MOSAIC Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the MOSAIC website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each visitor to the Site. "We, us and our" refer to the owners and administrators of MOSAIC THREAT ASSESSMENT SYSTEMS. "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable, or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us via the CONTACT US button on the Home page of the Site.

YOU AGREE BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

We provide an online portal to give visitors access to software and information which helps guide assessments in situations in which there is concern about violence. The System is called the Mosaic Threat Assessment System or MOSAIC Method (hereinafter MOSAIC). Please note that MOSAIC is used as part of assessments, often combined with extensive professional, legal, and other advice, as well as intuition and experience. MOSAIC does not and cannot substitute for the background and training professionals possess. Public access to this program by persons of limited or no training and experience is provided solely as an educational and informational tool, and does not constitute, nor do we make, any warranty about any specific results.

URGENT: IF YOU HAVE ANY CONCERN THAT YOU OR ANOTHER MAY BE IN DANGER OF IMMINENT ATTACK, HARM, INJURY, OR OTHER PERSONAL JEOPARDY, IMMEDIATELY CONTACT THE APPROPRIATE LOCAL LAW ENFORCEMENT AUTHORITIES. MOSAIC CANNOT REMOVE ANY RISK YOU MIGHT BE FACING, AND WE ARE NOT RESPONSIBLE FOR ANY CLAIM, INJURY, DEATH, OR OTHER DAMAGES WHICH MAY ARISE FROM THE USE OF THIS SITE AND/OR THE FAILURE BY ANY USER TO CONTACT THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES, WHETHER OR NOT RESULTING FROM THE USE OF THIS SITE.

Use of this Site involves the user inputting information. Any assessments done by you in MOSAIC relies upon information you input - and MOSAIC without your information is not likely to be of any value. At no time do we review anyone's answer selections or additional information. It is your information, and we will not be aware of its legal, technical, or other sufficiency or accuracy. This site does not draw legal conclusions, provide legal advice, or apply the law to the facts of any particular situation. Public use of MOSAIC is not a substitute for the experience, training and knowledge of trained law enforcement, investigative, psychological, security, or family counseling professionals. Use of MOSAIC on its own provides no direct protection to you for or against any risk of personal harm, injury, or death. Nothing entered by anyone within MOSAIC is reported by us to any law enforcement or other agency, nor are any results reviewed by us or any third person for any reason. You, the user, are solely responsible for the use to which your MOSAIC results and teachings are put.

MOSAIC is an evolving method based, in significant part, upon experience, research studies, publications, and other material that is constantly changing. We cannot guarantee that all information on the Site is completely current. Expert opinions and views change, and experts do not always agree with each other. Similarly, the results of research projects are often in conflict with previous projects, and there is no solid consensus about human behavior. Opinions and publications and statements are subject to differing interpretations, and when it comes to risk and violence, there is no universal consensus. The effectiveness of any assessment conducted with MOSAIC depends most of all on the quality of information supplied by the user. Accordingly, we make no warranty or guarantee regarding the accuracy of any conclusions or results the user might draw based upon user information. This Site is not intended to create any agency relationship, and your use of MOSAIC does not and will not create any agency relationship between you and us, nor between you and any parent, subsidiary, employee, owner or principal of any organization associated with MOSAIC. Use of the site does not constitute in any way the provision of advice or professional services of any kind by any organization associated with MOSAIC.

POLICIES

  1. Privacy Policy. We respect your privacy and permit you to completely control the treatment of your personal information. You enter it, you can delete it. We will not be reviewing any information you enter.

    When you access certain portions of the Site, you must provide an accurate email address as requested on the registration form. You will also be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You are not authorized to ever use another person's account, user name, or password. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You can be held liable for any losses incurred by us, or our affiliates, officers, directors, employees, parents, owners, principals, consultants, agents and representatives due to someone else's use of your account or password.

    After you've gained access to the Site, it is your responsibility to change your password to a password that nobody will be able to figure out, no matter how well they might know you. It is your responsibility to be sure email regarding your password is not found on your computer or within your email account. Computer use can be monitored in several ways, and some people are very talented at finding private information. Your browser history contains the websites you visit, for example. If you feel your Internet and/or computer usage might be monitored, use a safer computer, and don't store any private information on your computer at all.

    By visiting this Site, you acknowledge that you understand these issues related to privacy, and the possible impact of privacy breaches on your safety and well being.

    You can at any time, access the site and delete all of your user information, password, and any content you have added.

