Terms of Service
Acceptance of Terms
Description of Service
Through the site, the NEA Academy strives to provide users -- NEA members and friends of public education -- with access to a rich array of educational resources. We hope you find the site useful. We reserve the right to modify, suspend, or discontinue the site, 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.
If you choose to become a registered user of the site, you agree to provide us with true, accurate, and current registration information and to update your registration information to keep it that way.
Please keep your user ID and password confidential. You agree to accept sole responsibility for all activities that occur using your password.
As a condition of using the site, you agree not to use the site, among other things, to:
- impersonate any person or entity, including but not limited to an official of NEA or its affiliates, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 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 the site;
- harm minors in any way;
- harass, threaten, embarrass or cause distress, unwanted attention, or discomfort to a person or entity;
- 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 NEA;
- transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail or other solicitation;
- 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;
- interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements or policies of networks connected to the site; or
- 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.
By submitting Content to us for inclusion on the site, an electronic mailing list, a message board, or otherwise, you represent and warrant that:
- you own all the legal rights to the Content that you submit,
- our publication of the Content will not infringe any patent, trademark, trade secret, copyright, or other proprietary right of any party, and
- you have complied with the TOU.
You also grant the NEA Academy, the NEA, and our affiliates, NEA’s Member Benefits Corporation, NEA Members Insurance Trust, NEA Healthy Futures, and NEA Foundation:
- 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
- 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 the site unless expressly contracted in writing to do so.
You acknowledge that the NEA Academy does not pre-screen Content, but that the NEA Academy shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is available through the site. Without limiting the foregoing, the NEA Academy has the right to remove any Content that violates the TOU or is otherwise objectionable. You agree and acknowledge that the NEA Academy may preserve Content and may disclose Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond claims that any Content violates the rights of third parties or protect the rights, property or personal safety of the NEA Academy, its users and the public.
You agree to indemnify and hold harmless the NEA Academy, the NEA, and our affiliates, NEA Member Benefits Corporation, NEA Members Insurance Trust, and NEA Healthy Futures, and NEA Foundation, and each entity’s respective officers, directors, employees, agents, and partners from and against any claim or demand, including attorneys' fees, made by any third party in connection with:
- any Content that you transmit or otherwise make available via the site,
- your use of the site,
- your connection to the site, or
- your violation of the TOU.
You agree that the NEA Academy may, in its sole discretion, terminate your use of the site for any reason, including but not limited to a violation of the TOU, without prior notice to you. You also agree that the NEA Academy shall not be liable for any termination of access to the site.
Dealings with Advertisers
To defray the costs associated with providing the site, the NEA Academy may sell advertising space on the site. We do not examine or evaluate the products, services, or offerings of advertisers found on the site. 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 the NEA Academy and the NEA or our affiliates 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 the site, 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 the site are those of the respective authors and not of the NEA Academy or the NEA. The NEA Academy and the NEA neither endorse nor are responsible for the accuracy, reliability, or correctness of such Content or services.
The terms in the TOU do not apply to any Web sites that are linked from the site ("linked-sites"), including transfer to offerings provided by third parties who are endorsed providers for the NEA Academy. These linked-sites will have their own policies and practices that may be different from ours. You understand and agree that the NEA Academy and the NEA are 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 the NEA Academy and the NEA 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:
A. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS-IS" OR "AS-AVAILABLE" BASIS. THE NEA AND THE NEA ACADEMY EXPRESSLY DISCLAIM 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.
B. NEA AND THE NEA ACADEMY MAKE NO WARRANTY THAT:
THE CONTENT AVAILABLE VIA THE SITE IS ACCURATE, RELIABLE, OR CORRECT;
THE SITE 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 THE SITE WILL MEET YOUR EXPECTATIONS;
THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND
CONTENT AVAILABLE VIA THE SITE 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 THE NEA ACADEMY, THE NEA, AND OUR AFFILIATES, NEA MEMBER BENEFITS CORPORATION, NEA MEMBERS INSURANCE TRUST, NEA HEALTHY FUTURES, AND NEA FOUNDATION, 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, THE SITE. THIS LIMITATION APPLIES WHETHER NEA 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.
Unless otherwise indicated, the Content displayed on the site is the property of the NEA Academy, the NEA, and our affiliates, NEA’s Member Benefits Corporation, NEA Members Insurance Trust, NEA Healthy Futures, NEA Foundation, 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. NEA Academy, NEA.org and the NEA logo are service marks of NEA. You may not display or use such service marks in any manner without prior written permission from NEA.
The NEA Academy and the NEA respect the intellectual property of others. If you believe that your work or any other work has been used on the site in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- a description of the copyrighted work claimed to have been infringed;
- a description of where the work that you claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- 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
- 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.
The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to material online. In compliance with such Act, NEA has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the site. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
National Education Association
1201 16th Street, N.W.
Washington, DC 20036
Choice of Law
You agree that the laws of the District of Columbia shall govern the TOU and any disputes relating to the site.
The TOU constitutes the entire agreement between you and the NEA Academy governing your use of the site and supersedes any prior agreements, if any, between you and the NEA Academy 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.
If you have any questions or comments regarding the TOU, please contact us.