AHEAD Web Site Terms of Use and Notices

Last Updated: June 2002

Agreement Between You and The Association on Higher Education and Disability

AHEADWeb is made up of the AHEADWeb pages operated by the Association on Higher Education And Disability, 107 Commerce Center Drive, Suite 204, Huntersville, NC 28078. This Terms of Use and Notices applies to AHEADWeb and does not apply to the content of third parties. AHEADWeb is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of AHEADWeb constitutes your agreement to all such terms, conditions, and notices. Your use of a particular AHEADWeb page included within AHEADWeb may also be subject to additional terms outlined elsewhere in this agreement.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms, then these terms shall control.

Modification of These Terms of Use

AHEAD reserves the right to change the terms, conditions, and notices under which the AHEADWeb Sites/Services are offered, including but not limited to access to member benefits. You are responsible for regularly reviewing these terms and conditions and additional terms posted where applicable. Your continued use of the AHEADWeb Sites/Services constitutes your agreement to all such terms, conditions, and notices.

Personal and Non-commercial Use Limitation

Unless otherwise specified, the AHEADWeb Sites/Services including the Membership Directory 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 AHEADWeb Sites/Services.

Use of Services

The AHEADWeb Sites/Services may contain membership directory data, e-mail services, bulletin board services, chat areas, and/or other message or communication facilities designed to enable you to communicate with the Association or other members (collectively, "Communication Services"). You agree to use the Communication Services only to print, 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, you agree that when using a Communication Service, you will not:

  • Reproduce Membership Directory Information for any purpose other one's personal reference.
  • Reuse Membership Directory Information for any purpose.
  • Reproduce, Use or Reuse membership Directory information for any marketing, sales, advertising or other commercial purpose.
  • Provide copies of membership directory information in any form, including, but not limited to, email, fax, telephonic, or other electronic or any other means of transmitting such date.
  • Use the Communication Service in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of members or users of an AHEADWeb Site/Service(s) or other user or usage information or any portion thereof.
  • 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.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload, download or otherwise make available, reproduce or reuse files that contain Membership Directory Information, 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 you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through the AHEADWeb Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • 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.
  • 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 e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.

AHEAD has no obligation to monitor the Communication Services. However, AHEAD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AHEAD reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

AHEAD reserves the right at all times to disclose any information as AHEAD 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 AHEAD's sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

Member Account, Password, and Security

If any product or service offered on AHEADWeb requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AHEAD immediately of any unauthorized use of your account or any other breach of security. AHEAD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AHEAD or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Links to Third Party Sites

The AHEADWeb Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of AHEAD and AHEAD 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. AHEAD is not responsible for webcasting or any other form of transmission received from any Linked Site nor is AHEAD responsible if the Linked Site is not working appropriately or is inaccessible to persons with disabilities. AHEAD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AHEAD 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 AHEADWeb 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. AHEAD shall not be responsible or liable for any part of any such dealings or promotions.

No Unlawful or Prohibited Use

As a condition of your use of the AHEADWeb Sites/Services, you will not use the AHEADWeb Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AHEADWeb Sites/Services in any manner that could damage, disable, overburden, or impair any AHEADWeb Site/Service(s) (or the network(s) connected to any AHEADWeb Site/Service(s)) or interfere with any other party's use and enjoyment of any AHEADWeb Site/Service(s). You may not attempt to gain unauthorized access to any AHEADWeb Site/Service, other accounts, computer systems or networks connected to any AHEADWeb 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 AHEADWeb Sites/Services.

Software and Content Available Through the AHEAD Websites/Services

All content and software (if any) that is made available to view and/or download in connection with the AHEADWeb Sites/Services ("Software"), is owned by and is the copyrighted work of AHEAD and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of this license agreement, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, AHEAD hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular AHEADWeb sites/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software 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 CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AHEADWEB SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE AHEADWEB SITES/SERVICES AND TO THE INFORMATION THEREIN. AHEAD MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AHEADWEB SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE AHEADWEB SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, EDUCATIONAL OR LEGAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

YOU SPECIFICALLY AGREE THAT AHEAD 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 AHEAD SITE/SERVICE. YOU SPECIFICALLY AGREE THAT AHEAD 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 AHEAD IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN AHEADWEB SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL AHEAD 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 AHEADWEB SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE AHEADWEB SITES/SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AHEADWEB SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE AHEADWEB SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AHEAD 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 AHEADWEB SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AHEADWEB SITES/SERVICES.

AHEAD MAKES NO WARRANTY THAT ANY AHEAD SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Termination/Access Restriction

AHEAD reserves the right, in its sole discretion, to terminate or suspend your access to AHEADWeb Site/Service(s) for inactivity, which is defined as failing to maintain active, paid in full membership in AHEAD, as determined by AHEAD. Upon termination of the AHEADWeb Site/Service, your right to use the AHEADWeb Site/Service immediately ceases. AHEAD 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

AHEAD 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 AHEAD 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 AHEAD'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 Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Franklin, Ohio, U.S.A. in all disputes arising out of or relating to the use of the AHEADWeb Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AHEAD as a result of this agreement or use of the AHEADWeb Sites/Services. You agree to indemnify and hold AHEAD, 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 AHEADWeb Sites/Services. AHEAD reserves the right to disclose any personal information about you or your use of the AHEADWeb Sites/Services, including its contents, without your prior permission if AHEAD has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of AHEAD or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. AHEAD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AHEAD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AHEADWeb Sites/Services or information provided to or gathered by AHEAD 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 AHEAD with respect to the AHEADWeb Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AHEAD with respect to the AHEADWeb 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 AHEADWebs are: Copyright © 2004 AHEAD, 107 Commerce Center Drive, Suite 204, Huntersville, NC 28078, U.S.A., except for those documents considered to be in the public domain, including, but not limited to, letters of finding issued by the U.S. Dept. of Education, Office for Civil Rights, documents copyrighted by others and found on the AHEADWeb as a public service, and the content of Linked Sites. All rights reserved.

TRADEMARKS. AHEAD logo, and AHEAD products and services referenced herein may also be either trademarks or registered trademarks of AHEAD in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

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 AHEAD, c/o Law Office of Jo Anne Simon, 356 Fulton Street, Brooklyn, New York 11201. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Notice shall be in writing and shall be deemed delivered by commercial overnight delivery service, by courier, Certified or Registered mail with Return Receipt Registered or by hand to the address set forth above AHEAD. Notice shall be deemed given on the date of receipt as evidenced in the case of Certified or Registered Mail by Return Receipt.

Membership Directory

This Terms of Use applies to the AHEAD Membership Directory. When you use the Membership Directory site and services you agree to abide by these Terms and any additional terms, conditions and notices appearing on the AHEADWeb.

©2002 Association on Higher Education And Disability. All rights reserved.