Before you register for a NAFSA e-Learning program, the International Education Professional Certificate, or the NAFSA Executive Internationalization e-Institute (“e-Learning Program” or “Training”) for the first time, carefully review the conditions of usage displayed in the scroll-box below. Registering for a NAFSA e-Learning program indicates your acceptance of the NAFSA e-Learning Participant User Agreement and its terms and conditions set forth below.
This Participant User Agreement ("Agreement") is made in Washington, D.C. by NAFSA: Association of International Educators ("NAFSA") with the person downloading, using, or accessing a NAFSA e-Learning program ("Training") and other copyrighted materials made available to the registered user ("Participant" or "You") at the NAFSA Web site at www.nafsa.org ("Site").
Background
NAFSA is a nonprofit corporation organized and incorporated under the laws of the District of Columbia to provide professional development opportunities for international educators. NAFSA developed e-learning courses made available online through a learning management system, and these courses are protected by copyright under the laws of the United States.
This Agreement sets forth the terms and conditions governing the use of the Training by Participant. By becoming a participant user of the Site, clicking the “I Accept” button on this registration page and using the Training, you are entering into a binding and enforceable agreement to be bound by all of the terms and conditions of this Agreement.
This Agreement expressly incorporates by reference and includes, without limitation, the Site’s Terms and Conditions, Privacy Policy, and any additional guidelines, rules and/or disclaimers that may be posted or updated on specific Web pages of the Site, or on notices that are provided to You.
Please carefully review the terms of this Agreement before clicking the “I Accept” button on the registration form. If You do not wish to accept this Agreement, do not proceed with the registration.
Thus, if You register for and use the Training, You are agreeing to the following in exchange for the mutual commitments and obligations set forth in this Agreement:
1. Binding Terms and Changes
By becoming a registered user of the Site, by clicking the "I Accept" button on this registration page, and by using the Training, You acknowledge that You have read and understood this Agreement, and You agree to be bound by all of the terms and conditions of this Agreement. NAFSA may change the terms of this Agreement from time to time. Any changes to this Agreement will be posted on the Site and will become effective and be binding on You immediately upon posting. NAFSA may also change the terms by notifying you by any other reasonable form of notification, effective immediately upon notice being provided. Your continued use of the Training following such notice constitutes Your acceptance of those changes.
2. Password Use and Security
By entering into this Agreement, You acknowledge that the Training is for Your exclusive use only. Use or sharing of Your User Name and Password by another user is not permitted and is cause for immediate termination of this Agreement without notice to You.
You are solely responsible for maintaining the confidentiality of Your User Name and Password and for all activities that occur under Your User Name and Password. You agree to immediately notify our Customer Service Department if You become aware of or have reason to believe that there is any unauthorized use of Your account or any other breach of security. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with NAFSA in any investigation of such unauthorized uses or of infringements of NAFSA’s intellectual property rights in the Training. NAFSA shall have the sole right, at its expense, to bring any action on account of such infringements or unauthorized uses. NAFSA is in no way liable for any claims related to the use or misuse of Your User Name and Password due to the activities of any third party outside of our control or due to Your failure to maintain their confidentiality and security.
3. Use of the e-Learning Course, e-Learning Express Courses, e-Learning Seminars, e-Institute, International Education Professional Certificate, and other e-Learning offerings
NAFSA grants to its registered users a non-transferable, non-exclusive and revocable license to the Participant to use the Training for the registration term specific to each program type as stated in the program descriptions from date of purchase according to the terms and conditions set forth in this Agreement. Training is solely for Participant’s personal, noncommercial use; you may not use the Training in any way in exchange for monetary consideration. Individuals other than the Participant may not access or view this electronic file or use supporting materials, whether electronically or in print. The Participant is permitted online access to the Training and may download, save, or print one hard copy of discreet sections of the text, search results, or other information from the Training solely for the personal, noncommerical use of the Participant, provided the Participant includes all copyright and other proprietary rights notices that appear on the original and that you include a customary bibliographic citation, including author attribution, date, article title, the NAFSA e-Learning program, and the URL www.nafsa.org. You may not disseminate any portion of the training through electronic means, including emails lists or bulletin boards, without the prior consent of NAFSA.
