The Suffolk County District Attorney’s Office Web Site (the "Site") is an online information service provided by the Office of the Suffolk County District Attorney, Suffolk County New York ("SCDAO"), and access to and use of the Site is subject to your compliance with the terms and conditions set forth below in addition to all applicable laws.
Please read these terms & conditions of use carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, do not access or use the site.
This site is provided for informational purposes only and is not intended to provide legal advice or assistance. Users should consult with an attorney regarding specific legal concerns addressed generally herein.
SCDAO AND/OR THE COUNTY OF SUFFOLK AND/OR ITS RESPECTIVE AFFILIATES, CONTENT SUPPLIERS OR THIRD PARTY LICENSORS DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE CONTENT, SUITABILITY, ADEQUACY, USEFULNESS, QUALITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIALS ACCESSIBLE ON THE SITE OR OTHERWISE CONTAINED ON THE SCDAO AND/OR THE COUNTY OF SUFFOLK SERVER OR THROUGH LINKS TO OTHER WEB SITES OR SERVERS, INCLUDING BUT NOT LIMITED TO: TEXT, GRAPHICS, APPLICATIONS, DATABASES, SERVICES, OR ANY OTHER INFORMATION OR MATERIALS, NOR SHALL THE COUNTY OF SCDAO AND/OR THE COUNTY OF SUFFOLK ASSUME ANY LEGAL LIABILITY FOR THE CONTENT, SUITABILITY, ADEQUACY, USEFULNESS, QUALITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS OF SAID INFORMATION AND MATERIAL.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SCDAO AND/OR THE COUNTY OF SUFFOLK PROVIDES THE SITE AND RELATED INFORMATION "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SCDAO AND/OR THE COUNTY OF SUFFOLK AND/OR ITS RESPECTIVE AFFILIATES, CONTENT SUPPLIERS OR THIRD PARTY LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE AND SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR ON THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED ON THE SITE OR ON THE INTERNET GENERALLY. SCDAO AND/OR THE COUNTY OF SUFFOLK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED OR THE SERVER WHICH MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND FURTHER THAT THE EXPANSIVE AND UNREGULATED NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. SCDAO AND/OR THE COUNTY OF SUFFOLK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
IN NO EVENT WILL SCDAO AND/OR THE COUNTY OF SUFFOLK AND/OR ITS RESPECTIVE AFFILIATES, CONTENT SUPPLIERS OR THIRD PARTY LICENSORS BE LIABLE FOR:
(1) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, AND THE LIKE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR TRANSACTIONS, EVEN IF SCDAO AND/OR THE COUNTY OF SUFFOLK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH OR FROM THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SCDAO AND/OR THE COUNTY OF SUFFOLK’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Modification of Terms & Conditions of Use.
SCDAO may modify these Terms & Conditions of Use at any time without specific notice to you, and such modifications shall be effective immediately upon posting of the modified Terms & Conditions of use on the Site. You agree to review these Terms & Conditions of use periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms & Conditions of Use.
Copyright, Licenses and Idea Submissions.
The entire content included on the Site, including but not limited to text, graphics, logos, icons, images, audio, video or software is protected under United States and international copyright laws. The owners of the copyrights are SCDAO, the County of Suffolk, New York, its affiliates, content suppliers or other third party licensors. The compilation of the content of the Site is exclusive property of SCDAO and is protected under United States and international copyright laws. Unless otherwise specified, you may not modify, copy, reproduce, republish, download, post, transmit, distribute, or create derivative works from, in any manner, the Site or any material on the Site, including but not limited to, any text, graphics, code and/or software, for any commercial purpose not expressly permitted by SCDAO. Subject to any expressly stated restrictions or limitations relating to specific material, you may print and download portions of material from the different areas of the Site solely for your own personal and non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials or to modify such materials in any way.
You agree to grant to SCDAO a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to SCDAO by all means and in any media now known or hereafter developed. You also grant to SCDAO the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against SCDAO for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SCDAO
All trademarks, service marks and trade names used in connection with the publications, products, content or services referenced herein or on the Site are proprietary to and the exclusive property of SCDAO and/or the County of Suffolk and/or licensed to SCDAO and/or the County of Suffolk . Such trademarks, service marks and trade names are protected by common law and/or federal trademark law and may not be used in violation of Suffolk County, New York's or any of its licensors' rights.
No Unlawful or Prohibited Use.
As a condition of your use of the Site, you warrant to SCDAO that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Harassment in any manner or form on the Site or through the Site is strictly forbidden. Impersonation of others on the Site is prohibited. You may not upload to, distribute, or otherwise publish through or on the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by SCDAO and/or the County of Suffolk does not operate, control or endorse any information, products or services on the Internet in any way. Except for SCDAO and/or the County of Suffolk identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with SCDAO and/or the County of Suffolk. You also understand that SCDAO and/or the County of Suffolk cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other malicious code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for reconstruction of any lost data. The content or information included in or available through this web site may include inaccuracies or typographical errors. If any content or information is made inaccurate or incomplete due to typographical errors, SCDAO and/or the County of Suffolk shall have the right to correct such typographical errors and shall not be liable or responsible for any damages resulting there from.
SCDAO and/or the County of Suffolk does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, SCDAO and/or the County of Suffolk is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. This is particularly vital regarding any communication to the Site regarding alleged criminal activity or communications regarding an ongoing criminal matter.
However, SCDAO and/or the County of Suffolk reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Suffolk County, New York at its sole discretion.
Communications to SCDAO and/or the County of Suffolk via the Site shall in no way be deemed to constitute legal or official notice to SCDAO and/or the County of Suffolk its agencies, officers, employees, representatives or agents with respect to any existing, pending or future event, application, motion, challenge, objection, complaint, petition, writ, requests for equitable relief, claim, cause of action or demand of any type against SCDAO and/or the County of Suffolk or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, state or local law. Nor shall communications to SCDAO be deemed to constitute legal or office notice for any other purpose.
Links to Third Party Web Sites.
You agree to indemnify, defend and hold harmless SCDAO and/or the County of Suffolk, its officers, directors, employees, agents, licensors, suppliers and any third party information or content providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms & Conditions of Use or any activity related to use of the Site (including intentional, negligent or wrongful conduct) by you or any other person accessing the Site using your computer or Internet account.
Any provisions of these Terms & Conditions of Use that are for the benefit of SCDAO and/or the County of Suffolk and its officers, directors, employees, agents, licensors, suppliers, and any third party information or content providers to the Site shall have the right to assert and enforce those provisions directly against you on its own behalf.
Termination; Access Restriction.
SCDAO and/or the County of Suffolk reserve the right, in its sole discretion, to terminate or refuse your access to the Site and the related services or any portion thereof, without notice, if SCDAO and/or the County of Suffolk believes that your conduct violates these Terms & Conditions of Use or applicable law or is harmful to the interests of SCDAO and/or the County of Suffolk or its affiliates or other users of the Site. The provisions relating to copyrights, trademarks, disclaimers, limitations of liability, and indemnification shall survive termination.
These Terms & Conditions of Use shall be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in the State of New York without regard to conflicts of law principles. You agree that any legal action or proceeding between SCDAO and/or the County of Suffolk and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court or competent jurisdiction sitting in the County of Suffolk, New York. Notice of any claim or cause of action you feel you may have due to the operation of the site must be given within 90 days of the triggering event. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SCDAO and/or the County of Suffolk's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SCDAO and/or the County of Suffolk may assign its rights and duties under this Agreement to any party at any time without notice to you.