Terms of Use - Project N.E.A.R.


Agreement with Terms and Conditions: This agreement ("Agreement") sets forth the terms and conditions that apply to you ("Visitor"), an individual accessing the North Penn Technology Education Department websites.   By accessing the the North Penn Technology Education ("NPTE") websites (npteched.org, engineering.npteched.org, nano.npteched.org, and TheFutureIsNear.org), you agree to the following terms and conditions. If you do not agree, you have no right or license to access any part of the North Penn technology education website and you should not do so.

Changes in Terms and Conditions:
The North Penn Technology Education Department reserves the right to change or modify the terms and conditions applicable to Visitor's use or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice.  Any use of the North Penn Technology Education website by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.

Conduct of Visitor:

Lawful Use:
Visitor shall use the North Penn Technology Education Department website for lawful purposes only. Visitor shall not post or transmit through any North Penn Technology Education Department website  any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless the North Penn Technology Education Department  has expressly approved such material in advance of its transmission. Any conduct by a Visitor that in the North Penn Technology Education Department's discretion restricts or inhibits any other Visitor from using or enjoying any site is expressly prohibited.

Downloading of Intellectual Property:
The NPTE Sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by the North Penn Technology Education Department and portions of which are owned by other parties. The entire contents of the NPTE Sites are copyrighted as a collective work/compilation. The North Penn Technology Education Department owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it.  No Visitor may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Visitor may download one (1) single copy of the copyrighted material for Visitor's personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the North Penn Technology Education Department (or the copyright owner(s) if other than or in addition to NPTE). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.

Uploading of Intellectual Property:
Visitor shall not upload, post or otherwise make available on any NPTE Site any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of any NPTE Site, Visitor automatically grants, or warrants that the owner of such material has expressly granted the North Penn Technology Education Department the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants the North Penn Technology Education Department the right to edit, copy, publish and distribute any material made available on any NPTE Site by Visitor.

Trademarks:
Unless otherwise indicated, trademarks that appear on this site are trademarks of the North Penn Technology Education Department or its affiliates. All other trademarks not owned by NPTE or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the NPTE department or its affiliates.

Network Access:
All registered users agree to use their network access (user name and password) for their own personal use.  Network access information shall not be distributed for any reason.  Failure to comply will result in revocation of network/website privileges and possible referral to adminstration.

Postings:

No Responsibility or Liability:
To the extent that portions of the NPTE Sites (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT NPTE DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON ANY NPTE SITE, and Postings do not necessarily reflect the views of the North Penn Technology Education Department. To the fullest extent permitted by applicable laws, NPTE shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on any NPTE Site.

Monitoring:
NPTE reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.

Warrant that You Have All Necessary Rights:
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

Authorize Others to Use:
You hereby authorize the North Penn Technology Education Department to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that NPTE or such other parties see fit. You shall have no claim or other recourse against NPTE for infringement of any proprietary right in Postings.

Disclaimers and Limitation of Liability:

Use Is At Visitor's Risk:
VISITOR EXPRESSLY AGREES THAT USE OF THE NPTE SITES IS AT VISITOR'S OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S PASSWORD(S), IF ANY. NEITHER NPTE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE NPTE SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY NPTE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ANY NPTE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE NPTE SITES OR ANY SITES WITH WHICH IT IS LINKED. THE NORTH PENN TECHNOLOGY EDUCATION DEPARTMENT PROVIDES TECHNOLOGY AUTOMATICALLY PRODUCING SEARCH RESULTS THAT LINK AND/OR REFERENCE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND INFORMATION, NPTE MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND NPTE ASSUMES NO RESPONSIBILITY AS TO WHETHER THE SEARCH LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF YOUR SEARCH ON OUR SITES MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. WE MAKE NO CLAIM THAT SUCH SURPRISES MIGHT NOT OCCUR.

No Warranties of Service:
THE NPTE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Disclaimer of Liability:
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT FAMILY EDUCATION NETWORK AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.

Visitor's Waiver of Damages:
IN NO EVENT WILL NORTH PENN TECHNOLOGY EDUCATION, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE NPTE SITES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE FEN SITES. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ALL FEN SITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER NORTH PENN TECHNOLOGY EDUCATION, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ANY FEN SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Indemnification:
Visitor agrees to defend, indemnify and hold harmless North Penn Technology Education, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Visitor's use of any NPTE Site.

Equipment for Visitor's Use:
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of the NPTE Sites and for any/all charges related thereto.

