Acceptance of Terms
Description of Service
Through our site, MEA strives to provide members and/or users with access to educational and related resources. We reserve the right to modify, suspend, or discontinue our site, or any part of them, at any time, for any reason without prior notice to you. You agree that we shall not be liable for any such modification, suspension, or discontinuance.
If you choose to become a registered user of our sites, you agree to provide us with true, accurate, and current registration information and to update your registration information to keep it that way.
Please keep your user ID and password confidential. You agree to accept sole responsibility for all activities that occur using your password.
As a condition of using our site, you agree not to use our site, among other things, to:
- impersonate any person or entity, including but not limited to, an official of MEA or its affiliates or related companies, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any text, software, music, sound, photographs, stories, graphics, videos, magazines, or other materials (hereinafter referred to as “Content”) transmitted through our site;
- harm minors in any way;
- harass, threaten, embarrass or cause distress, unwanted attention, or discomfort to a person or entity;
- transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, as solely determined by MEA;
- transmit or otherwise make available any Content that infringes any patent, trademark, trade dress, trade secret, copyright, or other proprietary rights of any party;
- transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail or other solicitation;
- transmit or otherwise make available any Content containing any “virus,” “worm,” “trojan horse,” or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt our site or servers or networks connected to our site, or disobey any requirements or policies of networks connected to our site;
- violate the privacy rights or rights of publicity of any person or collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission; or cooperate in or facilitate identity theft; or
- intentionally or unintentionally violate any applicable local, state, national or international law.
You further agree that this list is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether certain conduct violates this User Conduct Section.
By submitting Content to us for inclusion on our site, an electronic mailing list, blog, forum, message board, live chat or otherwise, you represent and warrant that:
- you own all the legal or permission rights in and to the Content that you submit;
- our publication of the Content will not infringe any patent, trademark, trade secret, copyright, privacy right, or right of publicity or other proprietary right of any party; and
- you have complied with the TOU.
You also grant MEA, our affiliates, MEA Financial Services, and MESSA:
- a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any medium; and
- the right to use the name and contact information that you submit in connection with such Content, if we so choose. You agree that you will not be compensated for any Content you submit to our site unless expressly contracted in writing to do so.
You agree to indemnify and hold harmless MEA, our affiliates, MEA Financial Services, and MESSA, and each entity’s respective officers, directors, employees, agents, and partners from and against any claim or demand, including attorneys’ fees, made by any third party in connection with:
- any Content that you transmit or otherwise make available via our site;
- your use of our site;
- your connection to our site; or
- your violation of the TOU.
You agree that MEA may, in its sole discretion, terminate your use of our site for any reason, including but not limited to, a violation of the TOU, without prior notice to you. You also agree that MEA shall not be liable for any termination of access to our site.
Third-Party Content and Services
Because we provide a variety of resources on our site, it is necessary for us to use third parties to contribute Content and offer services. Any Content or services made available by third parties on our site are those of the respective authors and not of MEA. MEA neither endorses nor is responsible for the accuracy, reliability, or correctness of such Content or services.
The terms in the TOU do not apply to any third party sites that are linked to our site (“linked sites”). These linked sites will have their own policies and practices that may be different from ours. You understand and agree that MEA is not responsible for the operation of any linked site, and does not endorse nor is responsible for any Content, services, or advertising on linked sites. You agree that MEA shall not be held liable for any loss or damage incurred as a result of such Content, services, or advertising.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
- YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS-IS” OR “AS-AVAILABLE” BASIS. MEA EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
- MEA MAKES NO WARRANTY THAT:
THE CONTENT AVAILABLE VIA OUR SITE IS ACCURATE, RELIABLE, OR CORRECT;
OUR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR THE MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS;
THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND
CONTENT AVAILABLE VIA OUR SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CERTAIN EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT MEA, OUR AFFILIATES, MEA FIANCIAL SERVICES, MESSA, AND EACH ENTITY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO USE, OUR SITE. THIS LIMITATION APPLIES WHETHER MEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, CERTAIN LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Unless otherwise indicated, the Content displayed on our site (other than your submitted Content) is the property of MEA, our affiliates, MEA Financial Services, MESSA, third-party providers, or their respective licensors and is protected by copyright, trademark and other laws. Any such Content may be displayed solely for your personal, non-commercial use. You agree not to reproduce, modify, publish, translate, create derivative works from, distribute, display, retransmit, or sell such Content (other than your submitted Content) without the prior written permission of the respective owner. MEA.org and the MEA logo are service marks of MEA. You may not display or use such service marks in any manner without prior written permission from MEA.
We respect the intellectual property rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). You can learn more about the MEA’s DMCA policies and practices here:
Choice of Law
You agree that the laws of the State of Michigan shall govern the TOU and any disputes relating to our site.
The TOU constitutes the entire agreement between you and MEA governing your use of our site and supersedes any prior agreements, if any, between you and MEA relating to any matter dealt with in the TOU. You may also be subject to additional terms that apply when you deal with advertisers or use links or third-party Content or services.
The MEA may amend these TOU from time to time by posting an amended version on our site and sending you written notice thereof. Your continued use of our site following the posting of any changes to the TOU constitutes your acceptance of the new terms.
If you have any questions or comments regarding the TOU, please contact us at:
Michigan Education Association
1216 Kendale Blvd.
East Lansing, MI 48823
Toll-free: 1-800-292-1934 (U.S. Only)