Terms of Use
AGREEMENT BETWEEN YOU AND NELA-Illinois
Illinois NELA (“NELA-Illinois”) website is made up of various web pages operated by NELA-Illinois, c/o our current address which can be found on our website at nela-illinois.org. The terms, use, and conditions associated with the NELA-Illinois website do not apply to the content of third parties.
The NELA-Illinois website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NELA-Illinois website constitutes your agreement to all such terms, conditions, and notices. Your use of a particular NELA-Illinois website may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms") as they arise from time to time.
MODIFICATION TO THESE TERMS OF USE
NELA-Illinois reserves the right to change the terms, conditions, and notices under which the NELA-Illinois sites/services are offered, including but not limited to any charges associated with the use of the NELA-Illinois sites/services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on this Website. Your continued use of the NELA-Illinois sites/services constitutes your agreement to all such terms, conditions, and notices.
LIMITATION ON PERSONAL AND NON-COMMERCIAL USE
Unless otherwise specified, the NELA-Illinois sites/services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the NELA-Illinois sites/services. Without the advance express written permission of NELA-Illinois, you may not "meta-search" the NELA-Illinois sites/services, send, or cause to be sent, any automated queries of any sort to the NELA-Illinois sites/services, or use the NELA-Illinois sites/services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any NELA-Illinois sites/services to determine how a website "ranks" on any NELA-Illinois sites/services.
THIRD PARTY LINKS
The NELA-Illinois sites/services may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of NELA-Illinois and NELA-Illinois is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NELA-Illinois is not responsible for webcasting or any other form of transmission received from any Linked Site nor is NELA-Illinois responsible if the Linked Site is not working appropriately. NELA-Illinois is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NELA-Illinois of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the NELA-Illinois sites/services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. NELA-Illinois shall not be responsible or liable for any part of any such dealings or promotions.
UNLAWFUL AND PROHIBITED USE
As a condition of your use of the NELA-Illinois sites/services, you will not use the NELA-Illinois sites/services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NELA-Illinois sites/services in any manner that could damage, disable, overburden, or impair any NELA-Illinois site/service(s) (or the network(s) connected to any NELA-Illinois site/service(s)) or interfere with any other party's use and enjoyment of any NELA-Illinois site/service(s). You may not attempt to gain unauthorized access to any NELA-Illinois sites/service, other accounts, computer systems or networks connected to any NELA-Illinois site/service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the NELA-Illinois sites/services.
USE OF SERVICES
The NELA-Illinois sites/services may contain email services, listservs, member directories, calendars, brief banks, and/or other message or communication services designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and comply with our listserv use policy, when applicable. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Use any material or information, including images or photographs, which is made available through the NELA-Illinois sites/services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, or any other similar software or programs that may damage the operation of another's computer or property of another.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a NELA-Illinois site/service(s) or other user or usage information or any portion thereof.
MATERIALS PROVIDED TO NELA-ILLINOIS OR POSTED AT NELA-ILLINOIS'S WEBSITE
NELA-Illinois does not claim ownership of the materials you provide to NELA-Illinois or post, upload, input or submit to any NELA-Illinois site/service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting NELA-Illinois permission to use your Submission in connection with the operation of its Internet businesses (including, without limitation, all NELA-Illinois sites/services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of an NELA-Illinois site/service.
No compensation will be paid with respect to the use of your Submission, as provided herein. NELA-Illinois is under no obligation to post or use any Submission you may provide and NELA-Illinois may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMED
The information, software, products and services included in or available through the NELA-Illinois sites/services may include inaccuracies or typographical errors. Changes are periodically made to the NELA-Illinois sites/services and to the information therein. NELA-Illinois and/or its respective suppliers may make improvements and/or changes in the NELA-Illinois sites/services at any time. Advice received via the NELA-Illinois sites/services should NOT BE RELIED UPON for personal, medical, LEGAL or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
NELA-Illinois and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the NELA-Illinois sites/services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. NELA-Illinois and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
NELA-Illinois makes no warranty that any NELA-Illinois services will be uninterrupted, timely, secure or error-free.
You specifically agree that NELA-Illinois shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an NELA-Illinois site/service. You specifically agree that NELA-Illinois is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that NELA-Illinois is not responsible for any content sent using and/or included in an NELA-Illinois site/service by any third party.
In no event shall NELA-Illinois and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the NELA-Illinois sites/services, with the delay or inability to use the NELA-Illinois sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the NELA-Illinois sites/services, or otherwise arising out of the use of the NELA-Illinois sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if NELA-Illinois or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the NELA-Illinois sites/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the NELA-Illinois sites/services.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that NELA-Illinois may establish limits concerning use of any NELA-Illinois Service offered on an NELA-Illinois website, including without limitation the maximum number of days that email messages will be retained by any NELA-Illinois Service, the maximum number of email messages that may be sent from or received by an account on any NELA-Illinois Service, the maximum size of an email message that may be sent from or received by an account on any NELA-Illinois Service, the maximum disk space that will be allotted on NELA-Illinois's servers on your behalf, and the maximum number of times and duration you may access any NELA-Illinois Service in a given period of time.
You agree that NELA-Illinois has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any NELA-Illinois Service. You acknowledge that NELA-Illinois reserves the right to log off accounts that are inactive for an extended period of time.
TERMINATION/ACCESS RESTRICTION
NELA-Illinois reserves the right, in its sole discretion, to terminate your access to any or all NELA-Illinois sites/services and the related services or any portion thereof at any time, without notice.
NELA-Illinois may also terminate or suspend your access to NELA-Illinois site/service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by NELA-Illinois. The amount of time that NELA-Illinois currently considers as an "extended" period of time depends on the particular service. Upon termination of the NELA-Illinois site/service, your right to use the NELA-Illinois site/service immediately ceases.
NELA-Illinois shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
NELA-Illinois will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay NELA-Illinois liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay NELA-Illinois's actual damages, to the extent such actual damages can be reasonably calculated.
GENERAL
This agreement is governed by the laws of the State of Illinois, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the NELA-Illinois sites/services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NELA-IL as a result of this agreement or use of the NELA-Illinois sites/services. You agree to indemnify and hold NELA-Illinois, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the NELA-Illinois sites/services. NELA-Illinois's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NELA-Illinois's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NELA-Illinois sites/services or information provided to or gathered by NELA-Illinois with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NELA-Illinois with respect to the NELA-Illinois sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NELA-Illinois with respect to the NELA-Illinois sites/services. 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.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the NELA-Illinois websites are Copyright © NELA-Illinois, c/o our current address which can be found on our website at nela-illinois.org.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. All inquiries not relevant to the following procedure will receive no response.