Updated December 16, 2016
- PERMITTED USE; GENERAL OBLIGATIONS TO ISEP.
2.1. You shall use the Site only for the purposes expressly set forth on the Site and in this Agreement. Any other use of the Site is prohibited. In case of a conflict between any statement on the Site and any provision of this Agreement, the provision of this Agreement will apply.
2.2. Notwithstanding any other provision of this Agreement, You shall not: (a) access or use the Site for any purpose that is unlawful; (b) access or use the Site for any purpose that is not expressly permitted by the Site or this Agreement; © access or use the Site in any manner that could damage, disable, overburden, or impair any ISEP computer system, server, or network; (d) access or use the Site in any manner that interferes with any other person’s access or use of the Site; (e) attempt to gain unauthorized access to the Site, other accounts, or any ISEP computer system, server, or network; (f) access or use materials or information through any means not intentionally made available by ISEP; or (g) access or use the Site from any place where access or use of the Site is prohibited.
2.3. Notwithstanding any other provision of this Agreement, You shall ensure that your use and access of the Site complies with all applicable laws and regulations.
2.4. The Site is not intended to be accessed or used by persons under the age of 18. You represent and warrant that you are at least 18 years of age. If You are not at least 18 years of age, You shall not access or use the Site.
2.5. This Site is not intended to be accessed or used by persons legally prohibited from such access or use. If You are prohibited from using this Site by any applicable law, regulation, or order (including, without limitation, the laws of the country in which you reside or from which you attempt to access or use the Site), You shall not access or use the Site.
2.6. Except as expressly permitted by ISEP, in writing: You shall not: (a) Copy of modify any software made available to you by ISEP (“ISEP Software”); (b) transfer, sublicense, lease, lend, rent, or distribute any ISEP Software to any third-party; or © use the ISEP Software for any purpose that is not expressly permitted by ISEP, in writing.
2.7. If You fail to abide by this Agreement in any way, or fail to pay any amount owed to ISEP when due, ISEP may prohibit you from accessing or using the Site. No act or omission by ISEP will be deemed to be a waiver of any right or remedy provided under this Agreement or under applicable law.
- USER CONTENT.
3.1. As to any information or other content (including, without limitation, any comments, suggestions, feedback, photographs, and videos) You post to or through the Site or otherwise provide to ISEP (such information or content, “Content”), You represent and warrant that: (1) the Content is wholly complete, true, and accurate; (2) You are the sole owner of the Content or have all rights, licenses, consents, and releases that are necessary and appropriate to grant to ISEP and all users of the Site all rights in such Content, as contemplated under this Agreement; (3) the Content is not protected from disclosure by any law, regulation, order, or contractual obligation; (4) the Content is not confidential and ISEP is entitled to use and disseminate the Content for any purpose, commercial or otherwise, without acknowledgement or compensation to You. You shall not provide to ISEP, or post to or through the Site, any Content that is not wholly complete, true, and accurate; or of which you are not the sole owner or the possessor of all rights, licenses, consents, and releases that are necessary and appropriate to grant to ISEP and all users of the Site all rights in such Content, as contemplated by this Agreement.
3.2. You shall not post, submit, or provide to ISEP any Content that: (a) is harmful; vulgar; obscene; profane; sexually explicit; abusive; threatening; privacy invading; defamatory; racially, ethnically, or otherwise objectionable; or unlawful in any way; (b) infringes, violates, or may infringe or violate, any intellectual property or other right of another person; or © is protected from disclosure by any law, regulation, order, or contractual obligation.
3.3. You acknowledge that ISEP has no obligation to store or secure Content, for any length of time or in any way.
3.4. You acknowledge that ISEP does not generally endorse or pre-screen Content. However, ISEP and its designees have the right, but not the obligation (in ISEP’s sole discretion), to reject, edit, move, or remove any Content.
3.5. As to any Content, You grant to ISEP and all Users an irrevocable, non-exclusive, non-transferable, non-sublicensable, fully paid, perpetual, worldwide license to use, copy, encode, store, archive, distribute, transmit, modify, translate, publicly display, and create derivative works from, the Content. Additionally, You grant to ISEP the right to use the name you submit in connection with any Content.
3.6. You shall not copy, distribute, or display, in any way, any information You find on the Site on any other website or electronic forum without the express written consent of ISEP. You acknowledge that, as between You and ISEP, ISEP is the exclusive owner of the Site.
- DMCA NOTICE PROCEDURE.
4.1. ISEP will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”).
4.2. If you believe that your work was copied or posted on the Site in a way that constitutes copyright infringement, please contact our designated agent [DMCA AGENT].