The Participant may only use this online access in a way that conforms to all applicable laws and regulations. Except as expressly granted by this Agreement, You acquire no right, title or license in the Training or the content or other data or materials incorporated in the Training and may not sublicense, sell, or resell the whole or any part of the Training or its contents. Except as expressed granted by this Agreement, You may not reproduce, transmit, distribute, or use the Training or the content or other data or materials incorporated in the Training without NAFSA’s permission. You may not commingle any portion of the Training with any other information and shall not edit, modify, or alter any portion. For permission to copy beyond what is expressly provided herein, and/or to reprint articles or any other content offered via the Training, contact the Copyright Clearance Center.
Any violation of this Agreement or abuse of the policies of the Training will result in the immediate and permanent cessation of access to all NAFSA servers and services and of your license to use the Training and will be pursued to the fullest extent permitted under all applicable laws, treaties, and conventions.
4. Copyright
NAFSA e-Learning Programs are copyrighted © 2010 by NAFSA: Association of International Educators Published in the United States of America. All rights reserved. While NAFSA grants You the nonexclusive and limited right to use the Training as set forth in this Agreement, You acknowledge that NAFSA is the sole and exclusive owner of the entire copyright and other proprietary rights in and to the Training and in and to the content and other data and materials incorporated in the Training. All uses of the Training are subject to NAFSA’s copyright and other intellectual property rights.
5. Fees and Payments for Course Registration
NAFSA will charge registration (subscription) fees for access to Training Program content and may change the fees charged at any time. When fees are changed, NAFSA will notify You by e-mail, by posting a notice on the Site, or by any other reasonable form of notification. The fee options available to You will be presented within the program descriptions and at the point of registration. Access to the training will be available for the registration term specific to each program type as stated in the program descriptions following completed payment for the training. Your access to the course will be terminated at the end of the term in effect.
You agree to pay all registration fees and other charges that may be incurred in connection with Your User Name and Password (including any applicable taxes) at the rates in effect when the charges were incurred.
All fees and charges incurred in connection with Your User Name and Password are your responsibility and will be billed to You.
You also are responsible for any charges incurred to access the Training, such as telephone and other equipment charges, and fees charged by an Internet access provider or other third-party service.
6. Limitation of Liability
You agree that the liability of NAFSA, its affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the service or the content therein shall not exceed the amount you paid to NAFSA for this service during the 6-week period registration term for the specific program preceding any claim or notification of damages.
NAFSA shall not be liable for any amounts billed to your credit card by a third party that were not authorized by you.
In no event shall NAFSA, its affiliates, directors, officers, employees, agents and licensors be liable to you or to any third party for any special, incidental, indirect, consequential, or punitive damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability (whether in contract, tort or otherwise), arising out of or in connection with the use or performance of the training or the content therein.
The service is provided "as is," and you rely on the training and its contents at your own risk. There are no representations or warranties of any kind, either express or implied, including, but not limited to: No representations or warranties of merchantability or fitness for a particular purpose; no representations or warranties as to the accuracy or completeness of the service; and no representations or warranties that the service or anything else provided pursuant to this agreement will not infringe proprietary rights of third parties.
Participant understands that NAFSA e-Learning is for educational purposes only.
Descriptions of, or references to, products or publications does not imply endorsement of that product or publication.
NAFSA e-Learning programs are continually under development and changes may be made to the programs at any time.
7. Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the “I ACCEPT” button and, subject to the terms and conditions of this Agreement, will remain in effect while the Participant maintains a current, fully paid online registration to the program, or until terminated by NAFSA. NAFSA may discontinue or change the program, or its availability to You, at any time without notice. The program registration, once purchased, is not returnable.
8. No Assignment
This agreement is personal to You, and You may not assign Your rights or obligations to anyone.
9. No Waiver
Neither failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
10. Severability
If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that corresponds as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
11. Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflicts of law principles and without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instrument to be drafted. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the District of Columbia. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
12. Entire Agreement
As stated above, the Terms and Conditions, Privacy Policy, and any additional guidelines, rules and/or disclaimers posted on the Site or on notices provided to you are incorporated into this Agreement by reference as if fully restated herein. This Agreement constitutes the entire agreement between You and NAFSA governing Your use of our Web site and supersedes any prior agreements, if any, between You and NAFSA relating to any matter dealt with in this Agreement. You may also be subject to additional terms that apply when You deal with advertisers or use links.