This site is owned by Mid-continent Research for Education and Learning (hereinafter “McREL”).
1. ACCEPTANCE OF TERMS
Your use of the site is subject to these Terms of Use ("Terms"). McREL reserves the right to update and change the Terms from time to time without notice or acceptance by you. By using this site, you signify your irrevocable acceptance of these Terms.
Please note that your use of this site is also subject to the terms of use of a third party service provider, http://www.typepad.com/legal/terms-of-service.html.
This site is not intended for children under the age of 13. If you are under 13, you may not use this site.
2. REGISTRATION
In order to use certain features of this site, you may need to go through a registration process and provide the registration data requested. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify McREL of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from the site at the end of each session. McREL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. In consideration of use of this site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by this site's registration form, 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 McREL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, McREL has the right to suspend or terminate your ability to use the site and refuse any and all current or future use of this site (or any portion thereof).
3. TERMINATION
You agree McREL, in its sole discretion, may terminate your password and remove and discard any content within this site, for any reason, including, but not limited to, lack of use, or if McREL believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any contracts, verbal or written or assumed or implied, in conjunction with your use of the site or any feature thereof, may be terminated as well at McREL's sole discretion. McREL may also, in its sole discretion and at any time, discontinue providing this site, or any part thereof, with or without notice. You agree that any termination of your access to this site under any provision of the Terms may be effected without prior notice, and you acknowledge and agree that McREL may immediately deactivate your access to the site, and all related information and content contained therein may be deleted by McREL. McREL accepts no liability for such deleted information or content. McREL reserves the right to bar any further access to such files or this site. You agree that McREL shall not be liable to you or any third-party for any termination of your access to this site.
4. McREL PRIVACY POLICY
Registration data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into the Terms by reference.
5. SECURITY
You are responsible for maintaining the security of your password, and you are fully responsible for all activities that occur using your password. You agree to immediately notify McREL of any unauthorized uses of your password or any other breaches of security. McREL cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will McREL be liable, in any way, for any acts or omissions by you or anyone using your password, including any damages of any kind incurred as a result of such acts or omissions.
6. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not McREL, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via this site. McREL does not control the Content posted via this site and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using this site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will McREL 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, transmitted or otherwise made available via this site. 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. In this regard, you acknowledge that you may not rely on any Content created by McREL or submitted to McREL. You acknowledge and agree that McREL 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 Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of McREL, its users and the public.
You understand that the technical processing and transmission of this site, 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.
Should Content be found or reported to be in violation of any of the following terms, it will be in McREL's sole discretion as to what action should be taken.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or that is racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a McREL official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this site;
(e) upload, post 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);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post 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;
(i) interfere with or disrupt this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) McREL determines, in its sole discretion, is inappropriate for sale through this site;
(n) use this site as a forwarding service to another website;
(o) exceed the scope of your authorized use of this site that; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content. If any user is reported to be in violation with the letter or spirit of these terms, McREL retains the right to terminate their access to the site at any time without further warning.
7. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED
McREL does not claim ownership of the Content you place on this site. By submitting Content to McREL for inclusion on the site, you grant McREL and its designees a world-wide, royalty-free and perpetual non-exclusive license to use, including, without limitation the right to copy, publish, perform, display, adapt, reproduce, modify, and create derivative works based on, the Content, in any form or medium, now known or later devised or developed.
You acknowledge that McREL does not pre-screen Content, but that McREL and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via this site. Without limiting the foregoing, McREL and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
9. ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that McREL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this site.
The site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because McREL has no control over such sites and resources, you acknowledge and agree that McREL is not responsible for the availability of such external 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 McREL 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 on or through any such site or resource.
11. INDEMNITY
You agree to indemnify and hold McREL, 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 your Content, your use of this site, your activities, your connection to this site, your violation of the Terms, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using this site, including, but not limited to, costs incurred for Internet access.
12. MODIFICATIONS TO SITE
McREL reserves the right to modify or discontinue, temporarily or permanently, this site (or any part thereof) with or without notice at any time. You agree that McREL shall not be liable to you or to any third party for any modification, suspension or discontinuance of this site.
13. McREL'S PROPRIETARY RIGHTS
You acknowledge and agree that this site and any necessary software used in connection with this site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through this site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by McREL or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this site or the Software, in whole or in part.
McREL does not want to receive confidential or proprietary information from you through this site or by email. Unless otherwise agreed in writing by an authorized McREL representative, any material, information or idea you transmit to McREL by any means may be disseminated or used by McREL or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to personal information that is subject to our Privacy Policy.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. McREL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) McREL IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION, VENDOR DATA OR REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SITE, OR OTHER INTERACTION WITH THE SITE. McREL DOES NOT WARRANT THAT (i) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, OR (ii) THATACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT McREL 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, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF McREL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe in good faith that any Content appearing on this site infringes your copyright, you may send McREL a notice that the infringing content should be removed or access to it blocked. The notice must include the following information, as required by The Digital Millennium Copyright Act of 1998, ("DMCA") 17 U.S.C. Sec. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this site are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow McREL to locate the material;
- The name, address, telephone number and email address (if available) of the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Also, be aware that there may be penalties for false claims under the DMCA.
McREL’s copyright agent may be reached at
Mid-continent Research for Education and Learning
Attn: Copyright
4601 DTC Blvd., Suite 500
Denver COLORADO 80237
Telephone: 303.337.0990
18. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this site are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of McREL's proprietary rights in them.
19. GENERAL
Notices to you may be made via either email or regular mail. The site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on this site. The Terms and the relationship between you and McREL shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and McREL agree to submit to the personal and exclusive jurisdiction of the courts located within Denver, Colorado. The failure of McREL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and McREL and govern your use of this site, superseding any prior agreements between you and McREL (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other McREL services, third-party content or third-party software. If any provision of the Terms or incorporated documents are 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 Terms 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 this site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
