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Terms & Conditions

TERMS OF USE

1. Agreement to terms of usage as prerequisite to using the Website ("naae.org") of the National Association of Agricultural Educators

The National Association of Agricultural Educators (referred to as "us" or "we" or "NAAE") provides the naae.org website and various related services (together referred to as this "site") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between you (or your company) and NAAE. In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS, CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE, WHERE SUCH OPTION IS AVAILABLE TO YOU, OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THIS SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US OR IF YOU ARE A PERSON BARRED BY LAW FROM USING THE SERVICES OF THIS SITE, YOU MAY NOT USE THIS SITE AND/OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE.

These Terms of Use are effective as of 5/28/2008. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, agents and employees.

2. Description of Services

We make various services available on this site including, but not limited to, educational resources, lesson plans, professional development opportunities, and general information. Fees for the various services are set out elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem, and your own Internet access (including payment of telephone service fees associated with such access).

We reserve the sole right to either modify or discontinue this site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

3. Intellectual Property Policies

For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on this site.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of us, our Affiliates, or our suppliers, partners, sponsors, advertisers or subscribers to this site. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks, service marks, and trade dress appearing on this site are the property of their respective owners and may not be reproduced without their owners’ express permission. Violations of our or our Affiliate's trademark rights may result in severe civil and criminal penalties.

Content Submitted to naae.org

Content available on this site, including but not limited to the Communities of Practice webpages, which is provided by you, is provided independent of the NAAE and NAAE does not claim ownership of such content unless provided otherwise in a separate written agreement between you and NAAE. By submitting content to NAAE for inclusion on this site, you grant NAAE a fully paid, royalty free, world-wide non-exclusive license to display, distribute, sublicense, reproduce, modify, adapt and publish your content solely for the purposes of displaying, distributing and promoting such content on naae.org unless expressly provided otherwise in a separate written agreement between you and NAAE. You also grant NAAE the right to authorize the downloading and/or printing in whole or in part of any content that you have submitted to naae.org for personal and non-commercial use by the subscribers and/or users of naae.org.

Copyright Infringement Policy

It is the NAAE’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law, including but not limited to the Digital Millennium Copyright Act. Where appropriate, NAAE may exercise its discretion and deny access to NAAE and this site and any of the content, services and products available on or through this site, including but not limited to, the termination of any subscriptions or registrations for the use of the Communities of Practice webpages, to any person who infringes its intellectual property rights or the intellectual property rights of others.

If your copyright is infringed: If you believe that material posted on this site violates your copyright, or provides references or links to any other websites which contain allegedly infringing materials, please immediately provide NAAE’s Copyright Agent (see name and address below) with a written statement (“Notification of Copyright Infringement”) which contains all of the information stated below.

Notification of Copyright Infringement: Any Notification of Copyright Infringement provided to NAAE must contain all of the following information:

  1. The electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  2. Identification of each copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on this site that is reasonably sufficient for NAAE to locate the material;
  4. Your name, address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your statement is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

NAAE’s Copyright Agent: NAAE’s Copyright Agent is Julie Fritsch and she can be reached as follows:By mail:
Ms. Julie Fritsch
National Association of Agricultural Educators
300 Garrigus Building Lexington, KY 40546-0215
By Phone:
(859) 257-2224
By Fax:
(859) 323-3919
By E mail:
jfritsch.naae@uky.edu
Procedure After Notification: After NAAE’s Copyright Agent receives a written notification of copyright infringement which substantially complies with the requirements listed above, NAAE will take the following steps:

  1. NAAE will disable access to or to remove the allegedly infringing material;
  2. NAAE will take reasonable steps to promptly notify the person who wrote or posted the allegedly infringing material (the “Alleged Infringer”) that it has removed or disabled access to the material.
  3. At the same time, NAAE will inform the Alleged Infringer that he or she has the right to send a counter-notification (“Counter Notification”) to NAAE which contains all the information stated below.
  4. Upon receipt of a Counter-Notification, NAAE will take reasonable steps to promptly send a copy of the Counter-Notification to the person who provided the original notification (the “Copyright Owner”).
  5. At the same time, NAAE will inform the Copyright Owner that NAAE will replace the material it removed or will cease disabling access to it in ten (10) business days.
  6. NAAE will replace the material it removed or will cease disabling access to it in not less than ten (10) and in not more than fourteen (14) business days following receipt of the Counter-Notification. It will do this unless its Copyright Agent receives a notice from the Copyright Owner that the Copyright Owner has filed an action seeking a court order to restrain the Alleged Infringer from engaging in infringing activity relating to the material on NAAE’s system or network. NAAE must not be listed as a party to the action; any lawsuit should solely be between the Copyright Owner and the Alleged Infringer.

