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TERMS
OF SERVICE
Welcome
to METC/Cooperating School Districts, . METC/Cooperating School
Districts provides this service to you, subject to the following
conditions. When using this METC/Cooperating School Districts
service, you and METC/Cooperating School Districts, shall be
subject to any posted guidelines or rules applicable to such
services. METC/Cooperating School Districts may update these
conditions from time to time without notice. All
users are subject to METC/Cooperating School Districts, terms of
service agreement.
DESCRIPTION
OF SERVICE
METC/Cooperating
School Districts, provides users access to online services that
allow you to manage sessions, upload and/or download handouts, and
link to other sites. Unless explicitly stated otherwise, any new
features that augment or enhance the current service, including
the release of new services, shall be subject to the Terms of
Service (TOS). You understand and agree that all services are
provided "AS-IS" and that METC/Cooperating School
Districts, assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications
or personalization settings.
In
order to use the services, you must obtain access to the World
Wide Web, either directly or through devices that access Web-based
content, and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem
or other access device.
YOUR REGISTRATION
OBLIGATIONS
In consideration of your use of this
METC/Cooperating School Districts service, you agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the registration/profile form (such
information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it
true, accurate, current, and complete. If you provide any
information that is untrue, inaccurate, not current, or
incomplete, or METC/Cooperating School Districts, has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current, or incomplete, METC/Cooperating School Districts,
has the right to suspend or terminate your account and refuse any
and all current or future use of METC/Cooperating School
Districts' service (or any portion thereof).
MEMBER
ACCOUNTS, PASSWORDS, AND SECURITY
When you use this
METC/Cooperating School Districts, service, you are responsible
for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your
account or password. When you visit METC/Cooperating School
Districts service or send e-mails to us, you are communicating
with us electronically. You agree that all agreements, notices,
disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such
communications be in writing.
METC/Cooperating
School Districts, provides services that enhance the METC
Conference experience. It is the responsibility of each user to
keep all personal and contact information private. Under no
circumstances will METC/Cooperating School Districts, be liable in
any way for any personal information posted.
MEMBER
CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages, or
other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not
METC/Cooperating School Districts, are entirely responsible for
all Content that you post, e-mail, or otherwise transmit via
METC/Cooperating School Districts, services. METC/Cooperating
School Districts, does not control the Content posted via
METC/Cooperating School Districts, services and, as such, does
not guarantee the accuracy, integrity, or quality of such Content.
Under no circumstances will METC/Cooperating School Districts be
liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content
posted, e-mailed, or otherwise transmitted via METC/Cooperating
School Districts service.
You agree to not use
METC/Cooperating School Districts service to:
upload, post,
e-mail or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically, or otherwise objectionable;
harm to minors
in any way;
impersonate
any person or entity, including, but not limited to, a
METC/Cooperating School Districts, official, forum leader, guide
or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
forge headers
or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through METC/Cooperating School
Districts service;
upload, post,
e-mail or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
upload, post,
e-mail, or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright, or other proprietary
rights ("Rights") of any party;
upload, post,
e-mail, or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid
schemes," or any other form of solicitation that are
designated for such purpose;
upload, post,
e-mail, or otherwise transmit any material that contains software
viruses or any other computer code, files, or programs designed
to interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment;
interfere with
or disrupt METC/Cooperating School Districts service or server or
networks connected to METC/Cooperating School Districts service,
or disobey any requirements, procedures, policies, or regulations
of networks connected to METC/Cooperating School Districts
services;
intentionally
or unintentionally violate any applicable local, state, national,
or international law, or any regulations having the force of law;
"stalk"
or otherwise harass another; or
collect
or store personal data about other users.
You
acknowledge that METC/Cooperating School Districts may not
pre-screen Content, but that METC/Cooperating School Districts and
its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is
available via METC/Cooperating School Districts services. Without
limiting the foregoing, METC/Cooperating School Districts and its
designees shall have the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or
usefulness of such Content.
You acknowledge and agree that
METC/Cooperating School Districts may preserve Content and may
also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of
third- parties; or (d) protect the rights, property, or personal
safety of METC/Cooperating School Districts its users, and the
public.
