The Net Literacy Alliance is an outreach program and alliance between digital inclusion nonprofits – and a listing of digital inclusion nonprofits so that volunteers and donors can more easily locate and donate to those organizations whose mission is to reduce the digital divide. This section is divided into three parts – a summary, a more detailed section, and a section that is more Net Literacy specific. Please read below – and contact [email protected] if you have questions.
SUMMARY OF TERMS AND CONDITIONS OF USE
The website from which you accessed this agreement (“the Website”) is provided to you subject to the following conditions. These terms are in addition to any other terms governing access to the Website. By visiting (in any manner) the Website you accept these terms and conditions (the “Terms of Service”). Please read them carefully. Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Website.
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
Special restrictions on a visitor’s license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on this site are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing this Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
DETAILS OF TERMS AND CONDITIONS OF USE
A special thanks to Google. Net Literacy is the creator of this site. We respect and admire Google’s philosophy of “do no evil.” This website has been created by Net Literacy student volunteers, most of which are high school students. We choose Google’s TOS as a model because of their professionalism and concept of “doing no evil.” Thank you Google…and for a philosophy that as youths…we try to incorporate into our lives everyday!
1. Your relationship with Net Literacy Alliance
1.1 Your use of Net Literacy Alliance’s services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Net Literacy Alliance under a separate written agreement) is subject to the terms of a legal agreement between you and Net Literacy Alliance. “Net Literacy Alliance” means Net Literacy whose principal place of business is at 426 Springwood Drive, Carmel, IN 46032, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Net Literacy Alliance, your agreement with Net Literacy Alliance will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Net Literacy Alliance will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Net Literacy Alliance in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Net Literacy Alliance in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Net Literacy Alliance will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Net Literacy Alliance, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Net Literacy Alliance has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Net Literacy Alliance.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Net Literacy Alliance
4.1 Net Literacy Alliance has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Net Literacy Alliance itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Net Literacy Alliance is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Net Literacy Alliance provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Net Literacy Alliance may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Net Literacy Alliance’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Net Literacy Alliance when you stop using the Services.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Net Literacy Alliance will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Net Literacy Alliance, unless you have been specifically allowed to do so in a separate agreement with Net Literacy Alliance. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Net Literacy Alliance, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Net Literacy Alliance has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Net Literacy Alliance may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Net Literacy Alliance for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Net Literacy Alliance immediately at [email protected]
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with Net Literacy Alliance’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Net Literacy Alliance (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Net Literacy Alliance or by the owners of that Content, in a separate agreement.
8.3 Net Literacy Alliance reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Net Literacy Alliance may provide tools to filter out what we deem is unacceptable content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Net Literacy Alliance has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Net Literacy Alliance may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Net Literacy Alliance (or Net Literacy Alliance’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Net Literacy Alliance and that you shall not disclose such information without Net Literacy Alliance’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Net Literacy Alliance, nothing in the Terms gives you a right to use any of Net Literacy Alliance’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Net Literacy Alliance, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Net Literacy Alliance’s brand feature use guidelines as updated from time to time.
9.4 Other than the limited license set forth in Section 11, Net Literacy Alliance acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Net Literacy Alliance, you agree that you are responsible for protecting and enforcing those rights and that Net Literacy Alliance has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Net Literacy Alliance, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Net Literacy Alliance
10.1 Net Literacy Alliance gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Net Literacy Alliance as part of the Services as provided to you by Net Literacy Alliance (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Net Literacy Alliance, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Net Literacy Alliance, in writing.
10.3 Unless Net Literacy Alliance has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Net Literacy Alliance a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Net Literacy Alliance to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Net Literacy Alliance to make such Content available to other companies, organizations or individuals with whom Net Literacy Alliance has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Net Literacy Alliance, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Net Literacy Alliance to take these actions.
11.4 You confirm and warrant to Net Literacy Alliance that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Net Literacy Alliance.
13. Ending your relationship with Net Literacy Alliance
13.1 The Terms will continue to apply until terminated by either you or Net Literacy Alliance as set out below.
13.2 If you want to terminate your legal agreement with Net Literacy Alliance, you may do so by (a) notifying Net Literacy Alliance at any time and (b) closing your accounts for all of the Services which you use, where Net Literacy Alliance has made this option available to you. Your notice should be sent, in writing, to Net Literacy Alliance’s address which is set out at the beginning of these Terms.
