YOU MAY ONLY USE THE SITE PURSUANT TO THIS AGREEMENT. By accessing or otherwise using the Site, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. If you do not accept these Terms, you are not permitted to access or use the Site.
We may update or change the Terms from time to time, at our sole discretion, with or without notice to you. We may also update, modify or replace the Site, and we reserve the right to discontinue offering access to the Site. Your continued use of any part of the Site constitutes acceptance of such change. Although we may endeavor to notify you when major changes are made to the Terms, you should periodically review the most up-to-date version prior to using the Site. If you do not agree to any modifications of these Terms, you must not continue to use the Site.
- License Use and Restrictions. Subject to the terms and conditions of this Agreement, iNACOL hereby grants to you the non-transferable, non-sublicensable, nonexclusive, royalty-free, limited license to access and use the Site for personal and non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such rights.In exchange, you agree that you will not:
- copy or duplicate, in whole or in substantial part, the Site;
- distribute, transmit, publish, transfer, sell or commercially exploit in any way the Site, in whole or in part, or cause others to do so;
- reverse engineer, decompile or modify the Site, in whole or in part;
- use the Site or any information contained therein or results derived therefrom to develop any products or services that could be competitive with the Site or any other products or services provided by iNACOL or its affiliates;
- alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site;
- use the Site in any way that could interfere with, disrupt or negatively affect the Site or its servers or networks;
- upload viruses or other malicious code or otherwise compromise the security of the Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site;
- probe, scan or test the vulnerability of our Site or any system or network; or
- encourage or promote any activity that violates this Agreement.
iNACOL may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site, including termination of your account.
- Proprietary Rights. All information, trademarks, service marks, logos, graphics, photographs, format, design and other copyrighted material on the Site (collectively, “Content”) and the operation and interface of the Site are protected by copyright law and other intellectual property laws, and are owned by or licensed to iNACOL or its affiliates with permission of the owner. You may download and make copies of the Content for your personal educational use only, provided that you comply with these Terms in doing so and do not remove, delete or alter any copyright and/or proprietary notices. Except as expressly provided in this Agreement, unless you are the Content owner, you may not copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in any way without the prior written consent of iNACOL. Any breach of this Agreement shall immediately terminate the license and rights granted by iNACOL hereunder, and may subject you to civil and/or criminal prosecution.
- Transmission of Information. Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not, responsible for the security of information that you choose to communicate with iNACOL while it is being transmitted. In addition, iNACOL is not responsible for any data lost during transmission.
- DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. INACOL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.For purposes of clarification, but not limitation, of the foregoing: neither iNACOL nor any of its employees or agents warrant that use of the Site will be uninterrupted or error-free; nor do they make any warranty as to (i) the accuracy, completeness, timeliness, reliability or content of any information or service offered through the Site; (ii) that the quality of any services, information, or other material that you obtain will meet your expectations; or (iii) that the files available for downloading or sharing from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL INACOL OR ANY OFFICER, DIRECTOR, AFFILIATE, EMPLOYEE OR AGENT THEREOF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR OTHERWISE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY USER CONTENT. INACOL SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES RESULTING FROM YOUR USE OF THE SITE.INACOL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT OR USER COMMUNICATION. INACOL IS NOT RESPONSIBLE FOR OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, MOBILE DEVICE, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE ARISING OUT OF OR RELATED TO USE OF THE SITE.If applicable law in your jurisdiction limits or prohibits application of some or all of the above limitations on liability, those provisions should be interpreted to limit INACOL’s liability to the fullest extent permitted by applicable law.
- Creating an Account on the Site. In order to access certain features of the Site, you may have to create a user account with iNACOL (a “User Account”). You may only create one User Account as an individual. You must safeguard your password and supervise the use of your User Account. You must safeguard your password and supervise the use of your User Account. You agree (i) to provide accurate and up-to-date information in connection with your User Account; (ii) that you are responsible for your own use of your User Account and any use of your User Account by anyone you allow to access it; and (iii) you will notify iNACOL immediately of any unauthorized use of your User Account.Your User Account is non-transferable and may not be sold, combined or otherwise shared with any other person or business. If you violate any of these limitations, we may terminate any or all of your User Accounts. If we terminate your User Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your User Account, your User Account may be terminated immediately and we reserve the right to pursue any and all legal action that we, in our sole discretion, deem necessary or appropriate.
- User Submissions. You promise that you own all rights to any content or information you post or share using the Site (referred to as “User Content”), such as comments, photos, or videos. You further promise that you have paid and will pay in full any fees or other payments that may be related to the use of your User Content, and that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.By uploading User Content to the Site, you grant to iNACOL a perpetual, irrevocable, non-exclusive, worldwide, fully-paid-up, royalty-free license to reproduce, display, perform, distribute, store, modify, make derivative works from, and otherwise use User Content in connection with the Site and for any other purpose related to the Site. You agree that any User Content that you place or authorize us to place on the Site may be viewed by other users and may be viewed by any person visiting or participating in the Site’s services.You understand and agree that we may, but are not obligated to, monitor or review any User Content you post or cause us to post. We may delete any User Content, in whole or in part, that in our sole judgment violates this Agreement or may harm our reputation.
- Community Rules. By using the Site, you agree that you will not:
- Use the Site in any manner or for any purpose that is illegal or prohibited by this Agreement;
- Spam, solicit money from or defraud any users;
- Impersonate any person or entity or post any images of another person without his or her permission;
- Bully, “stalk,” intimidate, harass, or defame any person;
- Post any User Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
- Post any User Content that is hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
- Post any User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Solicit passwords for any purpose, or personally identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission; or
- Create another account if we have already terminated your account, unless you have our permission.
- Digital Millennium Copyright Act (“DMCA”) Notice. iNACOL is under no obligation to, and does not, scan third party content used or posted in connection with the Site for the inclusion of illegal or impermissible content. However, iNACOL respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another’s copyright. It is iNACOL’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.If you believe any content on the Site infringes a copyright, you agree to provide iNACOL with a written notice that at a minimum contains:
- 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 iNACOL to locate the material;
- Information reasonably sufficient to permit iNACOL 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; and
- 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.
All DMCA notices should be sent to iNACOL’s designated agent as follows:
If by e-mail: [email protected]
If by mail: iNACOL
1934 Old Gallows Road
Vienna, VA 22182
Attn: Jim Benson
- Dispute Resolution. This Agreement is governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws principles. By using this Site, you submit to the jurisdiction of the state and/or federal courts in the Commonwealth of Virginia with respect to any dispute, disagreement or cause of action arising out of or related to the Site. You hereby waive any right to a jury trial in connection with any dispute arising out of or relating to this Agreement, including, without limitation, any dispute arising out of or relating to your access or use of the Site.
- Miscellaneous. iNACOL’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time. iNACOL may, at any time, in its sole discretion and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of iNACOL. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalid, illegal or unenforceable provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and such change shall not affect the existence or enforceability of any other provision of this Agreement.
Please direct any questions or comments concerning these Terms to [email protected].