For Jurisdictions, Researchers, Advocates, or other Non-Commercial Users
Subject to these Terms, the Website enables users to learn about and implement LJAF’s Public Safety AssessmentTM, or PSATM (the “PSA”). The PSA is a pretrial risk assessment that judges can use when deciding whether to release or detain a defendant before trial. The PSA uses neutral, reliable data to produce two risk scores: one predicting the likelihood of committing a new crime if released pending trial, and another predicting the likelihood of failing to return for a future court hearing. Scores fall on a scale of one to six, with higher scores indicating a greater level of risk. The PSA also flags cases that it calculates present an elevated risk of committing a violent crime. This objective information can help judges gauge the risk of pretrial failure. However, the PSA does not replace the judge or impede discretion or authority in any way. The decision about whether to release or detain a defendant and any conditions of release always rests with the judge.
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. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR THE PSA.
LJAF may change, add, or remove any part of these Terms or any part of the Website. In such a case, LJAF will post such changes 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.
AVAILABILITY OF THE WEBSITE
While LJAF will make reasonable efforts to ensure that the Website is available at all times, LJAF does not guarantee, represent, or warrant that provision of the Website will be uninterrupted or error-free, and LJAF does not guarantee that users will be able to access or use all of the features at all times.
LJAF 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 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.
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;
- will not violate any rights of LJAF or any third party, including intellectual property rights such as, but not limited to, patent, copyright, or trademark rights.
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 first and foremost the PSA is intended as a decision-making aid for judges; that the PSA does not, and is not intended to, replace the judge or otherwise impede a judge’s discretion or authority in any way; and that judges are the ultimate arbiters of the decision to release or detain a defendant and any conditions to be applied to each defendant.
CONTENT & INTELLECTUAL PROPERTY, GENERALLY
The Website contains, and may contain, copyrighted material, trademarks, and other proprietary information of LJAF including, but not limited to, software, 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 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 or posting content through or in connection with the Website, you are representing that you are the owner of such material or have authorization to distribute it. To the fullest extent permissible, you hereby grant LJAF 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, the PSA logo, and other LJAF trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of LJAF. 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 TO IMPLEMENT AND USE THE PSA
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 logo (collectively, the “PSA Marks”) are trademarks of LJAF. Additionally, all works of authorship, instructions, software, narrative content, or other forms of creative expression (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.” 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 risk factors; weighting, inclusion, and exclusion of risk factors; formula for scoring or calculation of PSA score; information included in the PSA 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 defendants subject to a judicial pretrial release/detention decision and at the earliest possible point following arrest; presented and considered at a defendant’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 impede judicial discretion or authority 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.
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.
- Use the PSA Marks solely in connection with your implementation and use of the PSA in accordance with the PSA Core Requirements.
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
Subject to any applicable data privacy or other confidentiality restrictions, you hereby grant to LJAF 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 who 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 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 decisionmaking or otherwise impede a judge’s discretion or authority in any way and instead requires that, consistent with the PSA Core Requirements, the PSA will not be used to impede judicial discretion or authority or be presented as the sole criterion in a release/detention determination.
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 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 by LJAF 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 other Website users to any legal liability or, in LJAF’s sole determination, is offensive or in poor taste.
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 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 reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders, and subpoenas. In addition, LJAF reserves the right to comply with any civil court orders and/or subpoenas. If LJAF decides to investigate or resolve possible misuse involving you or anything you do on or with the Website, LJAF is entitled, except to the extent prohibited by applicable law, to disclose any information about you in LJAF’s 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 in its sole discretion believes to be necessary or appropriate. LJAF also reserves the right to remove content if LJAF becomes aware of any content that, in LJAF’s judgment, does not conform to these Terms. By your acceptance of these Terms and your use of the Website, you authorize LJAF to take any such actions.
Please remember that these are only guidelines and the above examples are non-exclusive and in no way limit LJAF’s discretion.
LJAF RESERVES THE RIGHT (SUBJECT TO APPLICABLE LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL WEBSITE FEATURES, PROJECTS, AND CONTENT FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THESE TERMS.
When LJAF becomes aware of possible violations, LJAF may initiate an investigation, which may include gathering information from any user involved, any third party, and any complaining party.
During the investigation, LJAF may suspend or terminate any or all of a user’s access to or use of the Website and/or remove involved or related content. If LJAF 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, LJAF believes that any criminal activity has occurred, LJAF reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
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 may have no control over such third party sites and/or materials, you acknowledge and agree that LJAF is not responsible for the availability of such sites or resources, does not endorse or warrant the accuracy of any such sites or resources, and 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 LJAF shall not 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 LJAF SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CAUSE WHATSOEVER REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) 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
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LJAF, ITS 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, HOLD LJAF HARMLESS, AND INDEMNIFY LJAF WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY LJAF 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 LJAF OR RECOVER ANY DAMAGES WHATSOEVER FROM LJAF 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 LJAF’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 AND/OR THE PSA IS UNDERTAKEN AT YOUR SOLE RISK. THE WEBSITE AND THE PSA 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.
LJAF DOES NOT GUARANTEE 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, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, 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 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. LJAF DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD- PARTY PROJECT OR SERVICE OFFERED THROUGH THE WEBSITE AND WILL NOT 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 FROM ANY AND ALL OBLIGATIONS, LIABILITY, AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.
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. 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 with LJAF 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 LJAF or its affiliates, subsidiaries, employees, contractors, officers, or directors.