Last Updated March 20, 2017
Welcome and thank you for your interest in The Social Institute (“The Social Institute”), which operates the web site located at TheSocialInstitute.com and related online services (the “Website”). Please note that while this Website is owned and operated by The Social Institute, the services provided on this Website may be performed by entities affiliated with or under contract to The Social Institute. The Social Institute and any and all such affiliated or contracted entities are collectively referred to herein as “We,” “Us” or “Our”. Visitors and registered users of the Website are referred to individually as “User” and collectively as “Users”.
1. MATERIALS ON THE WEBSITE AND RELATED RIGHTS AND RESTRICTIONS
1.2 Content Changes. Although The Social Institute strives to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although The Social Institute endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Further, the Materials should not be construed as professional advice on any subject matter, and availability or use of the Materials is not intended to create, and does not create, any professional services relationship.
Please note that portions of the Materials may have been contributed to the Website by various individuals. The inclusion of such information does not indicate any approval or endorsement of the views expressed therein. Information provided by individuals, whether publicly posted or privately transmitted, is the sole responsibility of the person providing such information. Please understand that THE SOCIAL INSTITUTE expressly disclaims any liability with respect to such materials.
1.3 Trademarked Materials. The trademarks, logos and service marks displayed on the Website (collectively the “Trademarks”) are the registered and unregistered trademarks of The Social Institute, The Social Institute’s licensors and suppliers, and others. The Trademarks owned by The Social Institute, whether registered or unregistered, may not be used in connection with any product or service that is not The Social Institute, in any manner that is likely to cause confusion with The Social Institute or in any manner that disparages The Social Institute. Nothing contained on the Website should be construed as granting, by implication, any license or right to use any Trademark without the express written permission of The Social Institute, The Social Institute licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and THE SOCIAL INSTITUTE will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
2. SUBMISSION OF MATERIALS
2.2 Forum Participation. Our Forums are designed to facilitate the exchange of information between users. Information on our Forums is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with The Social Institute. In the unfortunate and rare event that there is a poster or user on The Social Institute website who posts messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, you acknowledge that The Social Institute neither endorses nor is responsible for the posting of third parties. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other content made or displayed on the Website or Forums by third parties, whether such third parties are visitors to the Website, members of The Social Institute community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of The Social Institute. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by Your reliance on such information obtained through the Website.
2.3 Forum Monitoring. We have no obligation to monitor the Website or the Forums, or any Submissions or other materials that You or other third parties transmit or post on the Website or the Forums. You acknowledge and agree that we and our affiliates have the right (but not the obligation) to monitor the Website and the Forums and the materials You transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
3. PRIVACY NOTICE
Your privacy is important to The Social Institute. Please read The Social Institute Privacy Notice carefully for information relating to The Social Institute’s collection, use, and disclosure of Your personal information.
4. USE OF MATERIALS
4.2 Crediting The Social Institute. Unless otherwise noted on our website, You may download or print certain materials from TheSocialInstitute.com for Your personal use only but not for distribution. If granted the rights to post or otherwise distribute any Licensed Educational Content or any derivative works thereof, You must include the following notice prominently along with such Licensed Educational Content or derivative work thereof: “© 2017 The Social Institute. All rights reserved. Got more tops and tools at TheSocialInstitute.com.”
5. CONTENT ACCESSIBLE THROUGH LINKS FROM THE WEBSITE.
The Website contains links to other World Wide Web websites and resources. Because The Social Institute has no control over such websites and resources, You acknowledge and agree that The Social Institute is not responsible for the availability of such external websites or resources, does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that The Social Institute shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. We strongly encourage You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
6. ELIGIBILITY; ACCOUNTS
THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY THE SOCIAL INSTITUTE OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by The Social Institute; (b) that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website; and (c) that Your registration and Your use of the Website is in compliance with any and all applicable laws and regulations.
6.1 Account Information. When and if You register with the Website, You agree to (a) provide accurate, current and complete information about Yourself as prompted by our registration form (including Your email address) and (b) maintain and update Your information (including Your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by You is untrue, inaccurate, not current or incomplete, we reserve the right to terminate Your access to and use of the Website.
6.2. Account Username and Password. As part of the registration process, You will be asked to select a username and password. We may refuse to grant You a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of Your username and password and agree not to transfer or resell Your use of or access to the Website to any third party. If You have reason to believe that Your account with us is no longer secure, You must promptly change Your password. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
7. PAYMENT PROCESSOR TERMS (STRIPE)
Payment processing services for Users on The Social Institute are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a User on TheSocialInstitute.com, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of The Social Institute enabling payment processing services through Stripe, You agree to provide The Social Institute accurate and complete information about You, and You authorize The Social Institute to share it and transaction information related to Your use of the payment processing services provided by Stripe.
8. CODE OF CONDUCT
While using the Website and/or Materials, You agree to comply with all applicable laws, rules and regulations, and that You will not:
- Use the Website or Materials for any unlawful or improper purpose;
- Use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of any content;
- Express or imply that any statements You make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or infringes our or any third party’s intellectual property, privacy, publicity or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Use any Trademark, graphics, logos, page headers, button icons, scripts or services names of THE SOCIAL INSTITUTE ;
- Remove any copyright, trademark or other proprietary rights notices contained in the Website or any Materials;
- “Frame” or “mirror” any part of the Website without our prior written authorization;
- Collect or store personal data about other users;
- Harass other users;
- Restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; or
- Use any robot, spider, website search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
If You find any Materials on the Website, which You believe violate or are inconsistent with this Code of Conduct, please contact The Social Institute at firstname.lastname@example.org.
9. MAKING PURCHASES
10. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that any of the Materials hosted on the Website infringe Your copyright, You (or Your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow The Social Institute to locate the material on the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send The Social Institute a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyrightfor details. Notices and counter-notices with respect to the Website should be sent to Copyrights c/o The Social Institute, P.O. Box 3755, Chapel Hill, NC 27515. We suggest that You consult Your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that The Social Institute may terminate any user who it reasonably believes to be a repeat copyright infringer.
THE WEBSITE, THE MATERIALS ON THE WEBSITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NEITHER THE SOCIAL INSTITUTE NOR ANY OF ITS AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS, SPONSORS OR AGENTS MAKES ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR ANY OF THE MATERIALS, NOR DO THEY WARRANT THAT YOUR USE OF THE WEBSITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR WEBSITE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
12. LIMITATION OF LIABILITY
NEITHER THE SOCIAL INSTITUTE NOR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF THE SOCIAL INSTITUTE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, MATERIALS OR LINKED WEBSITE, AS APPLICABLE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
15. ACCESS BY MINORS
16.1 Notice. The Social Institute may provide You with notices, including those regarding changes to the Terms, by email, regular mail, postings on the website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless The Social Institute is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the website is deemed given 30 days following the initial posting.
16.2 Waiver. The failure of The Social Institute to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by The Social Institute.
16.3 Dispute Resolution and Arbitration.
(a) Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law.
(b) Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or The Social Institute will be filed only in the state or federal courts in and for Orange County, North Carolina, and each of You and The Social Institute hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, The Social Institute shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
16.4 Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
16.5 Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without The Social Institute’s prior written consent, but may be assigned by The Social Institute without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
16.6 Survival. These Terms shall survive regardless of your use of The Social Institute website.
16.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
16.8 Entire Agreement. The Terms, the Privacy Notice and Guidelines constitute the entire agreement between You and The Social Institute relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Notice or Guidelines made by The Social Institute as set forth in Section 4 above.
The Social Institute
P.O. Box 3755
Chapel Hill, NC 27515