Revised Listserv Policy: 2021

This policy sets forth the terms of use for the listservs and Google Groups which are provided via the Google Group Site ("Site") that manages e-mail discussion groups ("Discussion Group") of induvial members ("Site User") of the California Association of Independent Schools ("CAIS"). CAIS manages listserv Discussion Groups for members in the following generalized groups: admission, assistant heads, board chairs, business, communications, development, diversity, facilities, heads assistants, heads of school, technology and development. Upon completing the registration process and verification of eligibility, you will become an authorized user of the CAIS listserv. Please read the following terms of use ("terms of use") carefully. By accepting the terms of use in this policy, you agree to abide by the following terms and conditions:

1. Purpose
   The Site is provided as a service of CAIS. The purpose of the Site's Discussion Groups is to facilitate and simplify discussion and information exchange among Site Users. The Site is intended to be a confidential location where members can share their impressions, conclusions, opinions, research and theories and obtain input, comments, support, and constructive criticism from other qualified peers with like interests in the subject matter. CAIS accepts no responsibility for the opinions and information posted to Discussion Groups by others. CAIS disclaims all warranties with regard to information posted on this site, whether posted by CAIS or any third party; this disclaimer includes all implied warranties of merchantability and fitness. In no event shall CAIS be liable for any actual, special, indirect, consequential, or any other damages whatsoever arising out of or in connection with the use or performance of any information posted to these Groups.


2. Information
   In the course of using the Site, the Site User may be required to enter certain information, including without limitation contact information, or information concerning school affiliation (collectively, "Information"). This representation is made to the best of the Site User’s knowledge that all Information entered is correct, and the Site User agrees to promptly update such Information as necessary.


3. Discussion Group Etiquette
   All Discussion Group users are urged to adopt the following Discussion Group use practices:
   • Unless your identity is otherwise apparent from your posting, include a signature tag on all Posted Material. Include your name, affiliation, location, and e-mail address.
   • Assume that the world could see your Posted Material and identify it with you.
   • State clearly the specific topic of the Posted Material in the subject line. This allows users to respond more appropriately and allows for automatic message archiving.
   • Only send Posted Material to the entire Discussion Group when the Posted Material contains information relevant to all users. Send messages such as "thanks for the information" or "me, too" to individuals--not to the entire Discussion Group. Do this by replying to the message using the "Reply" button NOT the "Reply All" button. Likewise, do not send administrative messages such as "remove me from the list," to the list. Instead, please send an email to [email protected] Requests for changes in email addresses should also be sent to [email protected]
   • Restrict discussions to topics best suited to the medium.


4. Site User and Discussion Group Use Restrictions
   The following behaviors are specifically prohibited on any CAIS' Discussion Groups. CAIS may terminate or suspend participants who engage in any of the following behaviors:
   • Post on or transmit to the Site any false, defamatory, libelous, obscene, pornographic, profane, harassing, hateful, abusive, threatening, harmful (including without limitation viruses, corrupted files, mailbombs, spam, or any other similar software or programs) or unlawful materials (the author and participants of such comments may be held liable for any consequences);
   • Sell or license any information obtained from the Site, without the prior permission of CAIS;
   • Use the information contained in exchanges on the listserv to the detriment of another Site User or any other independent school;
   • Post any material that encourages or facilitates members to arrive at any agreement that either expressly or impliedly leads to price fixing among members of CAIS, a boycott of another CAIS member's school, or other conduct intended to, or that results in, illegal actions, including illegal restrictions of free trade.
   • Messages that encourage or facilitate an anti-competitive agreement (including but not limited to prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, markets; or selection, rejection, or termination of customers or suppliers).
   • Postings of commercial messages (including but not limited to actions constituting a violation of California Bus. and Prof. Code §17538.45). The cyberspace term for this activity is spamming or contacting Site Users directly regarding products or services.
   • Retransmit posted material from the Discussion Group for commercial gain or to the detriment of any other CAIS member or independent school.
   • Access, probe, tamper with or make unauthorized use of CAIS' computer systems or the technical delivery systems of CAIS' service providers.
   • Posting any information or other material (including, words, logos, or other marks) protected by copyright, trademark, service mark, certification mark, or other intellectual property rights of the owners of such copyrights or marks without the permission of such owners.
   • No longer meeting the eligibility requirements of CAIS membership.
   • Use the Site in any manner that violates any applicable laws or regulations.
   (This list is not exclusive.)