FEN Sites' Content:
Certain content portions of the NPTE Sites are supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of NPTE. Neither Northe Penn technology Education nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. NPTE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any NPTE Site by anyone other than employee spokespersons of NPTE while acting in their official capacities.

Submissions:
The North Penn technology Education Department always welcomes suggestions and comments regarding any NPTE Sites. Any comments or suggestions submitted to NPTE, either online or offline, will become NPTE's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by NPTE might seem to others to be similar to their own submissions or comments.

Entire Agreement:
This Agreement, and any operating rules for the NPTE Sites, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Controlling Law:
This Agreement shall be construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the City and County of Pennsylvania.

Headings:
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.

 MODIFICATIONS TO TERMS OF USE

These Terms of Use may be revised from time to time through an updated posting, and therefore you should check these Terms of Use periodically. Revisions are effective upon posting and your continued use of the NPTE websites following the posting of a revision will indicate your acceptance of such revision.

MODIFICATIONS TO SERVICE

NPTE reserves the right to modify or discontinue, temporarily or permanently, the NPTE Service with or without notice to User. User agrees that NPTE shall not be liable to User or any third-party for any modification or discontinuance of the NPTE Service.

IX. NO ENDORSEMENT

User acknowledges and agrees that NPTE does not endorse any Content on any Site and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable Content, or Content that infringes or may infringe the intellectual property or other rights of any party.

MEMBER ACCOUNT, PASSWORD AND SECURITY

User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account or under passwords or accounts assigned by User to the Team. User agrees to immediately notify FEN of any unauthorized use of User's password or account or any other breach of security.

MEMBER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the NPTE Services, and agrees not to interfere with the use and enjoyment of the NPTE Services by other Users. User agrees to be solely responsible for the contents of User's transmissions through the NPTE Services.

User agrees (a) not to use the NPTE Services for illegal purposes; (b) not to interfere with or disrupt the NPTE Services or servers or networks connected to the NPTE Service; and (c) to comply with all requirements, procedures, policies and regulations of networks connected to the NPTE Servicea and the North Penn School District AUP.

User agrees not to transmit through the NPTE Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the NPTE Services.

INDEMNITY

User agrees to indemnify and hold NPTE and its parent, subsidiaries, affiliates, officers, and employees, harmless from any and all claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of User's use of the NPTE Services, User's connection to the NPTE Services, User's violation of these Terms of Use, or User's violation of any rights of another.

NO RESALE OF SERVICE

User agrees not to resell the NPTE Services or use of or access to the NPTE Services.

CONTENT STORAGE

NPTE assumes no responsibility for the deletion or failure to store Content information. NPTE may, with or without notice to User, establish an upper limit on the size of the Content data it will maintain for any User.

TERMINATION

User agrees that NPTE may terminate User's password, account or use of the NPTE Services, or use of the NPTE Services for any member of a Team, if NPTE believes (a) that User or a member of the Team has violated or acted inconsistently with the letter or spirit of these Terms of Use, or (b) that User or a member of the Team has violated the rights of NPTE or other Users or parties.

User acknowledges and agrees that any termination of service under any provision of these Terms of Use may be effected without prior notice, and acknowledges and agrees that NPTE may immediately delete files in User's account and bar any further access to such files or the NPTE Services.

FEN'S PROPRIETARY RIGHTS

User acknowledges and agrees that content presented to User through the NPTE Services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by NPTE  and may not create derivative works of such content or information without express authorization of NPTE.

NPTE always welcomes suggestions and comments regarding this site from Users. Any comments or suggestions submitted to this site or NPTE, either online or offline, will become NPTE's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by FEN might seem to others to be similar to their own submissions or comments.

DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE NPTE SERVICES SRE AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

NPTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NPTE MAKES NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NPTE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM NPTE OR THROUGH OR FROM THE NPTE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

USER AGREES THAT NPTE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM THE USE OR THE INABILITY TO USE THE NPTE SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE NPTE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, EVEN IF NPTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT NPTE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

NOTICE

Any notice to User or to the NPTE Services shall be made via either email or regular mail (see below for NPTE's contact information).

GENERAL

These Terms of Use and the relationship between User and NPTE shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. User and NPTE agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Pennsylvania.

The failure of NPTE to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the NPTE Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

North Penn technology Education Department

If you have any questions or need to report a violation of these Terms of Use: Our telephone number is (215) 368.9800.460  Our email address is info@npteched.org  You may also use the "Contact" link to send us an email message. Our mailing address is North Penn High School, Attention:  Technology Education Department, 1340 Valley Forge Road, Lansdale, PA 19446.

 


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