Agricultural Education Curriculum Online Internet Services Agreement
READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
This Internet Services Agreement (the "Agreement") is between you and The Curators of the University of Missouri on behalf of the Instructional Materials Laboratory (hereinafter referred to as “IML”), a public institution of higher education organized and existing under the laws of Missouri and with a principal place of business at 1400 Rock Quarry Center, Room Q139, Columbia, MO 65211. Use of the Services signifies your agreement to the terms and conditions of use set forth in this Agreement.
1. Grant of Rights
IML grants you a non-exclusive, non-transferable, limited right to access, use, and display the Student Reference, Images, Handouts, Forms, Appendixes, Links to Agricultural Education and Commercial Agriculture sites, and Forums, and if you pay the fees listed in IML’s online catalog, you will be granted the non-exclusive, non-transferable, limited right to access, use, and display Lesson Plans for the Instructor, Interactive Learning, Lesson Activities and Assessments/Online Evaluations, Unit Activities, and Unit Assessments all provided by IML and further access any other services which IML may offer (collectively, the "Service") on any machine(s) of which you are the primary user. A Service account may not be transferred to another party or entity without prior written approval from IML, and any such transfer of a Service account is subject to any limits established by IML.
2. Availability of Web Site
Unless otherwise indicated, the Web Site shall be accessible to third parties via the World Wide Web portion of the Interact twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Hosting Services due to causes beyond the control of IML or which are not reasonably foreseeable by IML, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Inter-net slow-downs or failures.
3. Content
You recognize that you are solely responsible for the content of any information you make available by means of the Service, including, without limitation, by posting on a Web site, or in a bulletin board service. IML has the right to monitor the content which you or other users make by means of the Service, but shall have no obligation to do so. You agree that if IML in its sole discretion deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, IML has the right, but not the obligation, to remove or deny access to such content. You expressly agree that IML shall not be liable to you for any action IML takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. IML has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material.
4. Proprietary Materials
Material accessible to you through the IML Service may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
5. No Expectation of Privacy
You acknowledge that transmissions made by means of the Service are not confidential and that your communications may be read or intercepted by others. You acknowledge that by transmitting materials by means of the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and IML.
6. DISCLAIMER OF WARRANTY
THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, 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, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IML MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, IML'S NEGLIGENCE.
7. Termination
In addition to any other rights of the parties set forth herein, either you or IML may terminate this Agreement at any time upon notice. IML also reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, with respect to any breach or threatened breach of Sections 3 or 4. IML will terminate service on the one-year anniversary date if there is no purchase order or payment for continued service. If IML terminates your membership pursuant to this Section, IML reserves the right to deny access to the Service in whole or in part, including, without limitation, removing your Web site from the IML server, and to refuse to provide the service to you following such termination. If service is terminated, IML will return the data stored on the server as a comma delimited text file within thirty (30) days of termination.
8. Modifications to Agreement
IML has the right to modify this Agreement. Any modification is effective immediately upon either a posting on the IML Home Page (http://www.iml.missouri.edu/), or upon notice by electronic mail, or U.S. mail. Your continued use of the IML Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of IML in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount or type of Service Fees, is to terminate Membership by delivering notice to IML. Such notice will be effective upon receipt by IML.