C-SPED provides its service to you subject to the
Terms and Conditions of Service and Use that follow. These terms and conditions
apply to all C-SPED subscribers and to all Users of our web site. Your use of
the C-SPED web site constitutes your acceptance and agreement to those Terms
and Conditions of Service and Use.
C-SPED Terms of Service and Use
1. Acceptance of terms.
C-SPED provides its service to you subject to the Terms and Conditions of
Service and Use that follow. Your use of the C-SPED web site constitutes your
agreement to those Terms and Conditions of Service and Use.
2. Limitation on Use to Subscribing Users and Non-Transferability.
As part of the registration process each User will be assigned a User name
and a Password. The User will be solely responsible for all usage or activity
on his/her C-SPED subscription and for assuring that the User Name and Password
are not to be used by anyone else or shared with anyone during the term of the
subscription, and that no one including the User will use it if the User's employment
with the school district or educational agency is terminated. The right to use
the C-SPED site is personal to the designated User(s) and may not be licensed,
transferred, assigned or conveyed without C-SPED 's written consent in advance.
3. Description of Services And Use.
C-SPED will make available its website on an "AS IS" basis. It assumes
no responsibility for the timeliness, deletion, mis-delivery or failure to store
any personalized settings or communication from User. Users may view, download
and print one single copy of each item that appears on the web-site provided
that such item is not used illegally and is used solely for the Staff User's
own noncommercial benefit and not for resale or other transfer or disposition
to any other person or entity, and further provided that any and all copyright,
trademark and other proprietary notices are kept intact and displayed in full.
Other than as specifically permitted by this Paragraph 3, User shall not copy,
print, download or upload or reproduce in any other electronic or print medium
any item on the C-SPED website.
Notices, forms and publications that are provided by C-SPED to implement federal
and regulations under the Check Your Steps and the Section 504 web pages may
be duplicated for use within a particular district or agency when that district
has fully executed a subscription agreement.
C-SPED reserves the right to make changes to the service or temporarily or
permanently discontinue it without notice. C-SPED will not be liable to Users
or other persons for any such change or discontinuance of service. C-SPED may
also change, add to or remove portions from this Agreement unilaterally by posting
a notice of such change on its web site. The Agreement shall be amended from
the posting of the notice. Users accept the change by using the service after
the notice is posted.
C-SPED's web site is designed to provide information regarding the subject
matter presented, and is provided with the understanding of the Users that C-SPED
and its content providers are not engaged in providing legal counsel. If legal
advice is sought, the User should contact the service of a licensed attorney.
4. Copyright Ownership and Trademarks.
The content and structure and organization of all material on the website
are copyrighted by C-SPED unless otherwise indicated. C-SPED reserves all rights.
C-SPED does not claim copyright to any original work prepared by the United
States or any state government. Content and its structure and organization may
not be reproduced, published, disseminated or transferred in any form or by
any means or used in any way without the prior written consent of C-SPED or
the identified owner. A single copy may be made in accordance with paragraph
3 above.
C-SPED and its logos are trademarks of the Center for Special Education. All
other trademarks appearing on the web site are owned by others and their appearance
or reference on the web site does not imply or indicate any approval or endorsement
of C-SPED by those owners unless expressly stated. Because C-SPED is an information
site and service it is necessary to refer to names and trademarks from time
to time in the course of providing news and commentary about subjects on the
website. C-SPED does not thereby indicate any association or affiliation of
any kind with the entities or products thus named or marked.
5. No Warranties; Disclaimer of Warranties.
C-SPED makes no warranties of any kind that use of the website will be uninterrupted,
error- free or purged of computer viruses and will not be responsible for damage
to users' computers or software or loss of data arising out of such virus or
defect.. It is the Users' responsibility to take necessary steps to insure against
viruses or corruption from materials accessed on or downloaded from the website.
Use of the website is at the Users' sole risk. The service is provided on
an "As Is" basis. C-SPED expressly disclaims all warranties of all
kinds, express or implied including but not limited to warranties of merchantability,
fitness for a particular purpose and non-infringement.
C-SPED makes no warranties that the service hereunder will meet user requirements,
that the service will be uninterrupted or timely, secure or error-free, that
any errors in associated software will be corrected, or that the website, content
or associated server(s) are free of viruses.
6. Use of forums, Speak-Out and Chat Rooms.
C-SPED may offer the services of forums, "Speak-Out," and/or chat
rooms to our subscribers conditioned on the User's acceptance of this policy.
The subscriber's use of any forum, the "Speak-Out," or any chat rooms
constitutes the User's agreement to this policy. These services are intended
for your personal, non-commercial use. A User's right to access and to use the
C-SPED forums, the "Speak-Out," and/or the chat rooms is personal
to the User. As a condition of the User's access and use of these services,
the User warrants to C-SPED that the User will not use the forums, the "Speak-Out,"
and/or the chat rooms for any purpose that is unlawful, or prohibited by these
Terms and Conditions of Service and Use or any Additional Terms (as may be posted
on C-SPED's web site from time to time). The User may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, services, software, or benefits obtained
from the forums, "Speak-Out," or the chat rooms.
