AACTE Online Community Terms of Use

As of June 2012

Thank you for taking the time to review the AACTE Online Community Terms of Use. These Terms of Use govern your access and use of the American Association of Colleges for Teacher Education (AACTE) Online Community (the "Community"). By accessing the Community, you represent to AACTE that you are at least 18 years old and of legal age (or the age of majority in the jurisdiction in which you reside) and that you have the right, authority, and capacity to agree to be bound by these Terms of Use. The following terms and conditions (together with any documents referred to in them) apply to your use of the Community, including any of the Community’s content, functionality, and services offered on or through the Community, whether as a guest or a registered user.

1. ACCEPTANCE OF TERMS. By clicking the "I accept" button when you register to post, you signify that you have read, understand, and agree to be bound by (a) the terms of this agreement and any modifications posted in accordance with paragraph 15 below, and (b) the AACTE Online Community Guidelines, which are incorporated by reference herein. You also agree to the use of an electronic method of signature to manifest such agreement.

2. THE COMMUNITY. The Community is provided by AACTE in furtherance of its nonprofit and tax­ exempt purposes and may be used only for the purpose of discussing matters related to, or arising out of, the industry/profession represented by AACTE. The Community is an online community site intended to allow authorized individuals to join and participate in personal discussion groups, document sharing, and other features. The Community is made available to you for your personal use only.

3. REGISTRATION. To access and use the Community, you must supply AACTE with current, accurate identification, contact, and other information as may be required as part of the registration process or continued use of the Community. You are responsible for maintaining the confidentiality of your user name, password, and account information. You are responsible for all activities that occur under your user name and password.

4. CONTENT ACCESSIBLE ON THE COMMUNITY. The Community may contain a variety of information, data, messages, directions, images, audio/visual works, and other materials that users post. You understand and agree that any content posted on the Community is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any content that you upload, post, e-mail, or otherwise transmit to or via the Community. You acknowledge that AACTE is not responsible for, does not control, does not endorse, and does not verify the content posted to the Community or available through the Community, and that it makes no guarantee regarding the reliability, accuracy, legitimacy, or quality of any such content.

5.  MONITORING THE COMMUNITY.  You understand that AACTE does not prescreen content. You agree that AACTE has the right, but not the obligation, to access and monitor any area of the site and to remove, modify, or restrict access to any content in its sole discretion and without notice or compensation to the person who posted the content. Without limiting the foregoing, AACTE has the right to access the Community and to remove or restrict access to any content that violates this agreement or that AACTE believes is otherwise objectionable.

You agree that AACTE, in its sole discretion, may terminate your password, account, or ability to use the Community and remove any content within the Community for any reason or no reason. Termination of your access to the Community may be immediate and without prior notice. AACTE shall not be liable to you or any third party for any termination of your use or ability to access the Community.

AACTE may preserve or disclose any content if AACTE reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce this agreement, (c) respond to claims that any content violates the rights of third parties, or (d) protect the rights, property, or personal safety of AACTE, its members, guests, or the public.

6. LICENSE GRANTED TO AACTE. AACTE does not claim any ownership rights in any of the content you post to the Community simply by virtue of your posting such content. By posting any content on or through the Community, you hereby grant to AACTE a nonexclusive, sublicensable,
irrevocable, worldwide license to use, modify, publicly display, reproduce, transmit, print, and distribute such content on and through the Community or for any other reason, without payment to the posting party.

7. IMPROPER USE. You are responsible for your own communications and for any consequence thereof. You shall not use the Community to:
a. Violate, or solicit the violation of, any local, state, federal, or international laws or regulations;
b. Infringe any third-party rights, including but not limited to intellectual property rights (e.g., copyright, trademark, trade secrets), privacy rights, and publicity rights; by posting material, the posting party warrants that it owns the copyright in such material, has received permission from the copyright owner, or that the material is in the public domain;
c. Upload, post, e-mail, or otherwise transmit or distribute any content that (1) contains viruses or is unlawful, threatening, harassing, fraudulent, abusive, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise objectionable as reasonably determined by AACTE; (2) consists of instructional information on illegal activities; (3) violates or infringes upon the proprietary rights of others, including without limitation, copyrighted music, photographs, text, videos, or artwork; (4) constitutes pornography or sexual material of an obscene nature or that violates any law; (5) is the private information of another, such as their address, phone number, or social security number; or (6) you do not have a right to upload or post due to contractual or other legal obligations;
d. Advertise or promote any commercial endeavor or purpose, including self-promotion;
e. Harvest or collect e-mail addresses or other contact information of other users from the Community by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
f. Violate federal or state antitrust laws or other laws prohibiting anticompetitive practices. The
antitrust laws generally prohibit any agreement or understanding inconsistent with the right and obligation of competitors to exercise independent business judgment in pricing their products, dealing with their customers and suppliers, and selecting the markets in which to compete. No express agreement or understanding is required; one can be inferred from statements or conduct. Do not post any information regarding specific prices or fees charged or paid, and do not post any information concerning prices, pricing practices, discounts, or other terms or conditions of sale either obtained by or offered to another entity. Do not post any information concerning market shares, salaries, costs, sales territories, profit margins, or encouraging the selection or rejection of customers or suppliers.
g. Upload, post, e-mail, hack, or otherwise send or transmit any material to the Community that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or content associated with the Community. 

