Last Updated: June 2002
Agreement Between You and The Association on Higher Education and Disability
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms, then these terms shall control.
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
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.
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.
AHEAD MAKES NO WARRANTY THAT ANY AHEAD SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
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.
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.
©2002 Association on Higher Education And Disability. All rights reserved.