WEBSITE TERMS OF USE AGREEMENT

A. Assent to Agreement.

This Website Terms of Use Agreement ("Agreement") governs your access to and use of the Website accessible at the URL www.SelfAdvocacyOnline.org along with all of its corresponding pages (collectively, the "Site") and the content of the Site (the "Content"). The Site is owned and operated by The Research and Training Center on Community Living (RTC). The function of the Site is to provide information and a forum for communicating about self-advocacy for people with disabilities. The information provided on this Site may come from third parties and the RTC does not guarantee the accuracy of any such information. This Agreement is between the RTC and any party that accesses or otherwise uses the Site or the Content (the "User," also referred to herein as "you," "your," etc., and if the User is accessing or using the Site or the Content for any reason other than personal, individual use, then "you," "your," etc., also means the company, or other entity, that such party is accessing or using the Site and/or Content on behalf of, and its officers, directors, members, employees, agents, contractors, successors and assigns).

BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS AND CONDITIONS SET FORTH HEREIN IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AS IF YOU HAD HANDWRITTEN YOUR NAME ON A CONTRACT.

B. License and Restrictions on Use.

1. Intellectual Property. All Content, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Site is the property of the RTC or its content suppliers and is comprised of protected copyrights, trademarks, trade secrets, and other proprietary rights, and such rights are protected in all forms, media, and technologies existing now or hereinafter developed. The Content is protected as a collective work under the U.S. Copyright Act (17 U.S.C. § 101, et seq.) and international treaty provisions, and the RTC owns a copyright in the selection, coordination, arrangement and enhancement of such Content as well as the copyright and other protection available to individual aspects of the Content.
2. License. (a) The RTC hereby grants you a limited, nonexclusive, non-transferable personal license to use the Site and the Content for personal (if the User is an individual) or internal business (if the User is other than an individual), informational purposes only. You may print and/or download and store the Content for non-commercial, personal or internal business use (as applicable) only, provided that you retain all copyright and other proprietary notices contained on the Content without modification. This license is conditioned on your continued compliance with all of the terms and conditions in this Agreement. (b) The RTC enables registered users of the Site to post information on the Site and to send messages to other registered users of the Site that have accepted “Friend” invitations. The intent of the Groups and Friends features are to enable registered users to connect with other registered users with common interests. You hereby grant the RTC a perpetual, royalty-free, fully paid-up, non-exclusive, worldwide, license to use, copy, display, modify and/or destroy the information that you post or send by use of the Friends and Groups Features.
3. Restrictions. (a) Except as expressly authorized in this Agreement or otherwise authorized by the RTC in writing, you shall not reverse engineer, disassemble, decompile, use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post the Content for any purpose, or in any way exploit any of the Content, in whole or in part. (b) You shall not, without the prior written consent of the RTC: (i) create any in-line link to the Site or any of its pages, display the Site or any of its pages in a frame, or otherwise modify the display of the Site or the Content in any way, including displaying any text, images or other information or material other than the Content; (ii) use any metatags or any other "hidden text" using the RTC's name, trademarks or other material on your website or otherwise that would or may suggest an affiliation, connection or association between you and the RTC or that is likely to or could cause confusion regarding the RTC as the origin of, or the RTC's sponsorship or approval of, any of your content, goods or services, whether or not such content, goods or services are set forth in or accessible from your website. All rights not expressly granted herein are reserved to the RTC and/or its licensors. You acknowledge and agree that if you exploit or use the Site or the Content in any unauthorized manner, the RTC will be irreparably harmed and that the RTC is entitled, as its non-exclusive remedy, to an injunction prohibiting such continued unauthorized use, an accounting and disgorgement of any profits you receive from such use, and other equitable relief.

C. Trademarks.

"SELFADVOCACYONLINE" and " SELFADVOCACYONLINE.ORG" AND " SELF-ADVOCACY ONLINE" are trademarks of the RTC. All other marks, names, and logos mentioned on the SelfAdvocacyonline.org site are the property of their respective owners. Your use of the SELFADVOCACYONLINE trademarks and other marks, names and logos set forth on the Site without prior written consent is strictly prohibited.

D. Your Representations, Warranties and Covenants.

You represent, warrant and covenant that: (1) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (2) you will use this Site and the Content only in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement; (3) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from the RTC or any other party for any purpose; (4) you will not use the Site or the Content for any purpose other than their intended purpose and for your personal or internal business needs (as applicable) (5) you will not disseminate or transmit any unsolicited commercial e-mail messages (SPAM), chain letters, bots, spiders, crawlers, or other repetitive information collection or distribution devices (and you will use reasonable efforts to prevent others from doing the same); (6) you will not export, re-export, download or transmit any message or content in violation of any export law, regulation or restriction of the United States and its agencies or authorities; (7) you will not take any action which may significantly damage the Site or diminish the RTC's ability to provide the same; (8) you will not attempt to discover, use, copy or modify the information or materials of others or in any way violate their privacy or security; (9) you will not use the Site or the Content in any way to transmit or store any information or material that: (a) is illegal, or that contributes in any way to the perpetration of an illegal act, or is otherwise inappropriate, including but not limited to, defamatory, pornographic, obscene or offensive text, graphics or images (as determined by the RTC in its sole discretion); (b) contains any virus, time bomb, Trojan horse, Easter egg, cancelbot, web bug or other code, material or information that is intended to or does intercept or access any information of any other party or interfere with the Content or the operation of the Site; (c) is intended to or has the effect of harassing, embarrassing, stalking, abusing or otherwise unreasonably disturbing any third party; or (d) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or that could be harmful to minors.

