the Visitor's computer if the session terminates abnormally due to a technical development or a Visitor error. Setting the browser defaults to reject cookies generally will not adversely affect the Visitor experience on This Site. If the Visitor has privacy or security concerns about cookies, and does not have their Web browser defaults set to reject them, then he or she should clear all cookies after a session on This Site.
Cookies currently are not used on This Site.
Although this Site is neither commercial nor directed at children, it recognizes the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501-6506 (beginning here).
This Site has no interest in, does not solicit, and does not willfully or knowingly acquire, any uniquely identifiable personal information from individuals under the age of 13 years. If a Visitor under the age of 13 years somehow provides to This Site any such information, then upon discovery or notification (by the Webmaster, the Visitor, the Visitor's parents or legal guardians, or by law enforcement or criminal justice officials, as applicable), all such information will be destroyed.
The Visitor agrees that the use of This Site is entirely at the Visitor's own risk, and that the Visitor assumes sole responsibility for any taken or avoided, based on information found on This Site.
This Site's features are provided on an "as is" basis without warranty of any kind, either express, implied, constructive or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. The Visitor specifically agrees that Lee Knoper, the owner and Webmaster of This Site, will not be held liable for any use; misuse; problems; complications; loss of income, wealth or revenue; or other incidents that may result from applying information found on This Site, or as a result of other use of This Site or its contents.
In the event of any dispute or claim that arises concerning This Site, the Visitor agrees to first attempt amicable resolution through correspondence with Lee Knoper, the owner and Webmaster of This Site. The contact information appears in the “Contact Info & Page Status” block at the bottom of each Web page on This Site.
The Visitor agrees that any dispute or claim that arises concerning This Site must be brought in a court of competent jurisdiction in the County of Pima, State of Arizona [USA].
The remedy available to a complainant under any provision in this Agreement is limited to removal of the stimulus for a perceived offense, replacement of a corrupted file (if still possible), or receipt of an apology for any perceived errors or omissions, as applicable. The Visitor agrees to waive any indirect, consequential or speculative damages or claims for lost income or wealth.
Any cause of action by the Visitor must be initiated within one (1) year after the dispute or claim arises or else be forever waived and barred.
The Visitor agrees to indemnify and hold Lee Knoper and affiliates harmless from any liability, loss, claims, damages and expenses, including attorney's fees, arising from or related to the content, interpretation or application of information or features found on This Site, or provided by the Visitor by interacting with a feature of This Site, or as a consequence of the Visitor violating this Agreement.
This indemnification expressly includes any and all liability arising from: 1) the violation or infringement of proprietary or intellectual property rights, 2) any defamatory or unlawful material contributed by The Visitor.
The Visitor is encouraged to report violations of this Terms of Use Agreement to the Webmaster by e-mail. All such communications are handled according to the privacy conditions outlined in Section J – Privacy, above.
The Visitor agrees that in the event of any perceived ambiguity concerning any provision of this Agreement, he or she will contact Lee Knoper, the owner and Webmaster of This Site, for a more definitive determination. The contact information appears in the “Contact Info and Page Status” block at the bottom of each Web page on This Site.
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Please direct feedback concerning this PAGE to the document owner.[Note: Visitors using the Lynx browser can simply press the "c" (comment) key to offer feedback to the document owner.]Please direct feedback concerning this SITE to the Webmaster. Document owner: Lee KnoperYou are viewing URL: http://www.scn.org/~bq450/termsuse.htmPage last modified: 1634 UTC / 24 Dec 2007Copyright © 2007 by Lee Knoper – All rights reservedThis site is hosted by Seattle Community Net