In addition, the User may not use the services provided through the forums,
"Speak-Out," or the chat rooms to:
Defame, abuse, harass, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others;
Conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited
or unauthorized advertising, promotional materials, unsolicited e-mail or
multi-level marketing campaigns;
Publish, distribute, post, disseminate or link to any:
- inappropriate, profane, defamatory, infringing, obscene, adult content,
nude, indecent or unlawful topic, name, material or information;
- software or other material protected by intellectual property laws, rights
of privacy or publicity, or other proprietary rights, unless you own, control
such rights or have received all necessary consents for your use of such
software and other materials;
- software or other material that contains viruses, corrupted files, or
that may or are intended to damage the operation of another's computer (i.e.,
"cracks" or other programs written to defeat the security measures
of any computer, system or programs);
· Sell, distribute, disseminate or link to any sites for marketing,
sales or distribution of any service or product;
Harvest or otherwise collect information about third parties, including
e-mail addresses, without the express consent of such third parties;
Violate any applicable government laws or regulations.
C-SPED respects the intellectual property of others, and requests all Users
of the C-SPED web site to do the same. C-SPED may, in appropriate circumstances
and at its discretion, terminate the use of forums, "Speak-Out," or
chat rooms by Users who violate any of the above terms, or infringe the intellectual
property rights of others. C-SPED is not obligated to monitor the content on
the forums, "Speak-Out," or chat rooms. However, C-SPED reserves the
right to disclose any information or materials as necessary to satisfy any applicable
law, regulation, legal process or government request, or to remove any information
or materials, in whole or in part, from the forums, "Speak-out," or
chat rooms at C-SPED's sole discretion, without notice at any time.
If you have a complaint about any posting in the forums, "Speak-Out,"
or the chat rooms, please contact C-SPED by e-mail at webmanager@csped.com.
7. Limitation of Liability.
C-SPED shall not be liable for any direct, indirect, special, consequential
or exemplary damages, including but not limited to damages for loss of profits,
goodwill, use, data or any other economic or intangible loss, whether in tort,
contract, or otherwise, resulting from the use or inability to use the service,
the cost of obtaining substitute services or goods necessity by the use or inability
to use this service, unauthorized access to or alteration of your transmissions
or data, or any other matter relating to the service. This limitation applies
even if C-SPED has been advised in advance of the possibility of a problem or
possible damage. The limitation applies in full even if C-SPED is negligent
or otherwise at fault for part or all of the problem or damage. C-SPED's only
liability for damages in the aggregate to Users is to return the amount paid
by the Users and/or District Agency if any for accessing this website. Applicable
law may not allow this limitation or exclusion of liability so the above limitation
or portions thereof may not apply to the Users.
In the event of a chat room, message board, forum and/or news group contained
on the Web site, the C-SPED will give no warranty as to its accuracy, reliability,
originality or decency. The persons posting material will be solely responsible
for ensuring that it is accurate and not obscene, defamatory, plagiarized or
in breach of copyright or confidentiality and will agree to indemnify the C-SPED
against any claims, losses, damages and costs incurred in consequence of the
posting of such material. The C-SPED will reserve the right to remove any such
material posted at any time and without notice or explanation. The C-SPED will
reserve the right to disclose the provenance of such material, republish it
in any form it deems fit or censor it. The C-SPED will reserve the right to
terminate the registration of any person it considers to abuse access to such
future chat room, message board, forum or news group. Any e-mail services supplied
via the Web site are subject to these terms and conditions.
8. Indemnification.
The Users and the District Agency subscribing hereto will protect, defend,
indemnify and hold C-SPED harmless from any claim, demand, expense, or cause
of action arising from or related to any breach of this agreement by the Users
or District Agency, and shall further be responsible to C-SPED for reasonable
attorney's fees for such breach.
9. Links.
C-SPED may provide or third parties may provide links to other web sites or
web pages or resources. C-SPED has no control over such sites, pages or resources
and is not responsible for their availability or accessibility, nor does it
endorse or assume any liability for any content or its accuracy, or for the
advertising or the quality or availability of any products referred to on such
sites, pages or resources. C-SPED is not responsible or liable for any damage,
directly or indirectly, arising out of or connected with use or reliance on
such sites, pages or resources or any materials referred to thereon.
10. Choice of law and forum.
Any disputes hereunder shall be resolved under the law of Mississippi. Any
legal proceeding hereunder must be brought in a court of proper jurisdiction
in Jackson Mississippi. The parties hereby agree to waive a jury trial.
11. Entire Agreement.
This Agreement as amended by postings on the website, if any, constitutes
the entire agreement between the parties and governs use of the service offered
by C-SPED.
If you have any questions about the terms and conditions of use described here
please address them to the webmanager@csped.com
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