Terms of Use
Welcome to your
International English Education Research
Association (IEERA) Web
site, www.ieera.org (the "Site"). In consideration
of your use of the Site, you agree to the
International English Education Research
Association
Privacy Policy
and the following
General Terms of Use:
1. IEERA MEMBER ACCOUNT
You will receive a
password and account designation upon completing the site's
registration process. 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 the International
English Education Research
Association of any unauthorized use of your password or account or any other
breach
of security, and (b) ensure that you exit from your account at the end of
each session.
The International English Education Research
Association cannot and will not be liable
for any loss or damage arising from your failure to comply with this
provision.
You are
responsible for ensuring that no unauthorized person shall have access to
your
password(s) or account(s). It is your sole responsibility to
(1) control the dissemination and use of your passwords;
(2) authorize, monitor, and control (a) access to, and (b) use of your
IEERA account(s)
and password(s);
(3) promptly inform IEERA if you wish to
deactivate a password(s). You grant IEERA and
all other persons
or entities involved in the operation of the IEERA
Site the right to
transmit, monitor,
retrieve, store, and use your information in connection with the
operation of
IEERA Site. IEERA cannot
and does not assume any responsibility or
liability for any
information you submit to IEERA Site, or for your
or third parties' use or
misuse of
information transmitted or received using the IEERA
Site.
2. USE OF THE SITE
You understand
that all information, including but not limited to data, text, software,
music, sound, photographs, graphics, video, messages or other materials,
(the
"Materials"), are the sole responsibility of the person from which such
Materials
originated. This means that you, and not the
International English Education Research
Association, are solely responsible for all Materials that you upload, post,
email, transmit
or otherwise make available (collectively "Upload") via any portion of the
Site. We do not
control all of the Materials posted via the Site and, as such, cannot and do
not guarantee
the accuracy, integrity or quality of such Materials. You understand that by
using the Site,
you may be exposed to Materials that may be offensive or objectionable.
Under no
circumstances will the International English Education
Research Association be liable in
any way for any Materials, including, but not limited to, for any errors or
omissions in any
Materials, or for any loss or damage of any kind incurred as a result of the
use of any
Materials Uploaded via the Site. You agree to not use the Site to:
(i) Upload any Materials that are unlawful, harmful, threatening, abusive,
harassing,
tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or
otherwise objectionable;
(ii) impersonate any person or entity, including, but not limited to, an
International English
Education Research Association representative,
or misrepresent your affiliation with a
person or entity;
(iii) Upload any Materials that you do not have a
legal right to make available or that infringe
any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
and
(iv) Upload any unsolicited or unauthorized advertising, promotional
materials, "junk mail,"
"spam," "chain
letters," "pyramid schemes," or any Material that contains software
viruses or the
like. You understand and agree that the International
English Education
Research Association does not pre-screen
Materials, but that we and our designees
shall have the
right in our sole discretion to refuse or remove any Materials posted to
the
Site.
The
International English Education Research
Association and their respective agents and
representatives, both individually and collectively, make no representations
with respect to
the contents hereof and specifically disclaim any other warranties,
including but not limited
to implied or express warranties of merchantability or fitness for any
particular usage,
application or purpose. The material provided on the
International English Education
Research Association's Site is designed for educational and
entertainment purposes only.
The information on
the International English Education Research
Association's Site is
provided with the understanding that the Association is not engaged in
rendering
professional advice or recommendation. Materials copyrighted by the
International English
Education Research Association are for personal
and institutional use only. Permission to
otherwise reprint or electronically reproduce any document in part or in its
entirety is
expressly prohibited, unless prior written consent is obtained from the
rightful owner or the
International English Education Research
Association.
The compilation of
information on the International English Education
Research
Association's Site, including the design and organization is copyrighted and
may not be
reprinted nor electronically reproduced. Information copyrighted or owned by
any individual
or entity other than the International English Education
Research Association is for
personal use only.
3. TERMINATION OF USE
You agree that the
International English Education Research
Association, in its sole
discretion, may terminate your password, account (or any part thereof) or
use of the Site,
and remove and discard any Materials within the Site, for any reason. The
International
English Education Research Association may also in its sole
discretion and at any time
discontinue providing the Site, or any part thereof, with or without notice.
