Website Legal Notice
© 2015 NAPE. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of NAPE.
Terms and Conditions of Use
Welcome to NAPE’s website (www.napequity.org) (the “Site”). Use of this Site is governed by the Terms and Conditions set forth herein (the “Notice”) and the Materials Use Policy (which can be found at http://www.napequity.org/support/materials-policy) herein incorporated by reference in its entirety. PLEASE READ THESE TERMS AND CONDITIONS AND THE MASTER USE POLICY CAREFULLY BEFORE USING THIS SITE. The terms “NAPE”, “us”, “we”, or “our” refers to the National Alliance for Partnerships in Equity Education Foundation. The term “you”, “your”, “User” or “Users” refers to the User of the Site. The information and materials provided by NAPE may be used for authorized purposes only. By using, accessing or downloading materials from this Site you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the Site, both now and in the future. NAPE may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this Site.
Through the Site, NAPE provides Users with access to a variety of resources, including without limitation download areas, communication forums and program information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to this Notice.
You may view, download and copy information and materials available on this Site solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of NAPE’s programs and Services. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. Other use of the Services, materials or information is subject to the terms and conditions of the Master Use Policy. Any violation of the foregoing may result in civil and/or criminal liabilities.
Ownership of Information and Materials
The Services, information and any materials (including, without limitation, hand-outs, curriculum, reports, posters, media, video, white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this Site are the copyrighted works of NAPE, and any unauthorized use of that information or materials may violate copyright, trademark and other laws. Any rights not expressly granted herein are reserved.
NAPE’s trademarks may be used only with written permission from NAPE. NAPE, NAPEEF, Stem Equity Pipeline, Micromessaging,
are registered trademarks or trademarks of NAPE. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or other proprietary rights of NAPE or any third party.
A. User shall use the Site for lawful and authorized purposes only. User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without NAPE ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in NAPE ‘s discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted. User shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with NAPE .
B. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under applicable copyright laws. NAPE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of NAPE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, User automatically grants, or warrants that the owner of such material has expressly granted NAPE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants NAPE the right to edit, copy, publish and distribute any material made available on the Site by User.
D. The foregoing provisions of this Section are for the benefit of NAPE, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Use of Services
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or has received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the 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, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless specifically authorized by NAPE or such Communication Services specifically allows such messages.
- Download any file posted by another User of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as 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.
- Restrict or inhibit any other User from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- 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 the Services or other User or usage information or any portion thereof.
NAPE has no obligation to monitor the Communication Services. However, NAPE reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. NAPE reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. NAPE reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NAPE’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. NAPE does not control or endorse the content, messages or information found in any Communication Services and, therefore, NAPE specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized NAPE spokespersons, and their views do not necessarily reflect those of NAPE.
Member Account, Password, and Security
If any of the Services requires User to open an account, User must complete the registration process by providing NAPE with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a User name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify NAPE immediately of any unauthorized use of User’s account or any other breach of security. NAPE will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by NAPE or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
Notice Specific to Software Available on This Site
Any software that is made available to download from the Services (“Software”) is the copyrighted work of NAPE and/or its suppliers. Use of the Software is governed by the terms of the end User license Notice, if any, which accompanies or is included with the Software (“License Notice”). An end User will be unable to install any Software that is accompanied by or includes a License Notice, unless he or she first agrees to the License Notice terms.
The Software is made available for download solely for use by end Users according to the License Notice. Any reproduction or redistribution of the Software not in accordance with the License Notice is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE NOTICE ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE NOTICE. EXCEPT AS WARRANTED IN THE LICENSE NOTICE, NAPE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, NAPE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. NAPE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
Notice Specific to Documents Available on This Site
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for educational use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications or repurposing of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Unless expressly agreed to by NAPE in accordance with the Master Use Policy, use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
NAPE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NAPE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NAPE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Notices Regarding Software, Information, Documents, and Services Available on This Site
IN NO EVENT SHALL NAPE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, INFORMATION, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Materials Provided to NAPE or Posted at Any of Its Sites
NAPE does not claim ownership of the materials User provides to NAPE (including feedback and suggestions) or post, upload, input or submit to any Services 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”) User’s Submission User is granting NAPE, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all NAPE Services), including, without limitation, a worldwide license rights to: copy, modify, display, distribute, transmit, publicly perform, reproduce, edit, translate, create derivative works therefrom, and reformat User’s Submission; to publish User’s name in connection with User’s Submission, in consideration of the mutual promises set forth in this Notice and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged; and the right to sublicense such rights to any supplier of the Services. NAPE may use such Submissions in any way it chooses on an unrestricted basis.
Links to Other Sites
As a convenience and to make the Site truly service oriented we have included links to complementary sites on the Internet that will let you leave the Site. These sites are owned and operated by third parties and not under the control of NAPE. NAPE makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. NAPE is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. NAPE is not responsible for webcasting or any other form of transmission received from any linked site. A third party link from the Site is provided as a convenience and is not an indication that NAPE endorses the third party or its site, or has any affiliation with or between NAPE and the third party hosting site.
Third Party Materials
In many instances, including without limitation in the resources section of the Site, the content available through the Site represents the opinions, findings, recommendations, and judgments of the respective information provider, User, or other User not under contract with NAPE. NAPE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized NAPE employee spokespersons while acting in their official capacities. Furthermore, inclusion of a product, program, service, or practice in the Site does not imply its endorsement by NAPE. Under no circumstances will NAPE be liable for any loss or damage caused by a User’s reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through NAPE. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Unsolicited Idea Submission Policy
NAPE OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN NAPE’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO NAPE. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO NAPE OR ANYONE AT NAPE. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT NAPE MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
NAPE shall have the right, but not the obligation, to monitor the content of the Site, including any Communication Services (as identified above), to determine compliance with this Notice and any operating rules established by NAPE and to satisfy any law, regulation or authorized government request. NAPE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, NAPE shall have the right to remove any material that NAPE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to indemnify, defend and hold NAPE and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and Material providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Notice or use of the Site.
NAPE strives to provide you with useful, accurate, and timely information on this Site. Accordingly, NAPE has attempted to provide accurate information and materials on this Site but assumes no responsibility for the accuracy and completeness of that information or materials. NAPE may change the content of any information or materials available at this Site, or to the products described in them, at any time without notice. However, NAPE makes no commitment to update the information or materials on this Site which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of NAPE. Neither NAPE, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Site. NAPE reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
ALL INFORMATION, DOCUMENTS, SOFTWARE AND MATERIALS AVAILABLE AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND NAPE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL NAPE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Termination of Use
NAPE may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to any Communication Services (identified above) on the Site, for any reason, including without limitation, breach of this Notice, Master Use Policy or other violations. In the event this Notice is terminated, the restrictions regarding materials appearing on the Site and the representations and warranties, indemnities, and limitation of liabilities set forth in this Notice shall survive any such termination.
Governing Law; Jurisdiction and Venue
This Notice shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. The federal and state courts of Pennsylvania shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Notice, and each party hereby consents to the personal jurisdiction and venue of such courts.