(Last Modified June 2000)
THANK YOU for your interest in www.myaea.org. Please read
this page in its entirety as it explains your rights and
responsibilities. You must agree, without modification, to
accept the following terms of use ("Agreement") between you
and ALABAMA EDUCATION ASSOCIATION. Your use of the ALABAMA
EDUCATION ASSOCIATION constitutes a full and complete
acceptance of the terms of this Agreement. For purposes of
this Agreement, the term ALABAMA EDUCATION ASSOCIATION Network
means ALABAMA EDUCATION ASSOCIATION Websites, including,
without limitation, www.myaea.org, as well as any other
Websites that may now or thereafter contain an authorized
ALABAMA EDUCATION ASSOCIATION branded area or window
(collectively, "ALABAMA EDUCATION ASSOCIATION Network").
I. Subsequent Revisions to Agreement ALABAMA EDUCATION
ASSOCIATION may periodically revise the terms of this
Agreement by updating this page. You agree to be bound by
subsequent revisions to this Agreement. Accordingly, you
should periodically visit this page to review the current
terms of use.
II. All Rights Reserved ALABAMA EDUCATION ASSOCIATION
reserves all right, title, and interest not expressly granted
under this Agreement. Copyright. All content, which
includes, without limitation, articles, media files, and
source code (collectively, "Content"), on the ALABAMA
EDUCATION ASSOCIATION Network is subject to copyright
protection and may not be displayed, reproduced, distributed,
modified or used in any other manner except with the written
permission of ALABAMA EDUCATION ASSOCIATION and its Content
providers.
Trademark. The names or services on the ALABAMA EDUCATION
ASSOCIATION Network, including, are trademarks or registered
trademarks of ALABAMA EDUCATION ASSOCIATION. Other names or
services on the ALABAMA EDUCATION ASSOCIATION Network may be
the trademarks of the respective owners. You agree not to use
any ALABAMA EDUCATION ASSOCIATION trademarks or any
confusingly similar marks for any purpose without the express
prior written consent of ALABAMA EDUCATION ASSOCIATION in each
instance. Violations may result in severe civil and criminal
penalties.
III. Use of Material ALABAMA EDUCATION ASSOCIATION
authorizes you to access and use the Content solely for your
personal, non-commercial use. You may not sell or modify the
Content, and you may not reproduce, display, publicly perform,
distribute, or otherwise use the Content in any way for any
public or commercial purpose. As an express condition of your
use of the ALABAMA EDUCATION ASSOCIATION Network, you warrant
to ALABAMA EDUCATION ASSOCIATION that you will not use the
ALABAMA EDUCATION ASSOCIATION Network for any unlawful purpose
or purpose prohibited by this Agreement. If you violate any
part of this Agreement, your permission to use the Content
automatically terminates and you must immediately destroy any
copies you have made of any of the Content. ALABAMA EDUCATION
ASSOCIATION makes no representation that the Content is legal
or appropriate for use outside of the United States or that it
is authorized for export from the United States or import into
any other country. You are solely responsible for complying
with all import and export laws and regulations and all
applicable laws of any jurisdiction outside of the United
States from which you may access the ALABAMA EDUCATION
ASSOCIATION Network.
IV. Your Use Of The ALABAMA EDUCATION ASSOCIATION Network
Is At Your Own Risk The ALABAMA EDUCATION ASSOCIATION
Network may contain inaccuracies or typographical errors.
ALABAMA EDUCATION ASSOCIATION makes no representations about
the accuracy, reliability, completeness, or timeliness of the
Content or about the results to be obtained from using the
ALABAMA EDUCATION ASSOCIATION Network or the Content. Your use
of the ALABAMA EDUCATION ASSOCIATION Network, including,
without limitation, the services and information, contained
therein, is on an "as is" basis and is at your own risk.
ALABAMA EDUCATION ASSOCIATION may make changes in the Content
at any time.
