Terms of Use

By using and accessing this website, www.nelaga.org (collectively referred to as the “Site” or “NELA Georgia” in these Terms of Use), you (“you”, “user” or, “end user”) agree to these Terms of Use (collectively, the “Terms of Use” or “Agreement”).

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.

AGREEMENT BETWEEN YOU AND NELA GEORGIA

NELA Georgia(“NELAGeorgia.org”) website is made up of various web pages operated by NELA Georgia, c/o our current address which can be found on our website at NELAGeorgia.org. The terms, use, and conditions associated with the NELA Georgia website do not apply to the content of third parties.

The NELA Georgia website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NELA Georgia website constitutes your agreement to all such terms, conditions, and notices. Your use of a particular NELA Georgia website may also be subject to additional terms outlined elsewhere in this agreement (the “Additional Terms”) as they arise from time to time.

MODIFICATION TO THESE TERMS OF USE

NELA Georgia reserves the right to change the terms, conditions, and notices under which the NELA Georgia sites/services are offered, including but not limited to any charges associated with the use of the NELA Georgia sites/services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on this Website. Your continued use of the NELA Georgia sites/services constitutes your agreement to all such terms, conditions, and notices.

LIMITATION ON PERSONAL AND NON-COMMERCIAL USE

Unless otherwise specified, the NELA Georgia sites/services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the NELA Georgia sites/services. Without the advance express written permission of NELA Georgia, you may not “meta-search” the NELA Georgia sites/services, send, or cause to be sent, any automated queries of any sort to the NELA Georgia sites/services, or use the NELA Georgia sites/services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any NELA Georgia sites/services to determine how a website “ranks” on any NELA Georgia sites/services.

WEBSITE ACCESSIBILITY

NELA Georgia is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

Conformance Status

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. The NELA Georgia website is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.

Additional Accessibility Considerations

Although our goal is WCAG 2.1 Level AA conformance, we have also applied some Level AAA Success Criteria: Images of text are only used for decorative purposes. Re-authentication, after a session expires, does not cause loss of data. Some videos may have sign language interpretation.

Feedback

We welcome your feedback on the accessibility of the NELA Georgia website. Please let us know if you encounter accessibility barriers on the website by contacting our website administrator.

Technical Specifications

Accessibility of the NELA Georgia website relies on the following technologies to work with the particular combination of web browser and any assistive technologies or plugins installed on your computer: HTML, WAI-ARIA, CSS, JavaScript

These technologies are relied upon for conformance with the accessibility standards used.

Limitations and Alternatives

Despite our best efforts to ensure accessibility of the NELA Georgia website, there may be some limitations. Below is a description of known limitations, and potential solutions. Please contact us if you observe an issue not listed below.

Known limitations for the NELA Georgia website:

Comments from users: uploaded images may not have text alternatives because we cannot ensure the quality of contributions. We monitor user comments and typically repair issues within 14 business days. Please contact our website administrator if you encounter an issue.
Archived documents: might not work with current assistive technologies because they use outdated technologies that do not support accessibility. We convert documents to new formats upon request within 7 business days. Please contact our website administrator for support.

Formal approval of this accessibility statement is approved by NELA Georgia.

Formal Complaints

We aim to respond to accessibility feedback within 7 business days, and to propose a solution within 14 business days. You are entitled to escalate a complaint to the national authority, should you be dissatisfied with our response to you.

THIRD PARTY LINKS

The NELA Georgia sites/services may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of NELA Georgia and NELA Georgia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NELA Georgia is not responsible for webcasting or any other form of transmission received from any Linked Site nor is NELA Georgia responsible if the Linked Site is not working appropriately. NELA Georgia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NELA Georgia of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the NELA Georgia sites/services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. NELA Georgia shall not be responsible or liable for any part of any such dealings or promotions.

UNLAWFUL AND PROHIBITED USE

As a condition of your use of the NELA Georgia sites/services, you will not use the NELA Georgia sites/services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NELA Georgia sites/services in any manner that could damage, disable, overburden, or impair any NELA Georgia site/service(s) (or the network(s) connected to any NELA Georgia site/service(s)) or interfere with any other party’s use and enjoyment of any NELA Georgia site/service(s). You may not attempt to gain unauthorized access to any NELA Georgia sites/service, other accounts, computer systems or networks connected to any NELA Georgia site/service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the NELA Georgia sites/services.