You agree that
any termination of your access to the Site under any provision hereof may be
effected
without prior notice, and acknowledge and agree that the
International English Education
Research Association 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 the Site.
Further, you agree that the International English
Education Research Association shall
not be liable to you or any third-party for any termination of your access
to the Site.
4. USE OF UPLOADED MATERIALS
The
International English Education Research
Association does not claim ownership of
Materials you Upload on the Site. Should you Upload Materials via the Site
(either by
offering suggestions via e-mail or participating in any interactive
opportunities available
on this Site from time to time), such information shall be considered
non-confidential and
the International English Education Research
Association shall have no obligation of any
kind with respect to such information, and shall be free to use any ideas,
concepts, or
information contained in such Materials without any obligation and, for any
purpose,
including but not limited to developing, manufacturing, and marketing
products
incorporating such information. In addition, you grant the
International English Education
Research Association a world-wide, royalty free and non-exclusive
license with respect to
Materials to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display
such Materials on the Site
(i) to provide and promote the specific portion of the Site to which such
Materials were
submitted or made available,
and
(ii) for the purpose for which such Materials were submitted or made
available. You agree
to indemnify and hold the
International English Education Research
Association, and its
affiliates, officers,
agents, partners, and employees, harmless from any claim or
demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Materials you
Upload, your use of the Site, your connection to the Site, or your
violation of any rights
of another. IEERA retains the right to turn over
any materials if
legally requested to do
so.
FORUMS AREA
Information shared
in the Forum Area of this site is not reviewed by the
International
English Education Research Association (IEERA).
This site is provided for you to share
personal experiences about diabetes. IEERA
cannot be held liable for any
recommendations made by users and visitors to our web site. If you are aware
of a
copyright violation, please contact webmaster@ieera.org.
Protecting the
privacy of the very young is especially important. For that reason, children
under age 13 are prohibited from entering the IEERA
Forums Area. The IEERA adheres
to the 1998 Children's Online Privacy Protection Act (COPPA).
(For more information visit the Federal Trade
Commission's COPPA site at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/adults.htm)
By using the Forums area, you signify your assent to site Terms of Use.
Your privacy is
important to us. To better protect your privacy we provide a notice
explaining our online information practices and the choices you can make
about the way
your information is collected and used. By agreeing to this Terms of Use,
you also have
signified assent to the International English Education
Research Association Privacy Policy.
If you participate in the Forums area within the IEERA Site, you cannot:
-Participate if you are under the age of 13.
-Advocate illegal activity or discuss illegal
activities;
-Post or distribute any vulgar, obscene,
discourteous, unlawful, obscene, defamatory,
unwelcome, threatening, harassing, abusive,
slanderous, hateful, or indecent language
or images or embarrassing to any other
person or entity as determined by IEERA in its
sole discretion;
-Advertise, sell to or solicit others;
-Make any bigoted, hateful, or racially offensive
statements;
-Use the Forum for commercial purposes of any
kind;
-Post or distribute any software or other
materials that contain a virus or other harmful
component;
-Post material or make statements that do not
generally pertain to the designated topic
or theme of any chat room or bulletin board;
-Use a Forum for any purpose in violation of
local, state, national, or international laws;
-Post or distribute any material that infringes
and/or violates any right of a third party or
any law, including the intellectual property
rights of others or the privacy or publicity rights
of others;
-Continue to post comments after receiving a
warning;
-Post chain letters or pyramid schemes;
-Impersonate another person;
-Harvest or otherwise collect information about
others, including email addresses,
without their
consent;
-Allow any other person or entity to use your
identification;;
-Post the same note more than once or "spam"; or
-Engage in any other conduct that restricts or
inhibits any other person from using or
enjoying the Forums Area of
the Site, or which, in the judgment of
IEERA, exposes IEERA
or any of its members or suppliers to
any liability or detriment of any type.
You are solely
responsible for your own communications within the Forums Area, the
consequence(s) of posting these communications and your reliance on any
communications found in the Forum Areas. In cases where you feel threatened
or believe
someone else is in danger, you should contact your local law enforcement
agency
immediately. When participating in a Forum, never assume that people
are who they say
they are, know what they say they know, or are affiliated with whom they say
they are
affiliated. Information obtained in the Forums Area may not be reliable, and
it is not a good
idea to make any decisions based solely or largely on information you cannot
confirm. The
IEERA cannot be responsible for the content or accuracy of any
information, and shall not
be responsible for any decisions made based on such information.