5. Hyperlinks are Not Endorsements
   A link posted by any member of a Discussion Group to a non-CAIS website does not mean that CAIS endorses or is responsible for the content, functioning or use of such website, and Site Users enter any such website at their own risk. It is the Site User's responsibility to take precautions to ensure that whatever websites or other online materials that are selected for use are free of viruses and other items of a destructive nature.


6. Monitoring
   Listserv and Google Group monitors may edit all posts for space, and any post may be rejected if deemed inappropriate. Discussion Group members should take care to ensure that only posts intended for distribution to the entire CAIS Discussion Group are transmitted. Users follow the advice or content obtained from the list at their own risk. CAIS does not actively monitor the Site for inappropriate postings and does not undertake editorial control of postings. However, in the event that any inappropriate posting is brought to CAIS' attention, CAIS will take prompt appropriate action.


7. Changes to or Termination of Site/Site User at Discretion of CAIS
   CAIS may terminate or restrict at any time, at its sole judgment, the Site or Site User's use of the Site. CAIS may change the Site, including these Terms of Use, at any time at its sole judgment and without notice. All Terms of Use changes are effective immediately. Site Users continued use of the Site following any Terms of Use changes will mean the Site User accepts those changes. A Site User may terminate their own use of a Discussion Group by notifying the Discussion Group Administrator, identified in the confirmation email received at signup to the Discussion Group, to remove themselves from the Discussion Group.


8. CAIS' and Site Users' License in Posted Material
   Do not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner to post the piece for use by other CAIS members. The posting party further warrants and represents that use of the material is not prohibited by law, contractual duty, fiduciary relationship, or otherwise illegal, and does not violate the copyright, trade secret, privacy, and/or any other rights of any third party.
   
   In addition, the posting party grants CAIS and users of this list the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such posted information or other material, to the full extent of the posting party's rights in and to the Posted Material ("Use Right").


9. CAIS' Representation and Warranty Disclaimer
   The site, including the discussion group and all posted material, is provided "as is" by CAIS as a convenience to all users, without representation or warranty of any kind to you or any third party, including, but not limited to, any express or implied warranties (i) of merchantability or fitness for a particular purpose; (ii) of informational content or accuracy; (iii) of non-infringement; (iv) of quiet enjoyment; (v) of title; (vi) that the site will operate error free, or in an uninterrupted fashion; (vii) that any defects or errors in the site will be corrected; or (viii) that the site is compatible with any particular hardware or software platform. Efforts by CAIS to modify the site shall not be deemed a waiver of these limitations.


10. Notices and Procedure for Making Claims of Copyright Infringement
    CAIS will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for CAIS in accordance with the DMCA: Jeanne Marcoux, Executive Assistant, CAIS.


11. Site Ownership
    The Site, including all content and any modifications thereto, is protected by copyright, trademark, and other applicable intellectual property law. The Site is the property of CAIS and/or third party licensors and all right, title, and interest in the Site shall remain with CAIS and/or such third party licensors. Nothing in these Terms of Use transfers any rights to any Site User or third party except as expressly set forth in these Terms of Use.


12. Indemnification
    The views expressed through the discussion group are those of the Site User expressing them, and do not necessarily reflect the views of CAIS. CAIS shall not be liable to you or any third party for any loss of profits, loss of use, interruption of business, or any direct, indirect, incidental or consequential damages of any kind, even if CAIS was advised of the possibility of such damages or was negligent. CAIS' liability is limited to the greatest extent permitted by law. The Site User agrees to indemnify, defend and hold CAIS and its officers, directors, employees and agents harmless against any and all claims, losses, liabilities, damages, disputes and attorney's fees (collectively, "Losses"), arising from your use of the Site or your breach of these Terms of Use, including without limitation Losses arising from your posting of and/or use of Posted Material.


13. Jurisdiction and Venue
    These terms of use are entered into and granted in the state of California and shall be governed by and construed in accordance with the laws of the state of California, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. Exclusive jurisdiction for any dispute, controversy or claim arising out of or in connection with these terms of use shall be only in the federal or state court with competent jurisdiction located in Santa Monica or Los Angeles, California. You consent to the exercise of personal jurisdiction by such courts in any such action.


14. CAIS Contact Information
    If you have any questions or comments regarding the Site, including with regard to these Terms of Use, please contact CAIS using the information found under the "Contact Us" link on the Site home page.