Terms of Service

Terms of Service (TOS)

1. Acceptance of Terms

The Institute for Humane Education provides its service to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: (link here).  While using particular Institute for Humane Education services, you and the Institute for Humane Education shall be subject to any posted guidelines or rules applicable to those specific services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. Description of Service

The Institute for Humane Education currently provides users with access to several on-line resources, including downloadable documents, discussion forums, and content through its web site (the "Service").  Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Institute for Humane Education sites and features, shall be subject to the TOS.
3. Your obligations as a registered user 
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Institute for Humane Education has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Institute for Humane Education has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. User account, password, and security

You select a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify the Institute for Humane Education of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Institute for Humane Education cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. User Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Institute for Humane Education, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.  The Institute for Humane Education has limited control of the Content posted on discussion boards via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. While registered users of the Service are typically gracious and caring, you understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Institute for Humane Education be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
•    harm other users in any way including harassing, “stalking” or other crimes against ones person;
•    upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
•    impersonate any person or entity, including, but not limited to, an Institute for Humane Education staff user or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
•    upload, post, email, transmit or otherwise make available any Content that you do not have legal right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
•    upload, post, email, transmit or otherwise make available any Content that infringes any trademark, copyright or other proprietary rights of any party;
•    upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any form of solicitation;
•    intentionally or unintentionally violate any applicable local, state, national or international law; or

You acknowledge that the Institute for Humane Education may not pre-screen Content, but that the Institute for Humane Education and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, the Institute for Humane Education and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Institute for Humane Education or submitted to the Institute for Humane Education.
You acknowledge and agree that the Institute for Humane Education may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Institute for Humane Education, our users and the public.
6. International Use

HumaneEducation.org can be accessed worldwide.  Acknowledging this, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. Materials submitted or made available for inclusion on the service

The Institute for Humane Education does not claim ownership of Content you submit or make available on the Service.  However, with respect to Content you submit or make available on current or future publicly accessible areas of the Service, you grant the Institute for Humane Education the following world-wide, royalty free and non-exclusive license, as applicable:
•    With respect to Content (including photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

8. Indemnity

You agree to indemnify and hold the Institute for Humane Education, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.
9. Links

The Service provides, or third parties may provide, links to other World Wide Web sites or resources.  Because the Institute for Humane Education has no control over such sites and resources, you acknowledge and agree that the Institute for Humane Education is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Institute for Humane Education shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. Modifications to Service
The 
Institute for Humane Education reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Institute for Humane Education shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Termination

You agree that the Institute for Humane Education, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Institute for Humane Education believes that you have violated or acted inconsistently with the letter or spirit of the TOS.  The Institute for Humane Education may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Institute for Humane Education may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that the Institute for Humane Education shall not be liable to you or any third-party for any termination of your access to the Service.
13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
•    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  THE INSTITUTE FOR HUMANE EDUCATION 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.
•    THE INSTITUTE FOR HUMANE EDUCATION MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
•    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
•    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE INSTITUTE FOR HUMANE EDUCATION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

14. LIMITATION OF LIABILITY  


YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INSTITUTE FOR HUMANE EDUCATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE INSTITUTE FOR HUMANE EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. Violations

Please report any violations of the TOS to us.
16. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by the Institute for Humane Education in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.  User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement[if applicable].

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