E. Disclaimer of Warranties.

You expressly agree that use of the Site and the Content is at your sole risk. Neither the RTC, nor its Members or affiliates, nor any of their respective officers, directors or employees, agents, third-party content providers, or licensors, or the like warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to accuracy, completeness, reliability, security or currency of the Content. The Content may contain errors, omissions, inaccuracies, or outdated information. The RTC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site and to make any other changes to the Site, the Content and any other material or information described in the Site at any time without notice. The RTC does not monitor the content of messages, group postings, Site Builder web sites or any other information provided by third parties (including registered users of the Site) and the RTC does not warrant the accuracy, completeness, reliability, security or currency of such information.

THIS SITE AND THE CONTENT ARE PROVIDED BY THE RTC ON AN "AS IS," AND "AS AVAILABLE" BASIS. THE RTC DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING: (1) THE SITE, THE CONTENT, OR THE USE, OPERATION, ACCURACY, OR AVAILABILITY, OF THE SAME; OR (2) THE EVENTS, INFORMATION, SERVICES OR PRODUCTS THAT ARE DESCRIBED, OFFERED, SOLD, OR DISPLAYED ON THE SITE (EITHER DIRECTLY OR BY WAY OF A LINK TO ANOTHER PARTY'S WEBSITE), OR YOUR USE OF THE SAME; INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF OR AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE INFORMATION, ACCURACY, COMPATIBILITY, INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.

F. Limitation of Liabilities.

YOU AGREE THAT THE RTC AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND, INCLUDING, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE , THE CONTENT, OR ANY OTHER EVENT, INFORMATION, PRODUCTS, OR SERVICES DESCRIBED, OFFERED, SOLD, OR DISPLAYED ON THE SITE, YOUR USE OF OR INABILITY TO USE ANY OF THE SAME, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER THE RTC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT WILL RELIEVE THE RTC OF ANY LIABILITY FOR ANY RECKLESSNESS OR WILLFUL OR INTENTIONAL MISCONDUCT. IN NO EVENT SHALL THE RTC'S TOTAL LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE, THE CONTENT OR ANY EVENT, INFORMATION, SERVICE OR PRODUCT DESCRIBED, SOLD, OFFERED OR DISPLAYED ON THE SITE, OR YOUR USE OR INABILITY TO USE ANY OF THE SAME, EXCEED TEN DOLLARS ($10.00), REGARDLESS OF THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY, AND EVEN IF ANY OF THE PROVISIONS OF THIS AGREEMENT ARE DEEMED TO FAIL OF THEIR ESSENTIAL PURPOSE.

G. Indemnifications.

You agree to indemnify, defend (at the RTC’s discretion), and hold harmless the RTC, its Members and affiliates, and their respective officers, directors, agents, employees and third party content providers or licensors from and against any and all claims and expenses, including attorneys' fees, arising out of or related in any way to your use of the Site or the Content in any way that results in a violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

H. Privacy.

1. Information Collected. In order to provide additional services to you, the RTC provides you with the opportunity to register a user name and password with the RTC that will enable you to access restricted portions of the Site. In order to register, you must provide a user name (which may or may not be your real name), a password, and your e-mail address (this information shall collectively be referred to as "User Information").
2. Information from Children. The Federal Trade Commission ("FTC") regulates how Website operators collect and use personal information from children under the age of 13, pursuant to the Children's Online Privacy Protection Act of 1998 (the "Act"). For more information about the Act and children's on-line privacy in general, visit the FTC's Website at http://www.ftc.gov. The RTC requires that all registrants for use of the restricted portions of the Site be at least 18 years of age. To the extent that the restricted portions of the Site become accessible to a child under the age of 13 (by any means including, a registered users' intentional or inadvertent disclosure of its password to that child), the RTC requests that the child under the age of 13 refrain from using the restricted portion of the Site. Users under the age of 13 are prohibited from posting or transmitting any personally identifiable or other information on the Site. (3) Use and Disclosure of User Information. The RTC may use the User Information to send you e-mail or other notices regarding the site. The RTC may share your User Information with its vendors and contractors utilized to provide the Site and the Content, and the RTC's accountants, attorneys and other advisors. Except as set forth in this Agreement, the RTC does not intend to disclose your User Information to anyone, except as may be required by any applicable law, rule, regulation or order of any court or agency, or unless the RTC first provides you notice of such additional use or disclosure and an opportunity to reject that use or disclosure. If you do not want the RTC to use or disclose your User Information as described in this Agreement or in any later notice, you shall notify the RTC, in writing sent to: Attention: Jerry Smith, Research and Training Center on Community Living, 204 Pattee Hall, 150 Pillsbury Avenue, Minneapolis, MN 55455, specifying how you would like the RTC to change its current or intended use or disclosure of your User Information. (4) Your Access and Modification of User Information. You may access and modify (add, change or delete) your User Information electronically at any time by logging on to the restricted portion of the Site and making the desired modification. In addition, you may send a written notice to the RTC: Attention: Jerry Smith, Research and Training Center on Community Living, 204 Pattee Hall, 150 Pillsbury Avenue, Minneapolis, MN 55455, specifying which User Information is to be modified and what modification is to be made. Upon receipt of such written notice the RTC shall make the requested modification. The RTC shall be entitled to rely on any writing that purports to be authorized by you or someone acting on your behalf in making any such modifications. (5) Security. The RTC endeavors to take reasonable measures to maintain the security, integrity and confidentiality of User Information consistent with the uses and disclosures described in this Agreement. Please note that despite its efforts, the RTC cannot and does not promise complete security against unauthorized access to, use of, or disclosure of User Information.

