- Acceptance of Terms. By using this website (Site), You agree to be bound by the terms of service set forth in this User Agreement and in other agreements or terms of service that may be provided to You as you use this Site. You agree and represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or elsewhere. You also agree to provide true, accurate, and complete information about yourself as requested and to maintain and promptly update the information to keep it true, accurate, and complete. If you provide any information that is untrue, inaccurate, or incomplete, or there are reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, OSA has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
- Personal Use Only. The OSA (Oregon Simulation Alliance) grants You (the user) a revocable, non-exclusive, and nontransferable license to access and use those portions of the Site that are available for public use, and if you are a Subscriber, for which You have subscribed or registered and paid in full the Subscriber Fee, solely for your personal use, and not in connection with any commercial enterprise, service bureau, or business, and conditioned on your continued compliance with these Terms. If You are accessing the Site on behalf of an employer or other organization, this license is personal to You for non-exclusive internal business use only, and not for redistribution, creation of derivative works, operating a service bureau, or providing services to others. If You are a Subscriber, You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Site. You are responsible for maintaining the confidentiality of your password and accounts, and You are solely responsible for any unauthorized use by others of your account and of any materials You upload to the Site. Please notify us of any unauthorized use of the Site of which You become aware.
- Permitted Uses – OSA Content. Content placed on the Site by OSA (“OSA Content”) is owned and controlled, or validly licensed or used, by OSA. You may access and use the OSA Content on the Site for the purposes permitted hereunder, but you may not download, copy, make derivative works of, distribute, sell, license, publicly perform or display, the OSA Content unless otherwise specified in separate terms on the Site. All rights in the OSA Content are reserved to OSA or its licensors or affiliates. Notwithstanding the foregoing, subject to the terms and conditions of this User Agreement, You may download and reproduce a reasonable number of copies of individual items of content from the Site for your personal use during the term of this Agreement, except in any instance where we have expressly restricted the access to or copying of materials. “Items of content” as used in this agreement is defined to mean a particular article or topic of discussion, but not the entirety of the Site or a portion thereof. You may make and lend an electronic or print copy of an individual item of content from the Site to another person, provided that such copies are not routinely or systematically provided (whether in one occasion or over a period of time) in such a manner or in such quantities as to substitute for a subscription, such copies reproduce any proprietary legends included on the material, and the reproduction and lending is made without any purpose of direct or indirect commercial advantage. If You have a question as to whether a proposed use of copying of the content is permitted, please send us an e-mail message or call us and we will try to accommodate your request.
- Restrictions on Use. Notwithstanding the foregoing, You may not
- provide your Site password to or share it with others , or post your user name and password on any web site or intranet so that others may learn it and use it, or in any other way use your password as a means to circumvent the need for others to become Subscribers in their own name. THIS IS NOT A SITE LICENSE.
- modify, decompile, create derivative work(s) of, disassemble, retransmit, resell, distribute, compile, broadcast, sublicense, mirror, frame, rent, or otherwise use in any manner not expressly permitted herein, the Site or any of its content;
- use robots or spiders or other automated device or manual process to monitor or gather any data from the Site or its users;
- create course books or educational materials using any of the OSA Content;
- place a link to the internal pages of any password-protected portions of the Site on any Web site, intranet, or extranet without the prior written permission of The OSA;
- use the Site in violation of applicable local, state, national, and international laws, rules, and regulations;
- use the Site to upload, transmit or otherwise distribute any content that is unlawful, infringing of intellectual property rights, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by The OSA;
- create multiple user accounts or create user accounts by automated means or under false or fraudulent pretenses;
- use the Site in connection with illegal peer-to-peer file sharing;
- intentionally distribute harmful code including “spyware” or “malware” through or from the Site, or engage in a denial of service attack on the Site or its users;
- use the Site for any fraudulent or inappropriate purpose, including hoaxes and “phishing”;
- generate or facilitate commercial e-mail (“spam”), including in violation of the CAN-SPAM Act or any other applicable anti-spam law; or create false accounts for the purpose of sending spam; or
- mine the Site to find e-mail addresses or user data.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may su bject You (and your principal or employer if You are accessing the Site on behalf of an organization) to civil and criminal penalties and damages. The OSA reserves the right, but shall have no obligation, to investigate your use of the Site in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
- No Warranties. Access to the Site is provided to You on an AS IS, AS AVAILABLE basis. THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH OR CREATED USING THE SITE MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES AND MAY BE SUBJECT TO INTERCEPTION BY HACKERS AND OTHERS. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH OR CREATED USING THE SITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE OSA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, SECURITY, RESPONSE TIMES, AVAILABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, FUNCTIONALITY, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH OR CREATED USING THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, FUNCTIONALITY, AND MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) ARE DISCLAIMED BY THE OSA TO THE FULLEST EXTENT OF THE LAW.
