Effective Date: October 1, 2015
Copyright and License
The AAUW content within this Site, including, without limitation, the design, source code, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the "Content"), and the selection, arrangement, structure, coordination, and "look and feel" thereof, are the property of AAUW, ALL RIGHTS RESERVED Copyright © 2015 AAUW, Inc. and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, and (aside from U.S. currency depictions) print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right for you to:
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of AAUW or any third party.
Trademarks and Service Marks
All AAUW names, slogans, and our logos on this Site are either trademarks, service marks, or registered trademarks of AAUW or its suppliers and licensors and are the property of AAUW. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any Metatags or any other "hidden text" utilizing AAUW or any other name, trademark, or product name of AAUW without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of AAUW, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Reference to any services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Use of Material Submitted to AAUW (User Generated Content)
In the event that AAUW provides for, or otherwise permits, users to submit content to the Site, you will retain your ownership interest in all communications or files provided by you to AAUW, or this Site, via uploads, social media postings, forums, message boards, postings, and/or by email, telephone, text messaging, mail, or otherwise, including any text, pictures, videos, audio clips, comments, questions, suggestions, thoughts, or the like (collectively, the "Material"), and in any ideas, concepts, knowledge, or techniques ("Information") contained in the Material. You hereby grant AAUW and its agents, affiliates, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all submitted Material in any manner and for any purposes on the Site and in AAUW's social media platforms. All such Material and Information is, and will be treated as, non-confidential and non-proprietary. AAUW retains the right to edit all submitted Material in any manner and for any purpose, but is under no obligation to do so. AAUW may not be able to review all Material submitted and nothing herein requires AAUW to use, review or distribute Material provided by a user. You represent and warrant that prior to submission, you own the Material and Information submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said Material and/or Information on the Site does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. AAUW reserves the right to use the Material and Information for any purpose, including, but not limited to, posting, reproduction, disclosure, distribution, transmission, publication, and broadcast. Nothing herein requires AAUW to use, review or distribute the aforementioned Material and Information provided by a user. AAUW reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Material or Information that users provide, for any purpose, including, but not limited to, developing, manufacturing and marketing products or services using such information, and the user understands there shall be no consideration, royalties or other compensation from AAUW, its agents, affiliates or assigns for use of said Material or Information. Further, by providing Material and/or Information to the Site, each user and his/her respective heirs, hereby agree to defend, indemnify, discharge, release, and hold AAUW, together with its parent, agents, affiliates, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the "Released Parties"), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party's rights, inclusive of attorneys' fees and costs in connection to the Material and/or Information. The user will not upload or post commercial advertisements, "spam," or other solicitations in any manner relating to other websites, products, or services.
Unauthorized Use Prohibited
The user will not submit or otherwise post Material or Information resulting from unauthorized use, or impersonation, of another user's identity, name, photograph, screen-name, or persona; however, AAUW is not responsible for screening for any such conduct. AAUW is not liable for any losses of any kind, including without limitation, consequential or special damages, caused by any unauthorized use of user's identity, name, photograph, screen-name, or persona, and you may be liable for the losses of AAUW or others due to such unauthorized use.
Commercial Advertisements and Other Prohibited Material
The user will not submit or post commercial advertisements or other solicitations, in any manner relating to other websites, products, or services. In addition, AAUW reserves the right to remove any Material, Information or other content it deems to be offensive, discriminatory, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, illegal, or an invasion of privacy, or which in any manner violates these Terms. Please report abuse to the AAUW webmaster at firstname.lastname@example.org or email@example.com. Subject: Report Abuse. AAUW reserves the right to prohibit use or access to the Site at any time for violating these Terms.
Third Party Links
AAUW may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
THIS SITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In using this Site, users expressly waive any and all claims that they may have against AAUW. You agree to indemnify, defend, and hold the Released Parties, together with their respective licensors and suppliers, harmless from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.
The parties agree that the substantive law governing this agreement, including any claim, dispute, or controversy arising between AAUW and you hereunder (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims), shall be the laws of the District of Columbia, without giving effect to any conflict of law provisions thereof.
Except to the extent pre-empted by federal or other applicable state law, the Terms shall be governed by the laws of the District of Columbia, without giving effect to any conflict of law provisions thereof. Users agree that all claims, disputes or controversies shall be resolved by final and binding arbitration in the District of Columbia. You and AAUW are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act ("FAA"), and conducted by Judicial Arbitration and Mediation Services, Inc. ("JAMS"), in accordance with the JAMS international arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys' fees and actual costs incurred in such action. The arbitrator shall be bound to apply and enforce the terms of the official rules and the arbitrator's decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither user or AAUW shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.
Further, in any such dispute, under no circumstances will users be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys' fees and costs), other than actual out-of-pocket expenses and further waive all rights to have damages multiplied or increased.
You may opt out of the arbitration provision contained in this agreement. You acknowledge and understand that this opt out provision is only effective in the event you notify AAUW in writing to firstname.lastname@example.org or email@example.com within 30 calendar days from the date of first use of the Site. Users hereby waive any and all rights to claim punitive, incidental or consequential damages, attorneys' fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.
Users hereby waive any and all rights to claim punitive, incidental or consequential damages, attorneys' fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.
Digital Millennium Copyright Act
AAUW provides the Site as an interactive service provider and is not liable for any and all claims resulting from the use of Material or Information. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized Material or Information has been posted on this Site, please notify us by email at firstname.lastname@example.org or email@example.com with the subject line stating "Copyright." The DMCA notice MUST include the following information: (i) a detailed description of the alleged infringement; (ii) the copyright owner's name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) the following statement:
"I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing."