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TERMS AND CONDITIONS OF USE CALIFORNIA ASSOCIATION OF TACTICAL OFFICERS WEBSITES
By accessing or using any of the California Association of Tactical Officers (CATO) Internet properties including, without limitation, catotraining.org, and any others released by CATO from time to time (collectively referred to as the CATO websites) you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as the CATO Privacy Policy and Code of Conduct, which are incorporated by this reference. If you do not agree to these Terms of Use, the Privacy Policy and Code of Conduct, you must immediately terminate your use of the CATO websites.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non- transferable license to access and use the CATO websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the CATO websites and the CATO Content (as defined below) for your noncommercial personal use and for no other purpose. The CATO reserves the right to bar, restrict or suspend any user/s access to the CATO websites, and/or to terminate this license at

any time for any reason. The CATO reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive the CATO’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the CATO websites, any CATO Content (as defined below), or any portion thereof. Further, you may not (i) use the CATO websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the CATO websites, including CATO Content; (ii) interfere with the proper working of the CATO websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person/s use and enjoyment of the CTO websites.

3. Your Acceptance; Revisions to Terms of Use. The CATO websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the CATO regarding your use and access to the AMA websites. By using the CATO websites you agree to the Terms of Use. The CATO reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the CATO websites. Your use of the CATO websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the CATO websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which the CATO had actual notice on or before the date of any such revision.

4. Additional Terms and Conditions. The CATO Privacy Policy, Code of Conduct, as well as additional terms and conditions applicable to certain portions of the CATO websites (collectively Additional Terms and Conditions) are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5. Click-Through Agreements. Before using certain areas of the CATO websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click- Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.

6. Personal Login Information. Certain features and areas of the CATO websites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password (Personal Login Information), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The CATO is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact CATO immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

7. Privacy Policy. For information about the CATO’s data protection practices and the use and protection of your personal information, please read the CATO Privacy Policy which is incorporated into and made a part of these Terms of Use.

8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the CATO websites and not interfere with the use and enjoyment of the CATO websites by other users or with the CATO’s operation and management of the CATO websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the CATO websites, including, without limitation, information required to be provided through an CATO registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the CATO reserves the right to terminate your access and use of the CATO websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the CATO websites, or defame or otherwise harm any party, including the CATO, through your use of the CTO websites.

9. User-Generated Content. The CATO does not claim ownership of content that you post on or through the CATO websites, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). When submitting User- Generated Content, you will abide by the Code of Conduct. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to the CATO a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to the CATO’s Privacy Policy.

10. Proprietary Rights. The content of the CATO websites includes, without limitation, (i) the CATO's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively CATO Marks); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the CATO websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as CATO Content). CATO Content is the property of the CATO, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any CATO Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the CATO or the owner of such content if the CATO is not the owner. Any use of the CATO Marks without the CATO’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the CATO Content, including any such notices appearing on any CATO Content you are permitted to download, transmit, display, print, or reproduce from the CATO websites.

11. Feedback. If you send or transmit any communications or materials to CATO by mail, email, telephone, or otherwise, suggesting or recommending changes to CATO intellectual property, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (Feedback), CATO is free to use such Feedback irrespective of any other obligation or limitation between you and CATO governing such Feedback. You hereby assign to CATO all right, title, and interest in, and CATO is free to use without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although CATO is not required to use any Feedback.

12. Responsibility for Use of the Internet and the CATO websites. Use of the Internet and the CATO websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The CATO does not guarantee the confidentiality or security of any communication or other material transmitted to or from the CATO websites over the Internet or other communication network. The CATO shall not be obligated to correct or update the CATO websites, the CATO Content or the User-Generated Content and the CATO shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the CATO websites.

13. Disclaimer. CATO Content is provided for informational purposes only, is believed to be current and accurate at the time of posting, and is not intended as, and should not be construed to be, legal, financial, medical, or consulting advice. Physicians and other qualified health care practitioners should exercise their professional judgment in connection with the provision of services and should seek legal advice regarding any legal questions. References and links to third parties do not constitute an endorsement or warranty by the CATO and CATO hereby disclaims all express and implied warranties of any kind.

14. Confidential Information. The CATO websites, including any public forums which you may access via the CATO websites, may contain confidential information. State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to confidential information that may limit your ability to receive, disclose, or make use of this information, including transmitting law enforcement sensitive information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of such information. You are solely responsible for obtaining and maintaining any applicable organizations or person’s consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of confidential information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of such information.