- No Guarantee of Security or Confidentiality. We make reasonable efforts to store and safeguard the data You submit but do not and cannot guarantee that the data will be secure or confidential, or that your submissions to or use of the Site will not become known to your employer or any other third party. Use of the Internet and the Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While the OSA has endeavored to create a reliable Site, You should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other global communication network cannot be guaranteed. Moreover, You understand that the technical processing and transmission of the Site may involve transmission over various networks that are not owned, controlled, or operated by The OSA. Accordingly, The OSA does not guarantee the security, completeness, or accuracy of any information transmitted via the Internet and assumes no responsibility for the deletion of or failure to store or secure any information submitted by You. You must promptly notify The OSA of any breach of security related to the Site of which You become aware. To help ensure the security of your password or account, please sign out from your account or close your browser at the end of each session.
- Postings. The OSA allows postings of materials, comments, and other User-generated Content in certain restricted areas of the Site for the sole purpose of sharing of information between Users. Your IP address will be recorded with each posting. You are not permitted to post to any part of the Site any incomplete, false or inaccurate information, job opportunities, advertisements, biographical information, resumes, infringing materials, commercial solicitations, defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of person’s privacy or otherwise in violation of ANY law or any similar information. You acknowledge that The OSA has no control over the quality, accuracy, or legality of User Content. including such content posted on bulletin boards, shared in chat rooms and other user generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated therein are those of their respective authors who are solely liable for their content. The OSA reserves the right to edit, refuse to post or remove any material submitted to or posted on the Site for any reason in its discretion, but it does not accept responsibility for or agree to monitor or review the User Content or postings, or take any responsibility for the quality or legality of such User Content.
- User Representations. By accessing and using the Site, You represent that You are the authorized User and that You will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when You provide information via a Site registration or subscription form or in User Content . In addition, You represent that You have all necessary rights to possess and provide to The OSA the information submitted through the Site and agree to abide by all applicable laws with respect to your use of this Site. You further agree not to interfere with the use and enjoyment of this Site by other users and not to impersonate any other person or entity, including impersonating an employee or representative of any third party when using this Site. The OSA shall be entitled to rely upon the representations and statements made by You. If You violate any third party rights in the use of this Site, or violate any term of this User Agreement, or otherwise incur any liability in connection with your use of the Site. You agree that you shall defend, indemnify and hold OSA, its affiliates, officers, directors, agents, employees, successors, subsidiaries, partners and licensors harmless from any claims or demands arising out of such violations or uses (including without limitation claims of copyright infringement in connection with the posting of unauthorized materials) and all costs (including attorneys’ fees) associated therewith.
- Communications. When You visit the Site or send e-mail messages to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. A printed version of the User Agreement and of any related notice given in electronic form shall be admissible in judicial, arbitral, or administrative proceedings based upon or relating in whole or in part to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The OSA is not responsible for transaction errors or failure to receive any part of your submission.
- Content of the Site. The OSA takes no responsibility for any third party or User Content posted on or available through the Site (including, without limitation, content on discussions rooms, bulletin boards, surveys, any viruses, or other disabling features), nor does The OSA have any obligation to monitor such Content. The OSA reserves the right at all times to remove or refuse to distribute any C ontent on the Site, such as C ontent which violates the terms of this Agreement. The OSA also reserves the right to access, read, preserve, and disclose any information residing in the Content or related to the Users as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property, or safety of The OSA, its U sers and the public. The OSA will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- Links to third-party sites. The Site contains hyperlinks to Web sites operated by persons other than The OSA. Such hyperlinks are provided for your reference and convenience only. You agree not to hold The OSA responsible for the content or operation of such third party Web sites. A hyperlink from any part of the Site to a third party Web site does not imply or mean that The OSA endorses the content on that Web site or the operator or operations of that other site. You are solely responsible for determining the extent to which You may use any content at any other Web sites to which You might link from any portion of the Site.