Counter-Notification: To send a Counter-Notification, the Alleged Infringer should provide NAAE’s Copyright Agent (see name and address above) with a written statement which contains all of the following information:

  1. The electronic or physical signature of the Alleged Infringer or a person authorized to act on his or her behalf.
  2. Identification of the material which NAAE removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The Alleged Infringer’s name, address and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of the Federal District Court for the judicial district in which the Alleged Infringer’s address is located. If the Alleged Infringer’s address is outside the United States, the Alleged Infringer must include a statement that he or she consents to jurisdiction of the Federal District Court for any judicial district in which NAAE may be found. The Alleged Infringer’s written statement must also state that he or she will accept service of process from the person who provided the original notification of copyright infringement or from that person’s agent.

Misrepresentation: Please note that under Section 512(f) of the Digital Millennium Copyright Act (17 U.S.C. § 512), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

4. Permissible uses of website materials

This site is 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, products or services obtained from this site.

5. Disclaimer of all express and implied warranties

We do not make any representation about the accuracy or suitability of any information, representation, image, graphic, content, products or services contained on or accessible through this site; all information, representations, images, graphics, content, product and services are provided "AS IS" and without any warranty of any kind and your use of the same is at your sole risk.

WITH REGARD TO ALL INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCTS AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THIS SITE, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation on liability for damages

WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE VIEWING OF, DOWNLOADING OF, USAGE OF AND/OR RELIANCE ON ANY INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCT AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THIS SITE; WE ARE NOT LIABLE FOR THESE DAMAGES, REGARDLESS OF WHETHER AN ACTION IS BROUGHT IN TORT OR CONTRACT AND REGARDLESS OF WHETHER YOU WARNED US OF THE POSSIBILITY OF SUCH DAMAGES.

7. Disclaimer of responsibility for errors and omissions in website materials

This site may include technical inaccuracies or typographical errors. We do not warrant the accuracy of any of the information, content, services, images, graphics, products, or representations appearing on this site.

8. Disclaimer of responsibility for material posted at other "linked" websites.

There are links on this site that allow you to leave this site and to visit other websites that are not under our control or direction. Accordingly, we are not and cannot be held liable or responsible for the content, services, images, graphics, products, or representations of any linked website. We cannot and do not guarantee, represent or warrant that the content contained in those linked websites is accurate, legal or inoffensive, or that those websites do not contain viruses or will not otherwise adversely affect your computer. We provide links to these other websites solely as a convenience to you. Our inclusion of any link does not imply our sponsorship, endorsement, affiliation, or approval of the linked website.

9. Requirement of indemnification for damage caused by website visitors.

As a condition of your use of this site, you warrant to us that you will not use this site for unlawful purposes or in ways that are prohibited by these terms of usage or that could damage or disable this site or interfere with any other party's use and enjoyment of this site. You agree to indemnify and hold us and our officers, agents and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this site.

10. Governing Law and Venue

This site (excluding any linked websites) is controlled by us from our offices within the Commonwealth of Kentucky, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Kentucky, by accessing this site both of us agree that the statutes and laws of the Commonwealth of Kentucky, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts located in Lexington, Kentucky with respect to such matters.

11. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Ms. Julie Fritsch at jfritsch.naae@uky.edu, if by email, or at National Association of Agricultural Educators, 300 Garrigus Building, Lexington, Kentucky, 40546-0215, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through this site to inform you of changes to this site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

12. Children's Online Privacy Protection Act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at this site from those we actually know are under 13, and no part of this site is structured to attract anyone under 13.

13. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

14. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through this site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. 30480452.2