CAP® 2.0 TERMS OF USE & ACCESS AGREEMENT
Effective Date: March 13, 2026
By selecting “I Agree” and accessing the Community Awareness Program 2.0 (“CAP® 2.0”), you (“User,” “Organization,” or “Participant”) acknowledge that you have read, understood, and agree to be legally bound by the following Terms of Use and Access Agreement (“Agreement”). If you do not agree, you may not access or use CAP® 2.0. Please note that the collection and use of information through our website (including through CAP® 2.0) is governed by our Privacy Policy.
- Program Ownership & Intellectual Property
The Community Awareness Program 2.0 (“CAP® 2.0”), including but not limited to all curriculum, training materials, videos, scripts, presentations, graphics, assessments, methodologies, reporting frameworks, and online platform content (collectively, “CAP Materials”), are proprietary intellectual property of the Counterterrorism Education Learning Lab® (“CELL®”), a Colorado non-profit corporation with the legal name “Lion Global Foundation”.
All CAP Materials are protected by applicable copyright, trademark, trade secret, and other intellectual property laws.
No ownership rights are transferred through access or participation in CAP® 2.0.
- Limited License for Use
CELL grants the User a limited, non-exclusive, non-transferable, revocable license to access CAP® 2.0 solely for internal training and educational purposes, and only for the duration and scope authorized by CELL.
Users may not:
- Copy, reproduce, modify, distribute, record, sublicense, sell, or publicly display CAP Materials
- Use CAP Materials outside the authorized organization or event (if applicable)
- Create derivative works or alternative trainings based on CAP content
- Remove any proprietary notices from CAP® 2.0 and/or the CAP Materials
- Use CAP® 2.0 in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law
- Share login credentials or training access links
Any unauthorized use immediately terminates this license.
- SAFETY Act Notice & Liability Limitations
CAP® 2.0 is designated by the U.S. Department of Homeland Security (“DHS”) as a Qualified Anti-Terrorism Technology (“QATT”) under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (“SAFETY Act”), 6 U.S.C. §§ 441–444.
In the event of an occurrence officially designated as an Act of Terrorism by the United States Government, and where CAP® 2.0 has been deployed or utilized:
- Any liability of CELL shall be limited and governed exclusively by the SAFETY Act
- Certain claims may be barred, capped, or subject to exclusive federal jurisdiction
- Liability may be limited to the extent of required insurance coverage under the SAFETY Act
These protections apply to CELL and may extend to authorized downstream users as permitted by law.
TO THE EXTENT THE SAFETY ACT DOESN’T APPLY TO A CLAIM ARISING HEREUNDER, CELL DISCLAIMS ANY AND ALL LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CELL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR REVENUE, OR BUSINESS INTERRUPTION, EVEN IF CELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CELL’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS NOT SUBJECT TO THE SAFETY ACT SHALL IN NO EVENT EXCEED THE AMOUNTS PAID TO CELL FOR THE SPECIFIC DEPLOYMENT OR USE OF CAP® 2.0 GIVING RISE TO THE CLAIM. ALL SUCH LIMITATIONS AND DISCLAIMERS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
- Disclaimer of Warranties and Guarantees
CAP® 2.0 is a prevention and preparedness training program intended to educate users on recognizing and reporting suspicious activity and indicators of radicalization.
CELL does not warrant:
- Any specific results from the use of CAP® 2.0
- Any warranty regarding the fitness for a particular purpose and/or non-infringement of intellectual property rights of any third party
CELL does not guarantee:
- Prevention of criminal, terrorist, or violent acts
- Specific security outcomes
- Law enforcement or governmental response actions
- Any specific liability cap or limitation of claims
The program is not a substitute for professional security services or law enforcement operations.
- User Responsibility & Proper Use
Users agree to:
- Use CAP® 2.0 responsibly and in a manner consistent with civil liberties protections
- Follow all applicable laws, policies, and reporting protocols
- Avoid profiling or targeting based on race, religion, ethnicity, nationality, political belief, or other protected characteristics
CAP® 2.0 emphasizes behavior-based indicators only.
- Indemnification
To the fullest extent permitted by law, the User agrees to indemnify, defend, and hold harmless CELL and its officers, directors, employees, contractors, and partners from any claims, damages, losses, liabilities, or expenses arising out of or related to:
- Unauthorized use or misuse of CAP Materials (including, but not limited to CAP® 2.0)
- Breach or violation of this Agreement
- Actions taken by the User based on the CAP Materials, except where limited by the SAFETY Act
- Confidentiality & Restricted Information
Certain CAP Materials may be considered confidential, sensitive, or restricted. Users agree not to disclose, share, or disseminate any CAP Materials without prior written authorization from CELL.
- Termination of Access
CELL reserves the right to suspend or terminate access to CAP® 2.0 and all CAP Materials at any time, for any reason and no reason. CELL may suspend or terminate access for the following reasons (even though no reason is required):
- Violation of this Agreement
- Unauthorized sharing or reproduction of CAP® 2.0 and all CAP Materials
- Misuse that jeopardizes SAFETY Act protections
Termination does not limit CELL’s legal rights or remedies.
- Governing Law & Jurisdiction
Except where preempted by federal SAFETY Act provisions, this Agreement shall be governed by the laws of the State of Colorado, without regard to conflict-of-law principles.
- Acceptance & Electronic Agreement
By clicking “I Agree,” checking the acceptance box, or accessing CAP® 2.0, the User affirms that:
- They are authorized to accept and agree to be bound by this Agreement, including on behalf of the organization or company they represent, if applicable
- This Agreement constitutes a legally binding electronic contract
- Continued access to CAP® 2.0 and the CAP Materials is conditioned upon compliance with this Agreement
- Grant Disclaimer
CAP® 2.0 was supported by Grant No. 15PBJA-22-GG-00186-BRND awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in CAP® 2.0 are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.