Disclaimer of Liability. ALABAMA EDUCATION ASSOCIATION, ITS
RESPRECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES, SUBSIDIARIES,
SUCCESSORS AND ASSIGNS (COLLECTIVELY "ALABAMA EDUCATION
ASSOCIATION") SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR
CONNECTED WITH (I) YOUR USE OF THE ALABAMA EDUCATION
ASSOCIATION NETWORK AND (II) ANY OTHER SUBJECT MATTER OF THIS
AGREEMENT.
ALABAMA EDUCATION ASSOCIATION Makes No Representations or
Warranties. WITHOUT LIMITING THE FOREGOING, EXCEPT AS
EXPRESSLY STATED IN THIS AGREEMENT, ALABAMA EDUCATION
ASSOCIATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR
OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS AND
WARRANTIES CONTAINED IN THIS AGREEMENT.
Third Party Links. The ALABAMA EDUCATION ASSOCIATION
Network may contain links to Websites ("Third Party Web
Sites") operated by parties other than ALABAMA EDUCATION
ASSOCIATION and ALABAMA EDUCATION ASSOCIATION may license
Content from the ALABAMA EDUCATION ASSOCIATION Network for use
by Third Party Web Sites. ALABAMA EDUCATION ASSOCIATION makes
no representation or endorsement of the Third Party Web Sites
and you access them at your own risk.
Use Of Web Communities At Your Own Risk. The ALABAMA
EDUCATION ASSOCIATION Network contains bulletin board
services, chat areas, news groups, forums, communities and
other message and communication facilities, including, without
limitation, "Communication tools", "ALABAMA EDUCATION
ASSOCIATION", and "Classifieds" ("Communities").
ALABAMA EDUCATION ASSOCIATION does not control the files,
information, or messages (collectively, "Information")
delivered to or displayed in the Communities, unless otherwise
noted therein, and ALABAMA EDUCATION ASSOCIATION assumes no
duty to, and does not, monitor or endorse Information within
the Communities, nor does ALABAMA EDUCATION ASSOCIATION
represent or guarantee the truthfulness, accuracy or
reliability thereof or that the Information complies with the
terms of this Agreement. ALABAMA EDUCATION ASSOCIATION
reserves the right at all times to edit, refuse to post, or to
remove any Information, in whole or part, that ALABAMA
EDUCATION ASSOCIATION deems inappropriate for inclusion in the
Communities. ALABAMA EDUCATION ASSOCIATION reserves the right
to expel you from or suspend your access to some or all of the
Communities for violating the law or this Agreement. The
Communities are public and not private communications and may
be read by others without your knowledge or permission.
Although a particular Community may have a policy of limited
membership or access, ALABAMA EDUCATION ASSOCIATION shall have
no liability if unauthorized persons nevertheless obtain
access to the Community. Your use of the Communities is at
your own risk so be careful about disclosing your personal
information.
When using the Communities you may not do any of the
following: a. Restrict or inhibit any other user from using
and enjoying the Communities;
b. Post or transmit any abusive, hateful, defamatory,
indecent, libelous, obscene, pornographic, profane,
threatening, harassing, embarrassing, unlawful, vulgar, or
other information of any kind that violates applicable law or
regulation or which harms minors in any way, including,
without limitation, information that constitutes the
following:
Infringement. Information that violates or infringes upon
the copyright, literary, privacy, publicity, trademark,
service mark or any other personal or property right of any
person or entity or which discloses any trade secret or
confidential information.Software. Software or materials that
contain a virus, corrupted files, or similar programs that may
damage the operation of another's computer or the ALABAMA
EDUCATION ASSOCIATION Network.
c. Post advertisements of solicitations of business, except
in areas expressly designated for such purposes and in
accordance with the express rules and regulations established
by ALABAMA EDUCATION ASSOCIATION.
d. Post chain letters or pyramid schemes or impersonate
another person.
e. Manipulate headers or identifiers so as to disguise the
origin or content of any posting.
f. Do any act which interferes with or slows the operation
of the ALABAMA EDUCATION ASSOCIATION Network.