15. CATO Surveys. From time to time, you may participate in a survey conducted by or on behalf of the CATO using one or more assessment tools (each, a “Survey” and collectively, the “Surveys”). If a Survey includes terms of participation that are specific to such Survey, those terms of participation specific to the Survey shall prevail in all instances unless the specific terms are silent on a topic addressed by these Terms of Use. Surveys allow you to submit and transmit responses and other content in response to Survey questions (“User Contributions”). CATO and CATO-authorized designees, including the third party that hosts the Survey and User Contributions (collectively “CATO Designees”) may use data collected from Surveys in accordance with these Terms of Use, but only for activities related to the CTO’s mission, as determined in CATO’s sole discretion (the “Scope”). Your User Contributions may be shared with third parties in an aggregated manner for research, organizational insights, and other activities within the Scope.

These Terms of Use govern the Surveys and your User Contributions. By participating in one or more Surveys, you irrevocably agree to be bound by the terms and conditions in these Terms of Use and to the CATO’s interpretation of these terms and conditions. If you object to these terms, your only remedy is to discontinue your participation in the Surveys. All User Contributions you make are considered User-Generated Content, as defined in Section 9. User Contributions will not be returned. By participating in one or more Surveys and providing User Contributions, you authorize, consent, acknowledge, and permit the CATO and CATO Designees to access, receive, collect, create, use, store, reproduce, modify, analyze, transmit, and disclose your User Contributions, including personal data that may be identifiable to you, in accordance with these Terms of Use for purposes within the Scope. You are wholly responsible for your participation in any Survey and for User Contributions and you participate at your own risk. You represent and warrant that you own or control all rights in and to the User Contributions and have the authority to provide the rights above to the CATO, and that all of your User Contributions do and will comply with the Privacy Policy. You acknowledge that the CATO is not responsible for, and accepts no liability in relation to, your participation in a Survey, any User Contribution you transmit or post, the disclosure of any User Contribution in accordance with these terms and conditions, or your conduct in connection with a Survey.

16. Third Party Information. The CATO websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the CATO websites are those of the respective third party and not of the CATO or its affiliates. The CATO makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

17. Advertisers. The CATO websites may contain advertisements of third parties. The inclusion of advertisements on the CATO websites does not imply endorsement of the advertised products or services by the CATO. The CATO shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the CATO websites. Further, the CATO shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the CATO websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

18. Links to Third Party websites. The CATO websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which the CATO exercises no control. The appearance of any such third party links (provided by the CATO or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the CATO websites, you do so entirely at your own risk.

19. Links to CATO websites and CATO Content. Links posted by third parties to the CATO websites and/or CATO Content may not use the CATO trademark or logo and shall not suggest that the CATO promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the CATO websites shall be the responsibility of the linking party. The CATO reserves the right to require any linking party to disable or remove any link that violates the CATO's rights or causes interruption or deterioration of CATO Content.

20. Warranties Disclaimed. THE CATO WEBSITES AND CATO CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”; NEITHER THE CATO, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “AMA PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE AMA WEBSITES OR AMA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE AMA WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CATO WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) CATO CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE CATO WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

22. Limitation of Liability. THE CATO PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE CATO WEBSITES AND/OR ANY CATO CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE CATO WEBSITES AND/OR CATO CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE CATO WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE CATO WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CATO WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE CATO WEBSITES ARISING OUT OF CAUSES BEYOND THE CATO’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE CATO CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE CATO WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE CATO WEBSITES OR CATO CONTENT. In the event you are dissatisfied with, or dispute, these Terms of Use, the CATO websites and/or the CATO Content, your sole right and exclusive remedy is to terminate your use of the CATO websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that the CATO has no other obligation, liability or responsibility to you or any other party.

23. Exclusions permitted by law. SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND CATOS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

24. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the CATO Parties from and against all claims arising from or in any way related to your use of the CATO websites and/or CATO Content, a violation by you of these Terms of Use, or any other actions connected with your use of the CATO websites and/or CATO Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. The CATO will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the CATO Parties other than under this Section.

25. Term and Termination. These Terms of Use will take effect at the time you begin using the CATO websites. The CATO reserves the right, with or without notice, at any time and for any reason to deny you access to the CATO websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use the CATO website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the CATO websites, including any CATO Content, in your possession.

26. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) the CATO websites, and iv) any products and services accessed or purchased through the CATO websites shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the state of California civil courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. The CATO reserves all rights and remedies available to it in law or equity. Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Southern District of California or any State of California court located in Orange County, California.

27. Governing Law. These Terms of Use and all matters regarding your use of the CATO websites shall be governed by, construed in accordance with, and enforced under the laws of the State of California applicable to contracts made and executed and wholly performed in the State of California, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies, and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

28. Waiver and Severability. The failure of the CATO to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

29. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the CATO relating to the CATO websites and its use by you, and supersedes any previous written or oral communication regarding use of the CATO websites.

30. Contact Information. If you have any questions or concerns regarding these Terms of Use or the CATO websites, please visit our Contact Us page.

31. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the CATO websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

32. Use of CATO websites and CATO Content outside of the United States. The CATO makes no claims regarding access or use of the CATO websites or the CATO Content outside of the United States. If you use or access the CATO websites or the CATO Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.

Revised February 202