You understand that the technical processing and
transmission of METC/Cooperating School Districts service,
including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
PUBLIC
CONTENT POSTED TO METC/Cooperating School Districts,
With
respect to all Content you elect to post, upload, input, provide,
or submit to METC/Cooperating School Districts service you grant
METC/Cooperating School Districts the royalty-free, perpetual,
irrevocable, non-exclusive, and fully sublicensable right and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display
such Content (in whole or part) worldwide and/or to incorporate it
in other works in any form, media, or technology now known or
later developed.
INDEMNITY
You agree to
indemnify and hold METC/Cooperating School Districts, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post to, or transmit
through METC/Cooperating School Districts service, your use of
METC/Cooperating School Districts service, your connection to
METC/Cooperating School Districts service, your violation of the
TOS, or your violation of any rights of another.
NO
RESALE OF SERVICE
You
agree not to reproduce, duplicate, or copy any portion of
METC/Cooperating School Districts service, use of METC/Cooperating
School Districts service, or access to METC/Cooperating School
Districts service.
GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that METC/Cooperating
School Districts, may establish general practices and limits
concerning use of METC/Cooperating School Districts service,
including without limitation posted Content that will be retained
by METC/Cooperating School Districts service, the maximum disk
space that will be allotted on METC/Cooperating School Districts'
servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access METC/Cooperating School
Districts service in a given period of time. You agree that
METC/Cooperating School Districts has no responsibility or
liability for the deletion or failure to store any data and other
communications or other Content maintained or transmitted by
METC/Cooperating School Districts service. You acknowledge that
METC/Cooperating School Districts reserves the right to delete
accounts that are inactive for an extended period of time. You
further acknowledge that METC/Cooperating School Districts
reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
METC/Cooperating School
Districts reserves the right at any time to modify or discontinue,
temporarily or permanently, METC/Cooperating School Districts
service (or any part thereof), with or without notice. You agree
that METC/Cooperating School Districts shall not be liable to you
or to any third party for any modification, suspension, or
discontinuance of METC/Cooperating School Districts service.
BILLING
POLICIES
A.
All subscriptions will be pre-paid annually.
B. Automatic
Billing. METC/Cooperating School Districts, 's billing system will
bill your designated credit card for your annual subscription.
METC/Cooperating School Districts, is subject to any restrictions
imposed by your credit card issuer. If payment cannot be charged
to your credit card or your charge is returned to METC/Cooperating
School Districts for any reason, including charge back,
METC/Cooperating School Districts reserves the right to either
suspend or terminate your access and account, thereby terminating
this Agreement and all obligations of METC/Cooperating School
Districts hereunder, and thereafter to collect any amount due.
C.
Revision to Subscription Fees. METC/Cooperating School Districts
reserves the right to change the amount of, or basis for
determining, any fees or charges for the METC/Cooperating School
Districts service, and to institute new fees or charges effective
upon prior notice, by posting such changes on METC/Cooperating
School Districts site, and by sending e-mails to members.
D.
Account Termination. Requests for termination of services may be
submitted by:
e-mail
to admin@METC/Cooperating School Districts.com
Phone
METC/Cooperating School Districts at 800-516-0544
FAX
to 888-467-8241
Mail
a letter to: METC/Cooperating School Districts, , 331 Fairview
Drive, Union, MO 63084
Members
who have pre-paid for an annual membership will not be given a
refund for the unused portion of their membership.
E.
Payment Options. METC/Cooperating School Districts accepts payment
via Purchase Order, PayPal, or credit card processed through
PayPal. The following credit cards are accepted: Visa, MasterCard,
American Express and Discover.
F.
Billing Security. PayPal uses Secure Sockets Layer technology that
sends your credit card data to their computers
TERMINATION
You
agree that METC/Cooperating School Districts in its sole
discretion, may terminate your password, username, account (or any
part thereof) or use of METC/Cooperating School Districts'
service, and remove and discard any Content within
METC/Cooperating School Districts' service, for any reason,
including, without limitation, for lack of use or if
METC/Cooperating School Districts believes that you have violated
or acted inconsistently with the letter or spirit of the TOS.
