Limitation of Liability and Time Limitation for Claims
Last updated: June 10, 2022
You expressly agree that use of the website is at your sole risk. LCPD does not warrant that the website will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the website, or as to the accuracy, reliability or content of any information, or any service, provided through the website.
The website, including, without limitation, any downloadable documents, are provided on an "as is" basis without warranties of any kind, either express or implied.
To the fullest extent permissible by applicable law, in no event shall LCPD, be liable to you for any personal injury, property damage, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the website or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the website, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the website. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if LCPD has been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that LCPD is not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the sites or any other third parties. To the extent permitted by applicable law, any dispute, claim or controversy arising out of or relating in any way to the service or your use of the service and/or site, these terms of use, or the relationship between us, must be commenced within one year of the relevant events. A dispute is commenced if it is filed in an arbitration or, if the dispute is non-arbitrary, a court with jurisdiction, during the one-year period. If you or the LCPD provide notice of a dispute, the one-year period is tolled for 60 days following receipt of the notice of dispute. You and the LCPD each waive - that is, give up - the right to pursue any dispute, claim or controversy that is not filed within one year and any right you or we may have had to pursue that dispute, claim or controversy in any forum is permanently barred.
Indemnification
You agree to defend, indemnify and hold harmless LCPD and its commissioners, from and against all claims and expenses, including attorneys' fees, arising out of the use of the website by you. LCPD reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide with such cooperation as is reasonably requested by LCPD.