eXtension Terms of Use

January 30, 2007|Print

Contents

Please Read Terms of Use Before Using This Site

Welcome to eXtension, a website operated under the auspices of the eXtension Foundation. The eXtension Foundation's online properties comprise of, but are not limited to, all pages found under www.eXtension.org and are referred to as the Site. By using this Site, the user signifies his or her acceptance of these Terms of Use. If the user does not accept all of the Terms of Use, please do not use this Site.

Except for Land Grant Institutions in good standing with eXtension, eXtension Foundation reserves the right, in its discretion, to change or modify all or any part of these Terms of Use at any time, effective immediately upon notices published on the Site. Continued use of this Site constitutes binding acceptance of these Terms of Use, including any changes or modification made by eXtension Foundation as permitted above. Please be sure to review these Terms of Use periodically to ensure familiarity with the most current version. If at any time the Terms of Use are no longer acceptable to the user, the user should immediately cease all use of the Site. Continued use of this Site and materials is acceptance of those changes.

For Land Grant Institutions in good standing with eXtension, eXtension Foundation reserves the right to change or modify all or any part of this Terms of Use. Notice of such change or modification will be sent via e-mail to the Land Grant Institution sixty (60) days in advance of the effective date. The Land Grant Institution shall have the responsibility to notify and update eXtension of the current e-mail address of the designee to receive such e-mail notice of change or modification. eXtension will accept comments on the proposed change or modification for the first thirty (30) days following said notice. Objections to the change or modification shall be submitted prior to the expiration of the sixty (60) days notice. Such comments or objections shall be sent to the eXtension Copyright Agent as set forth below. Continued use of this Site constitutes the Land Grant Institution’s binding acceptance of these Terms of Use, including any changes or modification made by eXtension Foundation as permitted above. Please be sure to review this Terms of Use periodically to ensure familiarity with the most current version. If at any time the Terms of Use are no longer acceptable, the Land Grant Institution should immediately cease all use of the Site. Continued use of this Site and materials is acceptance of those changes.

Site and Tools are for Informational Use Only

The Site and its Content (hereinafter "Content") such as text, graphics, images, illustrations, video clips, and other material contained on the Site are for informational purposes only. The Content is not intended to be a substitute for professional advice. The user should not rely on any information on these pages to replace consultations with qualified professionals to meet the user’s individual needs.

eXtension Foundation does not recommend or endorse any specific tests, professional, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by eXtension Foundation, employees or suppliers, third parties or others appearing on the Site at the invitation of eXtension, or other visitors to the Site, is solely at the user’s own risk.

Use of Content

Limited Personal Use

The user acknowledges that the Site contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark, or other proprietary rights of eXtension Foundation or third parties. Title to the Content remains with eXtension Foundation or its licensors. All Content on the Site is copyrighted as a collective work of eXtension Foundation pursuant to applicable copyright law. The user agrees to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Users must use the Content only for their personal, noncommercial use.

The user may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended ("Copyright Act") and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that the user maintains all copyright and other notices contained in such Content; and provided further that the user shall not store electronically any significant portion of any Content.

Except as expressly permitted under the Copyright Act, the user may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer, or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. The user also agrees not to circumvent, disable or otherwise interfere with any security-related features of the Site or the Content, including features that prevent or restrict use or copying or that enforces limitations on use.

Creative Commons Access

eXtension Foundation has made available certain Content on the site under the terms of the Creative Commons license. Content licensed under Creative Commons is identified by the Creative Commons icon:

For specific rights and information, visit http://creativecommons.org/licenses/by-nc-sa/2.5/.

The user is free to copy, distribute, display, perform the work, and to make derivative works as long as he or she attributes the work in the manner specified by the author or licensor. The user must use this material consistent with its context and accurately reflect its context. The user may use this work for non-commercial purposes only. For reuse or distribution, the user must make clear to others the license terms of this work. Any of these conditions can be waived if the user obtains permission from the copyright holder.

Expanded Use

Expanded use of the Site and its Content may be granted by contacting eXtension’s Copyright Agent (listed below) and receiving approval by the eXtension Foundation Board of Directors or its designee.

Inaccuracy Disclaimer

The material on this site could include technical inaccuracies, typographical errors, or omissions. eXtension Foundation reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

Liability of eXtension Foundation and it's Licensors

The use of the Site and the Content herein is at the user’s own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of eXtension Foundation and its suppliers. Accordingly, eXtension Foundation assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

THE EXTENSION FOUNDATION SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS. EXTENSION FOUNDATION, ITS LICENSORS, ITS SUBCONTRACTORS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT WILL EXTENSION FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, ITS LICENSORS, ITS SUBCONTRACTORS AND ITS SUPPLIERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. WITHOUT LIMITING THE FOREGOING, EXTENSION FOUNDATION, ITS LICENSORS, ITS SUBCONTRACTORS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

  1. The accuracy, reliability, completeness, state of the art or science, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
  2. The satisfaction of any government regulations requiring disclosure of information or compliance of any software tools with regard to the Content contained on the Site.