13.3 Net Literacy Alliance may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Net Literacy Alliance is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Net Literacy Alliance offered the Services to you has terminated its relationship with Net Literacy Alliance or ceased to offer the Services to you; or
(D) Net Literacy Alliance is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Net Literacy Alliance is, in Net Literacy Alliance’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Net Literacy Alliance’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Net Literacy Alliance have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT NET LITERACY ALLIANCE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
14.3 IN PARTICULAR, NET LITERACY ALLIANCE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NET LITERACY ALLIANCE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 NET LITERACY ALLIANCE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NET LITERACY ALLIANCE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH NET LITERACY ALLIANCE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE NET LITERACY ALLIANCE WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON NET LITERACY ALLIANCE’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT NET LITERACY ALLIANCE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is Net Literacy Alliance’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Net Literacy Alliance on the Services are subject to change without specific notice to you.
17.3 In consideration for Net Literacy Alliance granting you access to and use of the Services, you agree that Net Literacy Alliance may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Net Literacy Alliance may have no control over any web sites or resources which are provided by companies or persons other than Net Literacy Alliance.
18.2 You acknowledge and agree that Net Literacy Alliance is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Net Literacy Alliance is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Net Literacy Alliance may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Net Literacy Alliance will make a new copy of the Universal Terms available on this site and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Net Literacy Alliance will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Net Literacy Alliance and govern your use of the Services (but excluding any services which Net Literacy Alliance may provide to you under a separate written agreement), and completely replace any prior agreements between you and Net Literacy Alliance in relation to the Services.
20.3 You agree that Net Literacy Alliance may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Net Literacy Alliance does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Net Literacy Alliance has the benefit of under any applicable law), this will not be taken to be a formal waiver of Net Literacy Alliance’s rights and that those rights or remedies will still be available to Net Literacy Alliance.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Net Literacy Alliance is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Net Literacy Alliance under the Terms, shall be governed by the laws of the State of Indiana without regard to its conflict of laws provisions. You and Net Literacy Alliance agree to submit to the exclusive jurisdiction of the courts located within the county of Hamilton County, Indiana to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Net Literacy Alliance shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
ADDITIONAL INFORMATION ON NET LITERACY SPECIFIC CORPORATION WEBSITES
Net Literacy (and it programs which include Senior Connects, Community Connects, Computer Connects, and Safe Connects) is a student-empowered nonprofit whose mission is to empower youths, increase students’ job skills and life skills, enable students to provide youth philanthropy in their community, promote intergenerational computer and Internet literacy training, publicize the problems created by the digital divide, enhance Internet safety, repurpose computers in an EPA compliant manner, and increase computer access among the underserved. Our websites (please see www.netliteracy.org) help us meet our mission. As an example, the Senior Connects website depicts a training methodology designed to teach senior citizens residing in independent living and other facilities computer and Internet skills. We have tried to package a combination of common sense procedures and tested lesson guides to facilitate the process of teaching senior citizens and others about the computer and how to access the Internet, allow it to be used by other parties on a turnkey basis. Net Literacy assumes no liability for the information on any of its websites or its teaching methodology. Those utilizing the materials or receiving training do so at their own risk. Users of any of our programs should email [email protected] to notify him that you will be utilizing our programming materials.
We believe that the types of kids that participate in a program like this and want to help others and make a difference in their community are “stars.” They are what’s making this planet a better place and will be our nation’s next generation of leaders. However and in this litigious and uncertain world that we live in, Senior Connects, Safe Connects, Computer Connects, Community Connects, IndyNonprofit, NearEastside, and Net Literacy must disclose information to try to make you aware of possible risks so that you can assess the program and make certain that notwithstanding whether you are a volunteer, facility manager, or receiver of the programming so that you are aware of the risks associate with this (and unfortunately, just about everything today has lots of risks). Please read this entire section. As an example, it’s illuminating for a volunteer to be cognizant of what is being said to the independent living facility managers, and vice versa. Anyway, the legal stuff follows…
All volunteers, independent living facilities, public housing, single family housing, community centers, schools, HUD housing, Section 8 housing, apartments, homes, visitors, receivers of service and any other parties use this Website at their own risk and on an “as is” basis. Net Literacy makes no representations about any of the material’s suitability or appropriateness to achieve its objective. No warranties or representations are made about, any of the individuals or facilities claiming or actually participating in the program. If fact, Net Literacy is a facilitating and makes no warranties or representations about anything directly or indirectly associated with it whatsoever.