8. USER DISPUTES. You are solely responsible for your interactions with other users of the Community and any disputes arising from such interactions.

9. LIMITATIONS, CONDITIONS, AND RULES. AACTE may establish, in its sole discretion, any limitations, conditions, or rules concerning use of the Community, including, for example, the maximum number of messages a user may post to the Community in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that AACTE has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. MODIFICATION AND TERMINATION OF COMMUNITY.  AACTE reserves the right at any time to modify or discontinue, temporarily or permanently, the Community (or any part of it) with or without notice. You agree that AACTE will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Community.

11. OTHER WEB SITES AND RESOURCES. Other users of the Community may provide links or access to other websites and resources. Because AACTE has no control over such sites and resources, you acknowledge and agree that AACTE is not responsible for the availability of such sites or resources, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AACTE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available through any such site or resource.

12. NO RESALE, REDISTRIBUTION, OR REPURPOSING OF CONTENT. You shall not reproduce, duplicate, copy, sell, resell, redistribute, repurpose, or exploit for any commercial purposes, any of the content available through the Community, other than content to which you hold the intellectual property rights.

13. DISCLAIMER OF WARRANTIES.
a. The Community is provided on an AS IS and AS AVAILABLE basis with no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property. You expressly agree and understand that your use of the Community is at your sole risk.
b. AACTE makes no warranty that (i) the Community will meet your requirements; (ii) the Community will be uninterrupted, timely, secure, or error-free; or (iii) the information that may be obtained from the Community will be accurate or reliable.
c. Any material downloaded or otherwise obtained through the use of the Community is obtained and used at your sole risk and discretion. You will be solely responsible for any damage to your computer system or loss of data that results therefrom.
d. No advice or information, whether oral or written, obtained by you through or from the Community shall create any warranty by AACTE.

14. LIMITATION OF LIABILITY. AACTE disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Community. You agree that you will bear any and all risk of reliance on the accuracy, validity, or legitimacy of such content. Under no circumstances will AACTE be liable in any way to you for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise transmitted to or via the Community.

AACTE shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages of any kind whatsoever, including but not limited to damages for lost profits, goodwill, use, data, or other intangible losses (even if AACTE has been advised of the possibility of such damages), resulting from, by way of illustration but not limitation, (i) the use or the inability to use the Community, (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 the Community, (iii) unauthorized access to or alteration of your transmissions or data, (iv) statements or conduct of any third party on the Community, or (v) any other matter relating to the Community.

15. INDEMNITY. You shall indemnify, defend, and hold harmless AACTE and its officers, agents, employees, and directors from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys' fees,arising from or in any way related to your use of the Community, any content you post or share on or through the Community, your conduct in connection with the Community or with other users of the Community, and any violation of this Agreement or any law or right of any third party including without limitation intellectual property or defamation claims.

16. MODIFICATION. AACTE may modify these Terms of Use at any time by posting the modified Terms of Use on this web site. All modifications shall automatically be effective immediately upon posting on our site and will contain a modified effective date so that you are on notice that the Terms of Use have been modified, so that you may read them and determine whether you understand and agree to the modified terms prior to continued use of the Community. Your use of the Community after any modification shall constitute your binding acceptance of the new Terms of Use.

17. WAIVER. The failure of AACTE to enforce at any time any provision of these Terms of Use shall not be construed as a waiver of such provision or any other provision of these Terms of Use, nor of the right of AACTE thereafter to enforce such provision.

18. HEADINGS. The captions and headings contained in this Terms of Use are for reference and convenience only and may not be used to interpret the provisions or intent of this Terms of Use.

19. SEVERABILITY. If any provision of the Terms of Use is deemed invalid or unenforceable, the other provisions herein shall remain in full force and effect.

20. GOVERNING LAW; VENUE AND JURISDICTION. These Terms of Use shall be governed by District of Columbia law without regard to its conflicts of law principles. Any disputes arising hereunder shall be brought in the District of Columbia. You specifically consent to the exercise of personal jurisdiction over you in the District of Columbia for the purpose of any action arising under these Terms of Use or your use of the Community.