License and User Conduct
The Indiana State Teachers Association (“ISTA”) grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of ISTA. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ISTA. Any unauthorized use of the Site shall automatically terminate the license granted to you by ISTA for such use.
You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of this Site. You agree that ISTA may terminate your use of the Site in ISTA’s sole discretion for any reason.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify ISTA of any unauthorized use of your password or account, or any other breach of security of which you become aware. If you are under eighteen (18) years of age, you may use the Site only with involvement of your parent or guardian. ISTA reserves the right to refuse service, remove or edit content, or cancel service requests in its sole discretion.
You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of ISTA. ISTA has no obligation to monitor the Site; however, you acknowledge and agree that ISTA has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.
You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
You acknowledge that materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights (“Intellectual Property”) and are owned by ISTA or are used by permission. You may download or print copies of portions of the materials on the Site, provided that you only use such copies for your own personal, non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark, or patent notices therein. No right, title, or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Site. You may only use the materials and the Intellectual Property on the Site as expressly permitted in these Terms and for no other purpose. All products, services, and company names mentioned herein are the trademarks of their respective owners. If you submit comments, suggestions, ideas, or other communications to ISTA (“Submissions”), your submission shall constitute an unrestricted worldwide license for ISTA to reproduce and use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. ISTA does not endorse, and ISTA is not liable for, any content, products, services, software, or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. ISTA is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand, and agree that ISTA 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 such other sites. ISTA shall not be liable for any errors or delays in the content, goods, or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Correction of Errors and Inaccuracies; Limitations on Services
The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. ISTA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted a request for an estimate). Please note that such errors, inaccuracies or omissions may relate to service descriptions, pricing, and availability. ISTA also reserves the right to limit the scope of services (including after you have submitted your request). ISTA apologizes for any inconvenience this may cause you.
The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site’s listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on ISTA’s hardware or software infrastructure; (3) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site; (4) engaging in or promoting any illegal activities; and (5) engaging in any activity that markets another business or attracts ISTA members to a third party.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ISTA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND ISTA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
ISTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE SITE UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER ISTA, NOR ANY OF ISTA’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “ISTA ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF ISTA OR AN ISTA ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH ISTA IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT ISTA’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ISTA IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
THE SITE IS CONTROLLED, OPERATED, AND ADMINISTERED BY ISTA FROM ITS OFFICES WITHIN THE UNITED STATES. ISTA MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND ISTA ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ISTA AND THE ISTA ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN ISTA AND YOU.
You agree to defend, indemnify, and hold ISTA and all ISTA Associates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Where required, ISTA may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to ISTA by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with ISTA, please e-mail or write to:
Indiana State Teachers Association
150 W. Market St., Suite 900
Indianapolis, IN 46204
Phone: (844) ASK-ISTA
ISTA welcomes your questions and comments.
The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation, and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County, Indiana for any action arising out of these Terms.
ISTA may revise these Terms from time to time. You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound. The Site is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. You acknowledge and agree that the Site is for your personal and non-commercial use.
ISTA shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules as posted on the Site, represent the entire understanding between you and ISTA regarding your relationship with ISTA and your use of the Site. These Terms supersede all previous written or oral agreements between you and ISTA with respect to such subject matter. Notwithstanding any provision of these Terms, ISTA has available all remedies at law or equity to enforce these Terms.
Last updated: 6/12/2018