4.3. Your notification of alleged infringement must comply with the provisions of the DMCA and must include the following information: (1) a description of the copyrighted work which You claim has been infringed (if you are not the owner of the work, You shall also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner); (2) a description of where the allegedly infringing material is located on the Site; (3) information reasonably sufficient to permit ISEP to contact you (such as an address, telephone number, and, if available, an email address where you may be reached); (4) a statement that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; and (5) a statement by You, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
4.4. Upon receipt of such written notification, conforming to the DMCA and containing the information described in Section 4.3, ISEP will remove or disable access to the allegedly infringing material, forward the written notification to the alleged infringer, and attempt to promptly notify the alleged infringer that the allegedly infringing material has been removed.
4.5. If allegedly infringing material is removed by ISEP, the alleged infringer may deliver a counter-notification to ISEP’s designated agent which complies with the provisions of the DMCA and includes the following information: (1) a physical or electronic signature of the alleged infringer; (2) a description of the of the material that has been removed, or to which access has been disabled, and the location at which the material appeared on the Site before it was removed or access to it was disabled; (3) a statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) the alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of United States District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which ISEP may be found, and that the alleged infringer will accept service of process from the person who provided the notification or an agent of such person
4.6. Upon receipt of a counter-notification, conforming to the DMCA and containing the information described in Section 4.5, ISEP will promptly provide You, the party who delivered the original notification, with a copy of the counter-notification and inform you that it will replace the removed material, or cease disabling access to it, within ten business days. If ISEP’s designated agent does not receive notice from You that an action has been filed seeking a court order to prohibit the alleged infringer from engaging in the infringing activity complained of in the original notification, ISEP will replace the removed material, or cease disabling access to it, within ten to fourteen business days after receipt of the counter-notification.
- THIRD-PARTY WEBSITES, COMPANIES, AND PRODUCTS. Mention of, or linking to, third party websites, companies, and products on the Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Certain links on the Site will permit you to leave the Site. The websites linked by the Site are not under the control of ISEP and ISEP is not responsible for the content of any linked website. You may interact with other users of the Site, but ISEP has no responsibility for such interactions or any damages that may result from such interactions.
- INDEMNIFICATION. You shall defend, indemnify, and hold harmless ISEP, its officers, directors, employees, and agents, from and against any claims, actions or demands, including, without limitation, all reasonable attorney’s fees and costs, made by any third party due to or resulting from your access or use of the Site or any Product, any breach of this Agreement by You, any false representation made by You in this Agreement, or any breach of a warranty made by You in this Agreement.
- DISCLAIMERS; LIMITATION OF LIABILITY.
7.1. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, PERTAINING TO ALL CONTENT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.2. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE MAY CONTAIN LINKS TO OTHER SITES. COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES OF THOSE SITES.
7.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
7.4. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR THE PRODUCT.
7.5. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM ANY CONTENT PROVIDED BY OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR THE ACTIONS OR OMISSIONS OF ANY OTHER PERSON.
7.6. IN ANY EVENT, COMPANY’S ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THIS AGREEMENT, ARISING FROM THE ACCESS OR USE OF THE SITE BY YOU OR ANY OTHER USER, OR ARISING FROM ANY SERVICES PROVIDED BY ISEP WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO ISEP PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
7.7. ALL SERVICES PROVIDED BY COMPANY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, PERTAINING TO ANY PRODUCT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- GOVERNING LAW. This Agreement is governed and must be construed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.
- CHOICE OF FORUM. Any party commencing against any other party any legal proceeding (including, without limitation, any tort claim) arising out of, relating to, or concerning this Agreement must bring that proceeding in the United States District Court for the Eastern District of Virginia or in the state courts sitting in Arlington, Virginia. Each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding and waives any claim that any legal proceeding (including, without limitation, any tort claim) brought in accordance with this Section 9 has been brought in an inconvenient forum or that the venue of that proceeding is improper
- ATTORNEY’S FEES AND COSTS. In the event of any litigation arising under this Agreement for from the use or access of the Site by You, the substantially prevailing party is entitled to recover from the non-substantially prevailing party all of its costs and reasonable attorney’s fees incurred in such litigation.
- SEVERABILITY. In the event that any provision of this Agreement is invalidated by a court of competent jurisdiction, then all of the remaining provisions of this Agreement continue unabated and in full force and effect.
- BINDING EFFECT. This Agreement is binding upon each of the parties and upon their respective successors and assigns, and inures to the benefit of each of the parties and to their respective successors and assigns.
- ENTIRE AGREEMENT. This Agreement contains the entire understanding and agreement between the parties as to its subject matter and must not be modified or superseded except upon the express consent of both parties. This Agreement is not intended to confer upon any person, other than the parties, any rights or remedies.
- CONTRACT INFORMATION. Please feel free to contact us with any comments, questions, or suggestions you might have regarding the services we provide. You can reach us at ISEP, 1655 N. Fort Myer Dr., Suite 400, Arlington, VA 22209, (703) 504-9899, firstname.lastname@example.org.