METC/Cooperating School Districts may also in its sole discretion
and at any time discontinue providing METC/Cooperating School
Districts service, or any part thereof, with or without notice.
You agree that any termination of your access to METC/Cooperating
School Districts service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that
METC/Cooperating School Districts may immediately deactivate or
delete your account and all related information and files in your
account and/or bar any further access to such files or
METC/Cooperating School Districts service. Further, you agree that
METC/Cooperating School Districts shall not be liable to you or
any third party for any termination of your access to
METC/Cooperating School Districts service.
METC/Cooperating
School Districts PROPRIETARY RIGHTS
You acknowledge and
agree that METC/Cooperating School Districts service and any
necessary software used in connection with METC/Cooperating School
Districts service ("Software") contain proprietary and
confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that information presented to you through METC/Cooperating
School Districts service is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY METC/COOPERATING
SCHOOL dISTRICTS, ON AN "AS IS" AND "AS AVAILABLE"
BASIS. METC/ COOPERATING SCHOOL DISTRICTS MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK.
METC/COOPERATING
SCHOOL DISTRICTS MAKES NO WARRANTY THAT (i) METC/ COOPERATING
SCHOOL DISTRICTS' SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
METC/COOPERATING SCHOOL DISTRICTS' SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF METC/COOPERATING SCHOOL DISTRICTS'
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU
THROUGH METC/COOPERATING SCHOOL DISTRICTS' SERVICE WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, METC/ COOPERATING
SCHOOL DISTRICTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. METC/
COOPERATING SCHOOL DISTRICTS DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM METC/ COOPERATING SCHOOL DISTRICTS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT METC/ COOPERATING SCHOOL DISTRICTS SHALL
NOT 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, OR OTHER
INTANGIBLE LOSSES (EVEN IF METC/ COOPERATING SCHOOL DISTRICTS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE METC/ COOPERATING SCHOOL
DISTRICTS' SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO, THROUGH OR FROM METC/ COOPERATING
SCHOOL DISTRICTS' SERVICES; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON METC/ COOPERATING SCHOOL DISTRICTS'
SERVICES; OR (v) ANY OTHER MATTER RELATING TO METC/ COOPERATING
SCHOOL DISTRICTS' SERVICE.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
NOTICE
Notices
to you may be made via either e-mail or regular mail.
METC/Cooperating School Districts' service may also provide
notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on METC/Cooperating
School Districts' service.
TRADEMARK
INFORMATION
METC/Cooperating School Districts the
METC/Cooperating School Districts' logo are trademarks of
METC/Cooperating School Districts. Without METC/Cooperating School
Districts prior permission, you agree not to display or use in any
manner, the METC/Cooperating School Districts' Marks.
COPYRIGHTS
AND COPYRIGHT AGENTS
METC/Cooperating School Districts respects
the intellectual property of others, and we ask our users to do
the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide
METC/Cooperating School Districts with the following information:
an
electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
a
description of the copyrighted work that you claim has been
infringed upon;
a
description of where the material that you claim is infringing is
located on the site;
your
address, telephone number, and e-mail address;
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;
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.
To
report copyright issues, contact METC/Cooperating School Districts
at:
METC/Cooperating School Districts,
Attention: Nancy George
1460 Craig Road
St. Louis, MO
63146
By
phone: 314-872-8282
By e-mail: ngeorge@csd.org
GENERAL
INFORMATION
The TOS constitute the entire agreement between you
and METC/Cooperating School Districts and govern your use of
METC/Cooperating School Districts service, superseding any prior
agreements between you and METC/Cooperating School Districts. You
also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content, or
third-party software. The TOS and the relationship between you and
METC/Cooperating School Districts shall be governed by the laws
of the State of Missouri without regard to its conflict of law
provisions. You and METC/Cooperating School Districts agree to
submit to the personal and exclusive jurisdiction of the courts
located within the County
of
St. Louis, Missouri. The failure of METC/Cooperating School
Districts to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of METC/Cooperating School
Districts service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever
barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
VIOLATIONS
Report
any violations of the Terms of Service to ngeorge@csd.org
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