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Terms of Service

Terms of Service

About Us:

AFTeLearning.org is a place where AFT members can access professional development content designed by educational experts to help them learn new techniques, skills and tips to help them create classroom environment that foster success for all their students. This site creates a space where educators can talk to their colleagues from around the country and access support and information.

AFTeLearning.org is owned by the American Federation of Teachers, AFL-CIO.

Terms of Service:

The following Terms of Service govern all use of the AFTeLearning.org website and all content, services, and products available at or through the website (hereinafter, Services). Our Services are offered subject to your acceptance without modification of all of the Terms of Service contained herein and all other operating rules, policies (including, without limitation, AFTeLearning.org’s Privacy Policy) and procedures that we may publish from time to time. You agree that we may automatically upgrade our Services, and these Terms of Service will apply to any upgrades. This website is intended for use by residents of the United States of America and your agreement is with the American Federation of Teachers, AFL-CIO (hereinafter, AFT), the owner of AFTeLearning.org

Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by these Terms of Service. If you do not agree to all the terms set forth herein, then you may not access or use any of our Services. If these terms and conditions are considered an offer by AFT, acceptance is expressly limited to these Terms of Service.

Our Services are not directed to individuals who are not members of AFT, and access and use of our Services is only offered to users who are members of the AFT. If you are not a member of AFT, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are a member of AFT. Use of our Services requires a AFTeLearning.org  (hereinafter, Elearning) account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1.              Your AFTeLearning.org Account

If you create an AFTeLearning.org account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify AFT of any unauthorized uses of your account, or any other breaches of security. AFT will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2.              Responsibility of Visitors.

AFT has not reviewed, and cannot review, all of the resources and material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, AFT does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AFT disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3.              Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the resources or websites to which AFTeLearning.org links, and that link to AFTeLearning.org. AFT does not have any control over those non-AFTeLearning.org websites, and is not responsible for their contents or their use. By linking to a non-AFTeLearning.org website, AFT does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AFT disclaims any responsibility for any harm resulting from your use of non-AFTeLearning.org websites and webpages.

4.              Copyright Infringement and DMCA

If you are a copyright owner or an agent thereof and believe that any content on AFTeLearning.org infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further details):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Written notification of claimed infringement must be submitted to the following Designated Agent:

The Compliance Officer – Elearning
Elearning Copyright Agent
American Federation of Teachers, AFL-CIO
555 New Jersey, Ave. N.W., Washington, DC 20001
Facsimile Number of Designated Agent: + 202-393-6385
Email Address of Designated Agent: [email protected]

For clarity, only DMCA notices should be sent to the Designated Agent. You acknowledge and agree that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

If you believe that your content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Elearning for use on the Service, you may send a counter-notice containing the following information to our Designated Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
  • Your name, address, telephone number, and, if applicable, email address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
  • If a counter-notice is received by our Designated Agent, Elearning may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SMLs’ sole discretion.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

5.              Intellectual Property Belonging to AFT, its Affiliates, Related Entities, and Content Partners.

These Terms of Service do not transfer from AFT to you any AFT or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with AFT. American Federation of Teachers, AFT, AFTeLearning.org, the AFT shield logo, and all other trademarks, service marks, graphics and logos used in connection with AFTeLearning.org or our Services, are trademarks, registered trademarks, or registered service marks of AFT or AFT’s affiliates and related entities. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any AFT or third-party trademarks or service marks.

6.              Promotions

From time to time, AFT or its affiliates, suppliers, and advertisers may conduct promotions on, through or in connection with AFTeLearning.org, including, without limitation, contests and sweepstakes (hereinafter, Promotions). Each Promotion may have Additional Terms and/or Official Rules which shall be posted or otherwise made available to you and, for purposes of each Promotion, shall be deemed incorporated into and form a part of these Terms of Service.

7.              Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on AFTeLearning.org, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms.

8.              Termination.

AFT may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your responsibilities under these Terms of Service or your AFTeLearning.org account (if you have one), you may simply discontinue using our Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.              Disclaimer of Warranties.

Our Services are provided “as is.” AFT and its affiliates and related entities hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AFT nor its affiliates and related entities, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

10.           Limitation of Liability.

In no event will AFT, its affiliates, and related entities, be liable with respect to any subject matter of these Terms of Service under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement

for substitute products or services; or (iii) for interruption of use or loss or corruption of data. AFT shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing

shall not apply to the extent prohibited by applicable law.

11.           General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Elearning Privacy Policy, with these Terms of Service, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

12.           Indemnification.

You agree to indemnify and hold harmless AFT, its affiliates, related entities, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of these Terms of Service.

13.           Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

14.           Miscellaneous.

These Terms of Service constitute the entire agreement between AFT and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AFT, or by the posting by AFT of a revised version. Except to the extent applicable law, if any, provides otherwise any access to or use of our Services will be governed by the laws of the District of Columbia in the United States of America, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the District of Columbia. The prevailing party in any action or proceeding to enforce these Terms of Service shall be entitled to costs and attorneys’ fees. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by them; AFT may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

Updated 7/14/18