Listserv Terms Of Use Policy
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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:
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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.
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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.
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Discussion Group Etiquette
All Discussion Group users
are urged to adopt the following Discussion Group use practices:
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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.
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Assume that the world could see your Posted Material and identify it
with you.
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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.
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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.
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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:
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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);
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Sell or license any information obtained from the Site, without the
prior permission of CAIS;
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Use the information contained in exchanges on the listserv to the
detriment of another Site User or any other independent school;
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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.
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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).
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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.
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Retransmit posted material from the Discussion Group for commercial gain
or to the detriment of any other CAIS member or independent school.
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Access, probe, tamper with or make unauthorized use of CAIS' computer
systems or the technical delivery systems of CAIS' service providers.
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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.
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No longer meeting the eligibility requirements of CAIS membership.
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Use the Site in any manner that violates any applicable laws or
regulations.
(This list is not exclusive.)
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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.
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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.
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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.
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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").
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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.
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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.
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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.
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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.
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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.
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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.