Here are some suggestions to some of our constituencies, which are by no means an exhaustive list of things to consider.
Volunteers that decide to use the Net Literacy program, the Senior Connects or Community Connects training methodology, the Safe Connects materials, or any other associated program should involve their parents (if they are minors) and their mentors to determine if they have the skills and maturity to participate in this process and regularly keep them informed. Volunteers should keep their parents, mentors, and the facility managers informed and updated as they provide service. Volunteers should do nothing that makes them uncomfortable. Carefully check out each facility where you are contemplating providing service and the individuals that you help to make certain that you are always safe. With our programs, the lesson plans are proven and the policies and procedures were designed to make your experience a productive and outstanding learning experience, so please follow the program to maximize your chances of success. While we encourage you to email us any questions about issues that you experience, any suggestions that we make are merely that – suggestion that we are students and in some cases minors making recommendations based upon the information we receive and as best we understand it. We are trying our best for you, but can’t make any guarantees or representations. By use of any, some, or all of the materials on the Net Literacy, Senior Connects, Community Connects, Safe Connects, Indynonprofit, and Computer Connects, you assume all risk and agree to protect, defend, and hold us harmless – you also agree to pay our reasonable legal fees in the event that there is any direct or any indirect litigation naming Net Literacy, it’s partners, it’s agents, it’s volunteers, it’s officers, or any other individual with a relationship with Net Literacy, or any other associated organization.
Independent Living Facilities, Assisted Living Facilities, Senior Facilities, Public Housing, Apartment Complexes, Schools, Community Centers and other types of housing or other facilities
Any facility that is considering allowing a volunteer into their premises to teach their residents or install a computer system should carefully check out the volunteer, including but not limited to making a personal assessment of the volunteer’s skill, maturity, and character after conducting an in-person interview. Also, references should be checked and the volunteer’s resume should be reviewed and/or verified. Talking to the volunteers mentor (all volunteers under the age of 18 should have an adult mentor that will serve as a reference) is another vehicle for you to use to satisfy yourself regarding the volunteer’s suitability to provide you and your residents this community service. All volunteers are counting on you to help keep them safe – and it’s important that you be sufficiently involved to apprise volunteers of any situations or individuals that they should be aware of. Please remember that Net Literacy has not interviewed, received or checked references, or even met many of its out-of-state volunteers that decide to use our methodology – this is your responsibility. We know that some students have heard about our program, really liked it, and use some or most of our methodology to help teach seniors and others, but have not registered because they wanted to incorporate this training into other things they are teaching or because they wanted to conduct training at a location other than the independent living facility. We have no objective to anyone using anything on our site that is done with a good heart, safely, and with good judgment, but we will have no knowledge about them doing so. This is one reason why we encourage you to contact us to make certain the volunteer has registered with Net Literacy. We will do our best to verify their participation but make no guarantees. All this means is that someone has registered – not that they are qualified, experienced, or are of good moral character. That’s not our corporation’s function or expertise, since we are merely a facilitator trying to make the world a little better place for all of us to live. Talk to the volunteers as you would anyone coming into your facility to provide a service. We have not inspected or have any specific knowledge of the equipment that is being installed – and since they are likely donated equipment and computers, we encourage you to check them out from a safety and other perspective prior to installing them or allowing any third party to install them.
Senior Citizens, Public Housing Residents, and everyone else that uses equipment, training, or other materials that originated from Net Literacy or a related program
Please use your good judgment when interfacing with anyone that you don’t personally know – including volunteers using the Net Literacy program methodology. Individual’s using our training methods are not members of our organization, but have merely decided to use our teaching methods. Please do not offer them any direct or indirect compensation for any services they provide you or others – this is their service project that they are doing without remuneration. If you feel that you must take some action for the service you receive, please thank the service coordinator or manager at your independent living facility. They were the ones that made this program possible. Also, please do not invite volunteers into your apartment or home since our program requires them to work only in public areas. If you have any questions about the volunteers that are helping you, please promptly discuss them with the volunteer and/or the management at your independent living facility. Please address legal or related questions to [email protected].