- Events Beyond Our Control. You expressly absolve and release The OSA from any claim of harm resulting from a cause beyond its control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, terrorism, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL THE OSA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH OR CREATED OR UPLOADED BY USING THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING LOSS OF OPPORTUNITY, LOSS OF DATA, OR LOSS OF PROFIT, EVEN IF THE OSA OR AN AFFILIATED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU AGREE THAT THE TOTAL LIABILITY OF THE OSA FOR ANY REASON WHATSOEVER RELATED TO YOUR USE AND THE AVAILABILITY OR UNAVAILABILITY OF THIS SITE TO YOU (INCLUDING WITH RESPECT TO ANY DOWN TIME) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE OSA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $1,000 IN THE AGGREGATE, WHICHEVER IS LESS .
- Proprietary Rights. The OSA owns all rights in the OSA Content. The OSA and all other names, logos, slogans, and icons identifying The OSA and its products and services are proprietary trademarks, service marks or trade names, and any use of such marks without the express written permission of The OSA is strictly prohibited. Third party trademarks, service marks and logos are protected and owned by their respective owners. The OSA does not claim any ownership in any of the User Content and communications that You or third parties upload or transmit to or store in the Site or any accounts You or third parties may have created on the Site. You upload this Content at your own risk, and The OSA is not responsible for any unauthorized uses that may be made of this Content by other Users or third parties. Unauthorized use of this Site and the Content posted on it may violate intellectual-property laws as well as other laws, regulations, and statutes.
- Copyright or Intellectual Property Infringement Claims. The OSA reserves the right to terminate the accounts of Users, or block unregistered Users from use of the Site, who may infringe on the intellectual property rights of others through their use of the Site. You may provide notice to OSA if you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, as follows:
Send OSA’s Agent the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The address for OSA’s Copyright Agent for claims of copyright or other intellectual property infringement can be reached as follows:
By mail: OSA 4836 SW Scholls Ferry Rd #193 Portland, OR 97225-1667
- Termination. The OSA reserves the right, without notice and for any reason that OSA deems appropriate, regardless of whether such reason is applied consistently to subscribers, to refuse or terminate access to the Site to anyone at any time without notice for any reason and to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, and to terminate this Agreement. In the event of termination, your account will be disabled and You may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
- Indemnification. You agree to hold harmless and indemnify The OSA, subsidiaries, affiliates, officers and agents and the Governing Council and its members, from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, The OSA will provide You with written notice of such claim, suit or action.
- Choice of Law; Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflict of laws provisions or your actual state or country of residence.
- ARBITRATION. PLEASE NOTE THAT THIS AGREEMENT REQUIRES YOU TO SUBMIT TO EXCLUSIVE, BINDING ARBITRATION ANY CLAIMS YOU MAY HAVE AGAINST THE OSA RELATING TO YOUR USE OR INABILITY TO USE THIS SITE. The parties agree to make good faith, diligent and reasonable efforts to resolve any disputes under this Agreement without the need for litigation. In the event such efforts are not successful within 30 days after notice of the dispute, You and we hereby agree to submit to binding arbitration of all disputes under or relating to this User Agreement and the Site. Such arbitration shall be governed by the then current rules for commercial arbitration of the AAA. The parties shall select one arbitrator knowledgeable in matters relating to databases and computer law. In the event the parties cannot agree on the selection of one arbitrator, the AAA shall be allowed to appoint such arbitrator. The arbitration shall be conducted and take place in the location of the party in the position of the defendant, unless another location is agreed to by the parties. Discovery shall be allowed in the arbitration, but the arbitrator may not award punitive damages and may not amend or modify the terms of this Agreement. Any award rendered by the arbitrator will be final and binding and judgment may be entered therein in any court of competent jurisdiction. Nothing herein shall affect the right of either party to seek interim or emergency injunctive relief before a court of competent jurisdictions. The OSA reserves the right to suspend service hereunder pending resolution of a dispute unless You provide written assurance that continuation of service hereunder will not give rise to any claim of remedies or damages by You for the period service is provided while the dispute is pending.
- Various. We may assign or delegate any of our rights or obligations under this Agreement to independent contractors or other third-party organizations. Your rights may not be assigned or transferred without our written consent. The provisions on proprietary and intellectual property rights, arbitration, events beyond our control, confidentiality, indemnity, representations and warranties, disclaimers of warranty and liability, admissibility of this agreement, termination, and governing law will survive the termination of this agreement for any reason. Failure to insist on strict performance of the Terms will not operate as a waiver of any subsequent default or failure of performance or of that same right or provision at any other time. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed ineffective until The OSA promulgates a successor provision, and the remainder of the Terms shall continue in effect. No joint venture, partnership, employment, or agency relationship exists between You and The OSA as a result of the Terms or your use of this Site.