Terms of use

Please read these Terms of use ("Terms") carefully before using this site. By accessing and using the Oregon School Boards Association (OSBA) websites and materials, you acknowledge and agree to abide by the following terms of use. If you do not agree to these Terms, do not use the OSBA websites or download any materials.

Scope of terms

These Terms of use are applicable to all OSBA websites, whether sponsored, managed or hosted internally by OSBA staff or through a third party vendor (referred to hereafter as the "websites.")

These Terms also apply to any resources and tools provided through OSBA websites, including but not limited to databases, subscriptions, publications, downloads, research, blogs, sharing sites and product or service information. These Terms apply to all the OSBA websites, both now and in the future. Hereafter, all the materials covered by these Terms of Use will be referred to as the "materials."

OSBA may also provide activity- or program-specific Terms of Service. If so, to the extent that these Terms do not conflict with the program-specific Terms of Service, the Terms herein remain in full force and effect.

Security and privacy

Personal information

Information submitted to OSBA through forms on the websites or materials is governed according to OSBA's privacy policy.

Member account, password, and security

OSBA may host a program- or activity-specific site that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify OSBA immediately of any unauthorized use of your account or any other breach of security. OSBA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by OSBA or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Use terms

Personal and non-commercial use

This website is for personal and non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, translate, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the materials.

No unlawful or prohibited use

You agree that you will not use the websites or material for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

  1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. use the websites, materials, services or activities to "stalk" or otherwise harass or harm another;
  3. impersonate any person or entity, including, but not limited to, an OSBA board or staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website or materials;
  5. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any content that infringes any
    patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. you may not use the websites or materials in any manner that could damage, disable, overburden, or impair any OSBA server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the websites or materials or interfere with any other party's use of the websites or materials;
  10. you may not attempt to gain unauthorized access to any website or material, other accounts, computer systems or networks connected to any OSBA server or materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the websites or materials; and/or
  11. intentionally or unintentionally violate any applicable local, state, national or international law.

Notices and disclosures

Exclusions of warranty

The technical information contained herein is provided to OSBA by OSBA members and nonmembers. OSBA strives to present accurate and reliable information on this Internet site but does not provide an absolute guarantee of its accuracy or reliability. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, and timeliness.

Limitation of liability

OSBA, (including its employees and agents) assumes no responsibility for consequences resulting from the use of the information herein, or from use of the information obtained at linked Internet addresses, or in any respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies, or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. OSBA is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by OSBA with respect to such information.

Content related notices

Ownership

You acknowledge and agree that OSBA owns all legal rights, title and interest in all
the materials and websites, including any OSBA trademarks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without OSBA's prior written permission. Except as expressly provided herein, OSBA does not grant any express or implied rights to you under any patents, copyrights, trademarks, or proprietary information.

Third-party content

Websites and materials may contain user or third-party-submitted content or links. Such content and links are not reviewed, approved or endorsed by OSBA and are provided solely as a convenience to our members and users. Under no circumstances will OSBA be liable in any way for any third-party-submitted or provided content or links, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the websites or material are subject to these Terms of Use and any other program- and site-specific terms.

User content submissions

Definition

User content submissions may include but are not limited to, registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, submitting or transmitting content, including, but not limited to graphics, art, text, video, audio, opinions, descriptions etc. (the "user content") on any OSBA website. Content submitted by users is referred to hereafter as "user content".

Non-endorsement

OSBA does not endorse any user content or any opinion, recommendation, or advice expressed therein, and OSBA expressly disclaims any and all liability in connection with user content submissions. OSBA does not permit copyright infringing activities and infringement of intellectual property rights on its websites, and reserves the right to remove user content at its sole discretion and without prior notice.

Ownership

OSBA does not claim ownership of any user content submitted, posted, transmitted or made available or displayed on, or through, the websites or materials, including, but not limited to, data, text, sound, images, videos, diagrams, audio, information, graphs, or descriptions on the websites or material. Unless otherwise agreed to in writing, there is no compensation for user content. OSBA is under no obligation to post or use any user content submitted. Unless otherwise agreed in writing with an authorized OSBA representative, any material, information or other communication you transmit or post to a website will be considered non-confidential and non-proprietary.

License

Unless other specified on the website or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such user content you grant OSBA, necessary sub-licensees and website users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the user content (in whole or in part) and to incorporate such user content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.

Warranties and representations

By posting or submitting user content you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the user content. To the extent that the user content submitted contains images, photographs, pictures, graphical representations in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or Images contained in such Images are consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the materials, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms, and (c) that each person depicted in such Images, if any, have provided consent to the use of the Images as set forth in these Terms.

Moderation or pre-screening

You acknowledge that OSBA may or may not moderate or prescreen User Content. OSBA and its designees retain the right, at OSBA's sole discretion to prescreen, refuse, or remove any User Content from its website or materials. OSBA, however, will have no liability related to the content of any such User Content, whether or not arising under laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, OSBA shall have the right to remove any User Content that violates these Terms of Use.

Links to other materials or sites

At certain places on the OSBA websites, live 'links' to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of OSBA. OSBA does not endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by OSBA.

General

User access to these websites is governed by all applicable federal, state and local laws. All information available on the websites is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

OSBA makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms constitute the entire agreement between you and OSBA and govern your use of the websites. Each user may be subject to additional terms and conditions that may apply where that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and OSBA shall be governed by the laws of the State of Oregon, US without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms 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 the Terms remain in full force and effect.

In the case of any violation of these rules and regulations, OSBA reserves the right to seek all remedies available by law and in equity for such violations.

OSBA may revise these Terms of Use at any time by updating this posting. You should visit this from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular websites or materials.