National Association of Educational Procurement 
 

TERMS OF USE

Acceptance of Terms
Welcome to naepnet.org and lists.naepnet.org (hereinafter referred to as "our sites"). The National Association of Educational Procurement ("NAEP") provides our sites to you as a service subject to the following Terms of Use ("TOU"). Unless explicitly stated otherwise, all features of our sites are subject to the TOU. By using our sites, you accept the terms below. If you do not accept any of these terms, you are not authorized to use our sites. We reserve the right to modify these terms at any time. Your continued use of our sites following the posting of any changes to the TOU constitutes your acceptance of the new terms.

Description of Service
Through our sites, naepnet.org strives to provide users -- NAEP Members and those allied to the field of higher education -- with access to a rich array of resources, including personalized content. We hope you find our sites useful. We reserve the right to modify, suspend, or discontinue our sites, or any part of them, at any time, for any reason without prior notice to you. You agree that we shall not be liable for any such modification, suspension, or discontinuance.

Registration Obligations
If you choose to become a registered user of our sites, you agree to provide us with true, accurate, and current registration information and to update your registration information to keep it that way.

Privacy Statement
Your registration information, as well as other personally identifiable information that you provide us about yourself on our sites, is subject to our Privacy Statement. Click here to read our Privacy Statement.

Password Security
Please keep your user ID and password confidential. You agree to accept sole responsibility for all activities that occur using your password.

User Conduct
As a condition of using our sites, you agree not to use our sites, among other things, to:

      1. impersonate any person or entity, including but not limited to an official of NAEP or its affiliates, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any text, software, music, sound, photographs, graphics, video, or other materials (hereinafter referred to as "Content") transmitted through our sites;
      3. harm minors in any way;
      4. harass, threaten, embarrass or cause distress, unwanted attention, or discomfort to a person or entity;
      5. transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, as solely determined by NAEP;
      6. transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
      7. transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail or other solicitation;
      8. transmit or otherwise make available any Content containing any "virus," "worm," "trojan horse," or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
      9. interfere with or disrupt our sites or servers or networks connected to our sites, or disobey any requirements or policies of networks connected to our sites; or
      10. intentionally or unintentionally violate any applicable local, state, national or international law.

You further agree that this list is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether certain conduct violates this User Conduct Section.

User-Submitted Content
By submitting Content to us for inclusion on an electronic mailing list, a message board, or otherwise, you represent and warrant that:

      1. you own all the legal rights to the Content that you submit,
      2. our publication of the Content will not infringe any patent, trademark, trade secret, copyright, or other proprietary right of any party, and
      3. you have complied with the TOU.

You also grant NAEP:

      1. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any medium, and
      2. the right to use the name and contact information that you submit in connection with such Content, if we so choose. You agree that you will not be compensated for any Content you submit to our sites unless expressly contracted in writing to do so.

Indemnity
You agree to indemnify and hold harmless NAEP, our affiliates, and each entity's respective officers, directors, employees, agents, and partners from and against any claim or demand, including attorney fees, made by any third party in connection with:

      1. any Content that you transmit or otherwise make available via our sites,
      2. your use of our sites,
      3. your connection to our sites, or
      4. your violation of the TOU.

Termination
You agree that NAEP may, in its sole discretion, terminate your use of our sites for any reason, including but not limited to, a violation of the TOU, without prior notice to you. You also agree that NAEP shall not be liable for any termination of access to our sites.

Dealings with Advertisers
To defray the costs associated with providing our sites, NAEP may sell advertising space on the service. We do not examine or evaluate the products, services, or offerings of advertisers found on our sites. Accordingly, we do not warrant any products, services, or offerings of, such advertisers. Your correspondence or dealings with such advertisers are solely between you and the advertiser. You agree that NAEP shall not be held liable for any loss or damage incurred as a result of any such correspondence or dealings.

Third-Party Content and Services
Because we provide a variety of resources on our sites, it is necessary for us to use third parties to contribute Content and offer services. Any Content or services made available by third parties on our sites are those of the respective authors and not of NAEP. NAEP neither endorses nor is responsible for the accuracy, reliability, or correctness of such Content or services.

Links
The terms in the TOU do not apply to any Web sites that are linked from our sites ("linked-sites"). These linked-sites will have their own policies and practices that may be different from ours. You understand and agree that NAEP is not responsible for the operation of any linked-site, and does not endorse nor is responsible for any Content, services, or advertising on linked-sites. You agree that NAEP shall not be held liable for any loss or damage incurred as a result of such Content, services, or advertising.

Disclaimer of Warranties
You agree that

      1. Your use of our sites is at your sole risk. The service is provided on an "as-is" or "as-available" basis. NAEP expressly disclaims any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
      2. NAEP makes no warranty that:
        • The content available via our sites is accurate, reliable, or correct;
        • Our sites will be available at any particular time or location;
        • The quality of any products, services, information, or the material purchased or obtained by you through our sites will meet your expectation;
        • That any defects or errors in the software will be corrected; and
        • Content available via our sites is free of viruses or other harmful components

Because some jurisdictions do not allow the exclusion of certain warranties, certain exclusions in this section may not apply to you.

Limitation of Liability
You agree that NAEP, our affiliates, and each entity's respective officers, directors, employees, agents, and partners shall not be held liable for any direct, indirect, punitive, incidental, special or consequential damages resulting from the use of, or inability to use, our sites. This limitation applies whether NAEPNET/NAEPNETPC has been advised of the possibility of such damages and whether the alleged liability is based on contract, tort, or any other basis. Because some jurisdictions do not allow the exclusion or limitation of certain damages, certain limitations in this section may not apply to you.

Intellectual Property
Unless otherwise indicated, the Content displayed on our sites is the property of NAEP, our affiliates, third-party providers, or their respective licensors and is protected by copyright, trademark and other laws. Any such Content may be displayed solely for your personal, non-commercial use. You agree not to reproduce, modify, publish, translate, create derivative works from, distribute, display, retransmit, or sell such Content without the prior written permission of the respective owner. NAEP and naepnet.org, and the NAEP logo are trademarks of NAEP. You may not display or use such trademarks in any manner without prior written permission from NAEP.

Copyright Agent
NAEP respects the intellectual property of others. If you believe that your work or any other work has been used on our sites in a manner that constitutes copyright infringement, please provide us with the following information:

      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
      2. a description of the copyrighted work claimed to have been infringed;
      3. a description of where the work that you claim is infringing is located on our sites;
      4. your address, telephone number, and e-mail address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement can be reached as follows:
Doreen Murner
Chief Executive Officer
National Association of Educational Procurement
5523 Research Park Drive
Suite 340
Baltimore, Maryland 21228

Choice of Law
You agree that the laws of the State of Maryland shall govern the TOU and any disputes relating to our sites.

Entire Agreement
The TOU constitutes the entire agreement between you and NAEP governing your use of our sites and supersedes any prior agreements, if any, between you and NAEP relating to any matter dealt with in the TOU. You may also be subject to additional terms that apply when you deal with advertisers or use links or third-party Content or services.

Contact Information
If you have any questions or comments regarding the TOU, please contact us at mkendig@naepnet.org.

Return/Refund Policy
Registrations for Professional Development such as webcasts, podcasts, Annual Meetings, Academies or Institutes are non-refundable but are transferrable. All other products are final sale. If you have any questions about our Return/Refund Policy please contact NAEP at 443.543.5540.

NAEP does not allow for the refund of Membership dues. All Membership dues payments are considered final at the time Membership is granted.