IEERA reserves the right (but is not obligated) to do any or all of the following:
-Investigate an allegation that a communication(s)
do(es) not conform to the terms of this
section and determine in its sole discretion
to remove or request the removal of the
communication(s);
-Remove communications that are abusive, illegal,
or disruptive, or that otherwise fail to
conform to these Terms of Use;
-Terminate a user's access to the Forums Area
and/or the IEERA Site upon any breach of
these Terms of Use; or
-Monitor or disclose any communication in the
Forums Area.
IEERA reserves the right to remove postings from
any Forum at any time and for any
reason. IEERA reserves the right to take any
action it deems necessary to protect the
personal safety of our guests or the public. However,
IEERA assumes no liability or
responsibility to users of the IEERA Site or any
other person or entity for performance
or nonperformance of the aforementioned activities.
5. GENERAL PRACTICES
You acknowledge
that the International English Education Research
Association may
establish general practices and limits concerning use of the Site, including
without
limitation, the maximum number of days that Uploaded Materials will be
retained by
the Site, the maximum disk space that will be allotted on the
International English
Education Research Association's servers on your behalf, and the
maximum number
of times (and the maximum duration for which) you may access the Site in a
given
period of time. You acknowledge that the International
English Education Research
Association reserves the right to remove accounts. You further
acknowledge that the
International English Education Research
Association reserves the right to change
these general practices and limits at any time, in its sole discretion,
without notice.
6. LINKS TO OTHER SITES
The Site may
provide links to other World Wide Web sites or resources. You
acknowledge and agree that the International English
Education Research Association
has no control over such sites and resources and is not responsible for the
availability
of such external sites or resources, and does not endorse and is not
responsible or
liable for any Materials, advertising, products, or other materials on or
available from
such sites or resources. You further acknowledge and agree that the
International
English Education Research Association 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 Materials available on or through any
such site or
resource.
7. IEERA PROPRIETARY RIGHTS
You acknowledge
and agree that the Site and any necessary software used in
connection with the Site ("Software") contain proprietary and confidential
information
that is protected by applicable intellectual property and other laws. You
further
acknowledge and agree that Materials contained in sponsor advertisements or
information presented to you through the Site or advertisers is protected by
copyrights,
trademarks, patents or other proprietary rights and laws. Except as
expressly authorized
by the International English Education Research
Association, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Site or the
Software, in whole or in part. The International English
Education Research Association
grants you a personal, non-transferable and non-exclusive right and
license to use the
object code of its Software on a single computer; provided that you do not
(and do not
allow any third party to) copy, modify, create a derivative work of, reverse
engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to
modify the Software in any manner or form, or to use modified versions of
the Software,
including (without limitation) for the purpose of obtaining unauthorized
access to the Site.
You agree not to access the Site by any means other than through the
interface that is
provided by the International English Education Research
Association for use in
accessing the Site.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT THIS SITE AND THE CONTENT ARE
PROVIDED "AS IS". THE
International English Education Research
Association, ITS AGENTS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE. SPECIFICALLY, THE
International
English
Education Research Association, ITS AGENTS, AND ITS SUPPLIERS
MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE,
TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH
THE USE OF THE SITE.
IN NO EVENT
SHALL
International English Education Research Association,
ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE
LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT
International English Education Research
Association IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. CHOICE OF LAW AND JURISDICTION
The
International English Education Research
Association is a non-profit international
organization located in the United States of America. Access to
the Site may not be legal
by certain persons or in certain countries outside of the USA. If you access
this site from
outside the United States, you do so at your own risk and are responsible
for compliance
with the laws of your jurisdiction. If any provision of these General Terms
of Use is found
to be invalid by any court having competent jurisdiction, the invalidity of
such provision
shall not affect the validity of the remaining provisions of these Terms and
Conditions.
You expressly agree that exclusive jurisdiction
for any dispute with the International
English Education Research Association, or in any way relating to
your use of the Site,
resides in the courts of the State of Delaware.
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