In no event shall eXtension Foundation, its licensors, its subcontractors, its suppliers, or any third parties mentioned on the eXtension Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not eXtension Foundation, its licensors, its subcontractors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. eXtension Foundation, its licensors, its subcontractors, its suppliers, or any third parties mentioned on the Site shall be liable only to the amount paid by the user, if any, for accessing this site. eXtension Foundation, its licensors, its subcontractors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by the use or misuse of the Site, Content, or public areas. Any claims arising in connection with use of the Site, any Content, or the public areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Certain State Laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to the user, some or all of the above disclaimers, exclusions, or limitations may not apply and the user might have additional rights.

Children's Privacy

eXtension Foundation is committed to protecting the privacy of children. eXtension is dedicated to safeguarding any personal information collected online and to helping parents and children have positive experiences on the Internet. Consistent with the Children's Online Privacy Protection Act of 1998, eXtension will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent.

Parents can revoke their consent and ask that information about their children be deleted from the site by contacting eXtension offices via email. To do this or to review personal information collected from children, eXtension must verify the identity of the requesting parent. When a parent revokes consent, eXtension will stop collecting, using, or disclosing information from the child. To respect the privacy of parents, information collected and used for the sole purpose of obtaining verifiable parental consent or providing notice is not maintained in a retrievable form by the site if parental consent is not obtained after a reasonable time.

eXtension Foundation believes it is good policy not to collect more personally identifiable information from children under 13 than is necessary for them to participate in eXtension’s online activities. In addition, be aware that all sites that are targeted to children under 13 are prohibited by law from collecting more information than they need.

Public Areas

If the user uses a Public Area, such as a chat room, bulletin board, or community "Ask Our Expert" posting or other community, the user is solely responsible for his or her own communications, the consequences of posting those communications and reliance on any communications found in the Public Areas. eXtension Foundation and its licensors, its subcontractors and suppliers are not responsible for the consequences of any communications in the Public Areas. In cases where the user feels threatened or believes someone is in danger, the user should contact local law enforcement agency immediately.

In consideration of being allowed to use the Public Areas, the user agrees that the following actions shall constitute a material breach of these Terms of Use:

  1. Using a Public Area for any purpose in violation of local, state, national or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, slanderous, obscene, defamatory, threatening, harassing, or abusive to any other person or entity as subjectively determined by eXtension Foundation ;
  4. Posting advertisements or solicitations of business;
  5. Disrupting the normal flow of dialogue or posting comments that are not related to the topic being discussed after receiving a warning to discontinue;
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Collecting information about others, including email addresses, without their consent;
  10. Allowing any other person or entity to use the user’s identification for posting or viewing comments;
  11. Posting the same note more than once or "spamming;" or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of eXtension Foundation, exposes, eXtension Foundation or any of its customers or suppliers to any liability or detriment of any type.

eXtension Foundation reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms;
  2. Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use;
  4. Terminate a user's access to any or all Public Areas and/or the eXtension Site upon any breach of these Terms of Use;
  5. Monitor, edit, or disclose any communication in the Public Areas; and
  6. Edit or delete any communication posted on the Site, regardless of whether such communication violates these standards.

eXtension Foundation or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

User Submissions

The personal information submitted to eXtension Foundation is governed by the eXtension Privacy Policy. To the extent where there is an inconsistency between the Terms of Use and the eXtension Privacy Policy, the Terms of Use shall govern.

The user agrees that he or she will not upload or transmit any communications or Content of any type to the public areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or Content to the public areas, the user agrees that such submission is non-confidential for all purposes.

If the user makes any such submission, the user agrees that he or she will not send or transmit to eXtension by email - including through the email addresses listed on the "Contact Us" link - any communication or Content that infringes or violates any rights of any party. If the user submits any business information, idea, concept, or invention to eXtension Foundation by email, the user agrees each submission is non-confidential for all purposes.

If the user makes any submission to a public area or if the user submits any business information, idea, concept or invention to eXtension by email, the user automatically grants -- or warrants that the owner of such Content or intellectual property has expressly granted -- eXtension Foundation a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form, format, or forum now known or hereafter developed. eXtension Foundation may sublicense its rights through multiple tiers of sublicenses.

Passwords

eXtension Foundation has several tools that allow the user to record and store information. The user is responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to his or her passwords or accounts. It is the user’s sole responsibility to (1) control the dissemination and use of usernames and passwords; (2) authorize, monitor, and control access to and use of the account and password; and (3) promptly inform eXtension Foundation of any need to deactivate a password. The user grants eXtension Foundation and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use the user’s information in connection with the operation of the Site.

Subscription Services

If the user chooses to subscribe to one of eXtension Foundation's subscription services, the following additional terms and conditions will apply depending on which service is chosen. The user should be aware that the eXtension Foundation subscription services are not intended or designed to attract children under the age of 18.