USE OF SERVICES

The NELA Georgia sites/services may contain email services, listservs, member directories, calendars, brief banks, and/or other message or communication services designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and comply with our listserv use policy, when applicable. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Use any material or information, including images or photographs, which is made available through the NELA Georgia sites/services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a NELA Georgia site/service(s) or other user or usage information or any portion thereof.

MATERIALS PROVIDED TO NELA GEORGIA OR POSTED AT NELAGA.ORG

NELA Georgia does not claim ownership of the materials you provide to NELA Georgia or post, upload, input or submit to any NELA Georgia site/service or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting NELA Georgia permission to use your Submission in connection with the operation of its Internet businesses (including, without limitation, all NELA Georgia sites/services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of an NELA Georgia site/service.

No compensation will be paid with respect to the use of your Submission, as provided herein. NELA Georgia is under no obligation to post or use any Submission you may provide and NELA Georgia may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMED

The information, software, products and services included in or available through the NELA Georgia sites/services may include inaccuracies or typographical errors. Changes are periodically made to the NELA Georgia sites/services and to the information therein. NELA Georgia and/or its respective suppliers may make improvements and/or changes in the NELA Georgia sites/services at any time. Advice received via the NELA Georgia sites/services should NOT BE RELIED UPON for personal, medical, LEGAL or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

NELA Georgia and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the NELA Georgia sites/services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. NELA Georgia and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

NELA Georgia makes no warranty that any NELA Georgia services will be uninterrupted, timely, secure or error-free.

You specifically agree that NELA Georgia shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an NELA Georgia site/service. You specifically agree that NELA Georgia is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that NELA Georgia is not responsible for any content sent using and/or included in an NELA Georgia site/service by any third party.

In no event shall NELA Georgia and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the NELA Georgia sites/services, with the delay or inability to use the NELA Georgia sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the NELA Georgia sites/services, or otherwise arising out of the use of the NELA Georgia sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if NELA Georgia or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the NELA Georgia sites/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the NELA Georgia sites/services.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that NELA Georgia may establish limits concerning use of any NELA Georgia Service offered on an NELA Georgia website, including without limitation the maximum number of days that email messages will be retained by any NELA Georgia Service, the maximum number of email messages that may be sent from or received by an account on any NELA Georgia Service, the maximum size of an email message that may be sent from or received by an account on any NELA Georgia Service, the maximum disk space that will be allotted on NELA Georgia’s servers on your behalf, and the maximum number of times and duration you may access any NELA Georgia Service in a given period of time.

You agree that NELA Georgia has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any NELA Georgia Service. You acknowledge that NELA Georgia reserves the right to log off accounts that are inactive for an extended period of time.

TERMINATION/ACCESS RESTRICTION

NELA Georgia reserves the right, in its sole discretion, to terminate your access to any or all NELA Georgia sites/services and the related services or any portion thereof at any time, without notice.

NELA Georgia may also terminate or suspend your access to NELA Georgia site/service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by NELA Georgia. The amount of time that NELA Georgia currently considers as an “extended” period of time depends on the particular service. Upon termination of the NELA Georgia site/service, your right to use the NELA Georgia site/service immediately ceases.

NELA Georgia shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

NELA Georgia will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay NELA Georgia liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay NELA Georgia’s actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

This agreement is governed by the laws of the State of Georgia, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Fulton, Georgia, U.S.A. in all disputes arising out of or relating to the use of the NELA Georgia sites/services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NELA Georgia as a result of this agreement or use of the NELA Georgia sites/services. You agree to indemnify and hold NELA Georgia, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the NELA Georgia sites/services. NELA Georgia’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NELA Georgia’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NELA Georgia sites/services or information provided to or gathered by NELA Georgia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NELA Georgia with respect to the NELA Georgia sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NELA Georgia with respect to the NELA Georgia sites/services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. All inquiries not relevant to the following procedure will receive no response.