ALABAMA EDUCATION ASSOCIATION may condition your right to
participate in the Communities on your furnishing to ALABAMA
EDUCATION ASSOCIATION and keeping updated at all times such
personal identifying information as ALABAMA EDUCATION
ASSOCIATION may reasonably require, including, without
limitation, your true name and a current, active e-mail
address. ALABAMA EDUCATION ASSOCIATION reserves the right to
suspend or terminate your access to some or all of the
Communities if ALABAMA EDUCATION ASSOCIATION has a good faith
basis for believing that any of the information you have
supplied is inaccurate or that your account is being used by
anyone other than you to access the Communities.
By posting material to the Communities, you automatically
grant to ALABAMA EDUCATION ASSOCIATION a royalty-free,
perpetual, irrevocable non-exclusive license to use,
reproduce, modify, publish, edit, translate, distribute,
perform, display and otherwise exploit such material and all
elements thereof alone or as part of other works in any form,
media, or technology, whether now known or hereafter
developed, and to sublicense such rights through multiple
tiers of sublicenses, all without any obligation to you,
whether by way of compensation, attribution or otherwise.
V. Miscellaneous Use of Information. Subject to such
privacy policies as ALABAMA EDUCATION ASSOCIATION may
establish and post on the ALABAMA EDUCATION ASSOCIATION
Network from time to time, ALABAMA EDUCATION ASSOCIATION may
use the information it obtains relating to you, including,
without limitation, your IP address, name, mailing address,
e-mail address and use of the ALABAMA EDUCATION ASSOCIATION
Network for its internal business and marketing purposes and
such information may be disclosed to third parties for such
purposes and for any other purposes set forth in ALABAMA
EDUCATION ASSOCIATION's privacy policy.
Choice of Law and Forum. This Agreement, its
interpretation, performance or any breach thereof, will be
construed in accordance with, and all questions with respect
thereto will be determined by, the laws of the State of
Alabama applicable to contracts entered into and wholly to be
performed within said state. You hereby consent to the
personal jurisdiction of the State of Alabama, acknowledge
that venue is proper in any state or Federal court in the
State of Alabama, agree that any action related to this
Agreement must be brought in a state or Federal court in the
State of Alabama, and waive any objection you may have in the
future with respect to any of the foregoing. Notwithstanding
the foregoing, ALABAMA EDUCATION ASSOCIATION reserves the
right to commence an action in your home state in regards to
this Agreement.
Indemnity. You agree to defend, indemnify and hold harmless
ALABAMA EDUCATION ASSOCIATION, its licensees, successors and
assignees, its Content providers, advertisers and sponsors,
the parent, affiliated and subsidiary companies of each of
them and the officers, directors, employees, and agents of
each of them from and against any and all third party claims,
damages, liabilities, costs and expenses, including reasonable
legal fees and expenses, arising out of or related to any
breach by you of this Agreement, any material which you may
post to the Communities or any use of the Content by you or
under your control.
Severability. If any provision of this Agreement, or
application thereof, shall be held invalid by a court of
competent jurisdiction, such provision shall be changed and
interpreted so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law and
the remaining provisions of this Agreement shall remain in
full force and effect.
Use of "You" or "Your". The words "you" or "your" shall
also mean heirs, executors, administrators, successors, legal
representatives and permitted assigns. Waiver. Any waiver
of any provision of this Agreement must be in writing and
signed by an authorized representative of ALABAMA EDUCATION
ASSOCIATION.
Copyright Complaints. If you believe that your work has
been copied and is accessible on the ALABAMA EDUCATION
ASSOCIATION Network in such a manner as to constitute
copyright infringement, you may notify ALABAMA EDUCATION
ASSOCIATION by providing ALABAMA EDUCATION ASSOCIATION's
copyright agent with the following information: 1. An
electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; 2. A
description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the
location where the copyrighted work exists or a copy of the
copyrighted work; 3. Your address, telephone number, and
email address; 4. A statement by you that you have a good
faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and 5. A statement
by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
ALABAMA EDUCATION ASSOCIATION's agent for notice of claims
of copyright infringement on the ALABAMA EDUCATION ASSOCIATION
Network may be reached as follows:
By mail: ALABAMA EDUCATION ASSOCIATION 422 Dexter
Avenue Montgomery, AL. 36104 334-262-8377
By email: davids@alaedu.org
Printed Agreement. A printed version of this Agreement and
of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating
to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed
form. |