Legal

By using and accessing this website, www.floridanela.org (collectively referred to as the “Site” or “Florida NELA” in these Terms of Service), you (“you”, “user” or, “end user”) agree to these Terms of Service (collectively, the “Terms of Service” or “Agreement”).

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.

AGREEMENT BETWEEN YOU AND Florida NELA

Florida NELA (“FloridaNELA.org”) website is made up of various web pages operated by Florida NELA, c/o our current address which can be found on our website at FloridaNELA.org. The terms, use, and conditions associated with the Florida NELA website do not apply to the content of third parties.

The Florida NELA website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Florida NELA website constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Florida NELA website may also be subject to additional terms outlined elsewhere in this agreement (the “Additional Terms”) as they arise from time to time.

MODIFICATION TO THESE TERMS OF USE

Florida NELA reserves the right to change the terms, conditions, and notices under which the Florida NELA sites/services are offered, including but not limited to any charges associated with the use of the Florida NELA sites/services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on this Website. Your continued use of the Florida NELA sites/services constitutes your agreement to all such terms, conditions, and notices.

LIMITATION ON PERSONAL AND NON-COMMERCIAL USE

Unless otherwise specified, the Florida NELA sites/services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Florida NELA sites/services. Without the advance express written permission of Florida NELA, you may not “meta-search” the Florida NELA sites/services, send, or cause to be sent, any automated queries of any sort to the Florida NELA sites/services, or use the Florida NELA sites/services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any Florida NELA sites/services to determine how a website “ranks” on any Florida NELA sites/services.

THIRD PARTY LINKS

The Florida NELA sites/services may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Florida NELA and Florida NELA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Florida NELA is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Florida NELA responsible if the Linked Site is not working appropriately. Florida NELA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Florida NELA of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Florida NELA sites/services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Florida NELA shall not be responsible or liable for any part of any such dealings or promotions.

UNLAWFUL AND PROHIBITED USE

As a condition of your use of the Florida NELA sites/services, you will not use the Florida NELA sites/services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Florida NELA sites/services in any manner that could damage, disable, overburden, or impair any Florida NELA site/service(s) (or the network(s) connected to any Florida NELA site/service(s)) or interfere with any other party’s use and enjoyment of any Florida NELA site/service(s). You may not attempt to gain unauthorized access to any Florida NELA sites/service, other accounts, computer systems or networks connected to any Florida NELA site/service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Florida NELA sites/services.

USE OF SERVICES

The Florida NELA sites/services may contain email services, listservs, member directories, calendars, brief banks, and/or other message or communication services designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and comply with our listserv use policy, when applicable. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use any material or information, including images or photographs, which is made available through the Florida NELA sites/services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Harvest or otherwise collect information about others, including email addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a Florida NELA site/service(s) or other user or usage information or any portion thereof.

MATERIALS PROVIDED TO Florida NELA OR POSTED AT Florida NELA’S WEBSITE

Florida NELA does not claim ownership of the materials you provide to Florida NELA or post, upload, input or submit to any Florida NELA site/service or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Florida NELA permission to use your Submission in connection with the operation of its Internet businesses (including, without limitation, all Florida NELA sites/services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of an Florida NELA site/service.

No compensation will be paid with respect to the use of your Submission, as provided herein. Florida NELA is under no obligation to post or use any Submission you may provide and Florida NELA may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMED

The information, software, products and services included in or available through the Florida NELA sites/services may include inaccuracies or typographical errors. Changes are periodically made to the Florida NELA sites/services and to the information therein. Florida NELA and/or its respective suppliers may make improvements and/or changes in the Florida NELA sites/services at any time. Advice received via the Florida NELA sites/services should NOT BE RELIED UPON for personal, medical, LEGAL or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Florida NELA and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Florida NELA sites/services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. Florida NELA and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

Florida NELA makes no warranty that any Florida NELA services will be uninterrupted, timely, secure or error-free.

You specifically agree that Florida NELA shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an Florida NELA site/service. You specifically agree that Florida NELA is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Florida NELA is not responsible for any content sent using and/or included in an Florida NELA site/service by any third party.

In no event shall Florida NELA and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Florida NELA sites/services, with the delay or inability to use the Florida NELA sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Florida NELA sites/services, or otherwise arising out of the use of the Florida NELA sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if Florida NELA or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Florida NELA sites/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Florida NELA sites/services.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that Florida NELA may establish limits concerning use of any Florida NELA Service offered on an Florida NELA website, including without limitation the maximum number of days that email messages will be retained by any Florida NELA Service, the maximum number of email messages that may be sent from or received by an account on any Florida NELA Service, the maximum size of an email message that may be sent from or received by an account on any Florida NELA Service, the maximum disk space that will be allotted on Florida NELA’s servers on your behalf, and the maximum number of times and duration you may access any Florida NELA Service in a given period of time.

You agree that Florida NELA has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Florida NELA Service. You acknowledge that Florida NELA reserves the right to log off accounts that are inactive for an extended period of time.

TERMINATION/ACCESS RESTRICTION

Florida NELA reserves the right, in its sole discretion, to terminate your access to any or all Florida NELA sites/services and the related services or any portion thereof at any time, without notice.

Florida NELA may also terminate or suspend your access to Florida NELA site/service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Florida NELA. The amount of time that Florida NELA currently considers as an “extended” period of time depends on the particular service. Upon termination of the Florida NELA site/service, your right to use the Florida NELA site/service immediately ceases.

Florida NELA shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

Florida NELA will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Florida NELA liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Florida NELA’s actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

This agreement is governed by the laws of the State of Florida, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Collier County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Florida NELA sites/services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Florida NELA as a result of this agreement or use of the Florida NELA sites/services. You agree to indemnify and hold Florida NELA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Florida NELA sites/services. Florida NELA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Florida NELA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Florida NELA sites/services or information provided to or gathered by Florida NELA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Florida NELA with respect to the Florida NELA sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Florida NELA with respect to the Florida NELA sites/services. 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.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Florida NELA websites are Copyright © Florida NELA, c/o our current address which can be found on our website at FloridaNELA.org.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. All inquiries not relevant to the following procedure will receive no response.