I. Choice of Law.

This Agreement will in all respects be governed by, interpreted, and enforced in accordance with the laws of the United States of America and the State of Minnesota. Any dispute between the RTC and you relating in any way to the Site, the Content, your use of the same, or otherwise regarding this Agreement will be exclusively venued in a state or federal court situated within the State of Minnesota, and you irrevocably submit yourself to the personal jurisdiction of such courts for such purpose. The RTC makes no representation that the Site or the Content are appropriate or available for use by users located outside of the United States and access to the Site and the Content from territories where the Content is illegal is prohibited.

J. Term and Termination.

The license granted herein shall begin on the date you first access the Site and continue perpetually unless the RTC terminates such license. Without limiting any other remedies the RTC may have at law or in equity, the RTC may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement or otherwise in the RTC’s discretion, for any or no reason. Upon termination of this Agreement, you agree to immediately cease access to and use of the Site and the Content and to promptly destroy all copies of the same that you may have downloaded, printed, stored or otherwise retained.

K. Hyperlink Disclaimers.

As a convenience to you, the RTC may provide, on the Site, hypertext links to Web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave the Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to protect your personal information, guard against viruses or other destructive elements, and otherwise protect your rights. Linked Sites, regardless of the linking form, are not maintained, controlled or otherwise governed by the RTC. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the RTC. The RTC does not endorse, make any representations regarding, or warrant any information, goods and/or services appearing and/or offered on any Linked Site. Links do not imply that the RTC sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the RTC or any of its affiliates or subsidiaries. Except for links to information authored by the RTC, the RTC is neither responsible for, nor will it be liable under any theory, based upon: (1) any Linked Site; (2) any information and/or content found on any Linked Site; or (3) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. The RTC reserves the right to discontinue any link to the Linked Site at any time without prior notice. Please contact the web masters of any Linked Sites concerning any information, goods and/or services appearing thereon.

L. Third Party Materials.

Portions of the Site, may provide you with unfiltered access to information posted or transmitted by other people or organizations ("Third Party Materials"). The RTC does not monitor the Third Party Materials and cannot guarantee the quality or control the nature of the Third Party Materials. Naturally, not all Third Party Materials will agree with and appeal to each individual user. You may find Third Party Material to be offensive, harmful or inaccurate. Content from users or other third parties does not reflect the opinion and intentions of the RTC. You shall use discretion in viewing, interpreting, or relying on any Third Party Material or Content. The RTC shall not be responsible in any way for any damage caused (directly or indirectly) by the Third Party Material or by the provider of the Third Party Material.

M. Entire Agreement.

This Agreement constitutes the entire agreement between the RTC and you with respect to the Site and the Content and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the RTC with respect to the same. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

N. Modifications to Agreement.

The RTC reserves the right to modify any of the terms of this Agreement at any time by posting such modification on the Site. The version of this Agreement available on the Site at the time you first provide the User Information shall apply until you modify such information. Upon each modification of the User Information, the version of this Agreement available on the Site at the time of such modification shall apply on a going forward basis, whether or not you have actually returned to this Agreement or reviewed its terms (which may have changed from earlier versions).

O. Designated Agent.

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the RTC designates an agent as described below, to receive notifications of claimed infringement:

P. Electronic Communications and Electronic Signatures.

You agree to be bound by any affirmation, assent or agreement you transmit through the Site, including but not limited to any consent you give to receive communications from the RTC solely by accessing or using the Site or the Content. You agree that, in the future when you access or use the Site or the Content, or click on an "I agree", "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, such agreement and consent will be legally binding and enforceable and the legal equivalent of your handwritten signature, unless and until you provide the RTC written notice of your intent that such use and access or electronic means no longer may be interpreted as your assent.