Information the User Submits: The user is using the subscription services at his or her own risk and is personally responsible for verifying its suitability for the user’s needs.
Charges and Billing: The user is responsible for providing a valid credit card number at the time of registration for a subscription service. The user represents and warrants that he or she is an authorized user of such credit card, and the user agrees to pay all charges resulting from the subscription service account at the prices then in effect, including any unauthorized charges incurred prior to notifying eXtension Foundation of such charges. The user agrees that eXtension Foundation may pass the credit card information and related personally identifiable information to its designated service provider(s) for their user in charging the user for appropriate services utilized through the subscription service. All subscription service charges are exclusive of sales or other taxes and the user is responsible for payment of any applicable state, local, and city taxes. eXtension Foundation reserves the right to modify or terminate membership plans, change prices, or institute new charges for any subscription service at any time with at least thirty (30) days' notice.

Searches, Advertisements, and Links to Other Sites

eXtension Foundation may provide links to third-party websites. eXtension Foundation also may select certain sites as priority responses to search terms the user enters and eXtension Foundation may agree to allow advertisers to respond to certain search terms with advertisements or sponsored Content. eXtension Foundation does not recommend and does not endorse the Content on any third-party sites. eXtension Foundation is not responsible for the Content of linked third-party sites, sites framed within the eXtension Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their Content or accuracy. Use of third-party sites is at the user’s own risk and subject to the term and conditions of use for such sites. eXtension Foundation does not endorse any product advertised on the Site.

Indemnity

For all users except Land Grant Institutions in good standing with eXtension, the user agrees to defend, indemnify, and hold eXtension Foundation, its officers, directors, employees, agents, licensors, subcontractors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the user’s violation of these Terms of Use or from the use of the Site.

For Land Grant Institutions in good standing with eXtension, each party hereby assumes any and all risks of personal injury and property damage attributable to the negligent acts and omissions of that party and the officers, employees, and agents thereof. Neither party shall be responsible for the personal injury and property damage attributable to the negligent acts and omissions of the other party and the officers, employees, and agents thereof. To the extent permitted by state law and not inconsistent with the doctrine of sovereign immunity, the user agrees to accept responsibility for its negligent acts and omissions and damages proximately caused thereby.

Equal Employement Opportunity (EEO) Statement

Educational programs of the eXtension Foundation serve all people regardless of race, color, age, sex, religion, disability, national origin, or sexual orientation. eXtension Foundation is a partnership of the nation's land-grant colleges and universities, the United States Department of Agriculture Cooperative Research Education and eXtension Services (CSREES), and the National Association of State Universities and Land-Grant Colleges (NASULGC).

General

eXtension Foundation is a Missouri nonprofit corporation, in the United States of America with headquarters in Lincoln, Nebraska. eXtension Foundation makes no claims that Site or its Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If the user accesses the Site from outside the United States or export Content or information obtained from the Site from the United States, the user does so at his or her own risk and is responsible for compliance with the laws of the user’s jurisdiction.

The following provisions survive the expiration or termination of this agreed Terms of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

Except for Land Grant Institutions in good standing with eXtension, the user expressly agrees that exclusive jurisdiction for any dispute with eXtension Foundation, or in any way relating to use of the Site, resides in the courts of the State of Missouri and further agrees and expressly consents to the exercise of personal jurisdiction in the courts of the State of Missouri in connection with any such dispute, including any claim involving eXtension Foundation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Content providers. These Terms of Use are governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles.

For all parties, if any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Take Down Procedures

If the user believes any materials accessible on or from the Site infringes his or her copyright, the user may request removal of those materials (or access thereto) from this website by contacting eXtension's Copyright Agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that the user believes to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) or an authorized version of the work.
  2. Identification of the material that the user believes to be infringing and its location. Please describe the material and provide the URL or any other pertinent information that will allow eXtension to locate the material.
  3. The user’s name, address, telephone number, and email address.
  4. A statement that the user has a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that the user has supplied is accurate, and indicated that "under penalty of perjury," the user is the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.


Copyright Agent

eXtension Foundation's agent for copyright issues relating to this Site is as follows:

eXtension Foundation
Attn: Copyright Agent
6 Ag Communications Bldg.
University of Nebraska-Lincoln
P.O. Box 830918
Lincoln, NE 68583-0918
copyright@eXtension.org

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Site, these Terms of Use and the Privacy Policy and Agreement constitute the entire agreement between the user and eXtension Foundation with respect to the use of the Site and Content. eXtension Foundation hopes the Site is helpful and convenient to use. Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using the Contact Use links or via U.S. mail to eXtension at 6 Ag Communications Bldg., University of Nebraska-Lincoln, P.O. Box 830918, Lincoln, NE 68583-0918. Although unable to always do so, eXtension tries to answer every email in a timely manner.

Connect with us

  • Twitter
  • Facebook
  • YouTube
  • Pinterest
  • Google+
LOCATE

Resources