  2. Ownership. This Site is owned and operated by Gavin de Becker & Associates. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Gavin de Becker & Associates or by our respective third party authors, developers or vendors ("Third Party Providers"). Use of the Site is granted upon a non-exclusive license granted the user for the term of actual use only. Except as otherwise expressly provided by Gavin de Becker & Associates, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Gavin de Becker & Associates' intellectual property rights, whether by estoppel, implication or otherwise. See the Legal Contact Information below if you have any questions about obtaining such licenses. Gavin de Becker & Associates does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Gavin de Becker & Associates. Any rights not expressly granted herein are reserved by Gavin de Becker & Associates.

  3. Limited Permission to Download. We hereby grant you permission to download, view, and print any reports generated by MOSAIC as the result of your assessment on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) the copyright notice appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

  4. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than us (each a "Third Party Site"). We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

  5. License. We grant you a limited, personal, non-exclusive, non-transferable license to use MOSAIC for your own personal, internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit MOSAIC in any manner, except for modifications in filling out the information needed by the system for your authorized use. Resale of Data and Results Prohibited: By using MOSAIC for your personal or internal business use, you agree that the information you may obtain from the use of MOSAIC may only be used by you for your personal or business use and may not be sold or redistributed without the express out written notice.

  6. Additional Terms. Some MOSAIC services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

  7. Rights and Responsibilities of Gavin de Becker & Associates:.

    • Although we cannot make an absolute guarantee of system security, we take reasonable steps to maintain security. If you have reason to believe any information security has been breached, contact us by E-MAIL immediately.
    • If our technical staff finds that files or processes belonging to a Site visitor pose a threat to the proper technical operation of the system or to the security of other users, we reserve the right to delete those files or to stop those processes. If our technical staff suspects a user name is being used by someone who is not authorized by the proper user, we may temporarily disable that user's access in order to preserve system security. We shall not be liable for any loss, damage, claims, actions or injury resulting or allegedly resulting from such interruption in service.
    • We reserve the right to refuse service to anyone and to cancel user access at any time. We shall not be liable for any loss, damage, claims, actions or injury resulting or allegedly resulting from such interruption in or termination of service.
  8. Rights and Responsibilities of MOSAIC Site Users:

    • You are legally and ethically responsible for any information or data that you post or transmit using the MOSAIC Site. In both the input of information and the use of any MOSAIC data or results, you are solely responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy, and the right not to be libeled or slandered.
    • You agree to indemnify, defend and hold harmless Gavin de Becker & Associates, its agents servants, employees, principals, parents and subsidiaries from and against any and all claims, rights, damages, injuries, actions, suits or assertions of liability including but not limited to reasonable attorney fees and costs arising out of the use of MOSAIC by you and/or any action taken by you, or inaction by you purportedly based upon your use of MOSAIC including but not limited to such claims, rights, damages injuries, actions suits or assertions of liability by you, a family member or any other third party.
    • The use of your MOSAIC user account for any illegal activity under the laws of California and the United States is a violation of these Terms of Use. Our website is open to users worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet), and we cannot guarantee that you won't encounter legal trouble in other jurisdictions over your use of MOSAIC.
    • You are not required to provide your real name when signing up as a user of MOSAIC. You are not required to enter the real names of persons whose situation is being assessed, and you are free to use initials only, including initials that bear no relation to the names of any actual people involved. The system does require you to utilize a valid e-mail address when signing up as a user. Failure to provide a valid e-mail address constitutes a violation of the Terms of Use. If, for any reason, use of a valid e-mail address represents an impediment to your use of the Site, do not use the site.
    • You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, advise us via the CONTACT US feature in MOSAIC.
  9. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

  10. LIMITATION OF LIABILITY. IN NO EVENT SHALL GAVIN DE BECKER & ASSOCIATES, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF GAVIN DE BECKER & ASSOCIATES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  11. Indemnification You agree to defend, indemnify and hold harmless Gavin de Becker & Associates, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

  12. Unsolicited Submissions. Except as you may choose in connection with your use of MOSAIC, we do not want you to input identifiable, confidential, or proprietary information to this Site. You acknowledge that you are responsible for submissions that you provide and information you input, including their legality, reliability, appropriateness, originality, and content.

  13. Compliance with Intellectual Property Laws. When accessing MOSAIC, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your MOSAIC password.

  14. Inappropriate Content. When accessing the Site, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate or delete such material from its servers. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

  15. Children. Minors are not eligible to use the Site, and we ask that they not submit any personal information to us.

  16. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in California, and in the County of Los Angeles. You and Gavin de Becker & Associates agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

  17. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2010, Gavin de Becker & Associates. ALL RIGHTS RESERVED.

  18. Trademarks. All logos, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of MOSAIC. Any other trademarks, product names and company names or logos cited herein are the property of their respective owners.

  19. Acknowledgement. BY ACCESSING THE MOSAIC SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

  20. Contact Information: The CONTACT US button on the Site's Homepage.