Terms of Service
Terms of Service
General
This agreement governs the use of the NSSE web site and all NSSE content, including interactive learning materials, software, and discussion boards. The site is operated by the National Society for the Study of Education College of Education, (M/C 147), University of Illinois at Chicago, 1040 W. Harrison Street, Chicago, IL 60607-7133. Additional terms and conditions may be posted in specific areas of the site, and along with this agreement, govern use of those areas. This agreement and other additional terms and conditions are referred to as the "Agreement."
Right to Modify Terms and Conditions
NSSE reserves the right to change or modify this Agreement at any time. Such changes will take effect immediately upon publication of the changes on the NSSE site. Use of the NSSE site constitutes binding acceptance of the terms and conditions in the Agreement and any other posted notices.
Account Information, Password, and Security
Users are responsible for maintaining the confidentiality of their account and password. Users are solely responsible for any and all activities that occur under their account and agree to notify NSSE of any unauthorized use of their account or other breach of security.
Rights to NSSE Content
Users of NSSE acknowledge that NSSE contains text, photographs, audio and video clips, graphics, software, links, discussion comments, and other materials that are protected by copyright, trademark, patent, and other rights of NSSE or third parties.
Personal and Non-Commercial Use Limitation
Users of NSSE may use the materials contained on NSSE only for their personal, noncommercial use. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from NSSE.
Rights to Materials Posted by Users on NSSE
Users may post on NSSE content owned by them such as original statements, content that is in the public domain, or content owned by others for which they have received express permission. Users assume complete responsibility for determining if content they post on NSSE is in the public domain. Users grant to NSSE and any sublicensees the right to edit, copy, publish, distribute, translate, or otherwise use, in any medium now available or yet to be invented, content they place on NSSE and to publish the name of the user placing the content on NSSE. Users represent and warrant that they are authorized to grant such rights. Unless otherwise specified in the NSSE copyright assignment agreement governing submitted scholarly articles, no compensation will be paid with respect to the use of content placed by users on NSSE.
Rules of Conduct on NSSE
Users shall not post on NSSE any content or links to content that violates the rights of others, including but not limited to content that infringes any copyright, trademark patent, trade secret or that violates any right of privacy or publicity. Users shall not post on NSSE any content or links to content that is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening. Users shall not post on NSSE any content or links to content that contains viruses or other contaminating or destructive features. Users shall not post on NSSE any content or links to content that violates any applicable law.
Management of Content
Other than scholarly articles submitted through the manuscript submission system, NSSE does not review the content posted by users on NSSE and is not responsible for such content. At its sole discretion, NSSE does reserve the right to edit, move, or remove any content, including content posted in any interactive area, that it may determine violates this Agreement or is otherwise unacceptable. Users are solely responsible for all content posted under their account and password. At its sole discretion, NSSE shall have the right, but not the obligation, to correct any errors or omissions in any content.
Indemnification
Users agree to indemnify, defend, and otherwise hold harmless NSSE and other information providers featured on NSSE against any and all claims, liabilities, losses, costs and expenses, including attorneys fees, incurred in connection with any use of the NSSE site under their password by any person, whether or not authorized by the user. NSSE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users agree to cooperate with NSSEs defense of such claims. NSSE will not be liable for any loss that users may incur from the unauthorized use of their account. Users are liable for any loss that NSSE may suffer as the result of the authorized or unauthorized use of their account. Users may not use the account of another user at any time without the permission of the account owner.
Termination of Use
NSSE reserves the right to restrict, suspend or terminate user access to the NSSE site at any time for any reason without prior notice or liability. NSSE may modify, suspend or discontinue all or any part of the NSSE site at any time without prior notice or liability.
Refunds
NSSE does not offer refunds.
Disclaimer of Warranties
Neither NSSE nor any provider of third party content nor their respective agents warrants that NSSE will be uninterrupted or error free. Neither NSSE nor any provider of third party content nor their respective agents makes any warranty regarding the results to be obtained from the use of NSSE or the materials contained therein. NSSE is provided and distributed on an "as is, as available" basis. Neither NSSE nor any provider of third party content nor their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of fitness for a particular purpose, with respect to any materials provided by or announced through NSSE. Neither NSSE nor any provider of third party content nor their respective agents warrants that any files available for downloading through NSSE will be free of viruses or similar contamination or destructive features. Users agree to assume the entire risk associated with the quality and performance of NSSE and the accuracy and completeness of content provided on NSSE.
Neither NSSE nor any provider of third party content nor their respective agents shall be liable for any damages arising out of the use or inability to use NSSE whether such damages be direct, indirect, incidental, special or consequential, even if such parties have been advised of the possibility of such damages.
In states that do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, the liability of NSSE, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. If users are dissatisfied with any portion of NSSE, or with any of these terms and conditions of use, the sole and exclusive remedy is to discontinue using NSSE.
Jurisdiction
This agreement shall be interpreted and construed in accord with the laws of the State of Illinois, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Chicago, IL.