National Council for Agricultural Education ("NCAE") requires that all persons visiting the Site adhere to the following terms and conditions of these Terms of Use. By using the Site, You and Your organization ("You" or "Your") agree to abide by these Terms of Use.
Use of the Site and Changes to These Terms of Use
NCAE maintains this Site to provide You with information about its services and to facilitate communication with You (the "Content"). Notices, terms and other information provided in the Content are subject to change without notice. NCAE reserves the right to change, update, add or remove portions of the Site, these Terms of Use, or the Content or services appearing on the Site at any time, and Your notification of changes to these Terms of Use consists of NCAE informing You of a new effective date in these Terms of Use below. Please check this Site periodically for changes. If You do not wish to be bound by these Terms of Use or any changes, please cease using the Site. These Terms of Use are effective as of Janary 1, 2025.
NCAE reserves the right to terminate or suspend Your access to the Site at any time.
Privacy
NCAE maintains users' personally identifiable information, except as required by law or as otherwise specifically agreed by the user, in accordance with NCAE's Internet Privacy Policy for the Site.
Links To/From Other Sites
Hyperlinks to other Internet resources are at Your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not verified, monitored or endorsed by NCAE. NCAE prohibits caching, unauthorized hypertext links to the Site, and the framing of any content available through the Site.
Your Conduct
You agree not to send any unsolicited commercial electronic mail to users of the Site, not to participate in a denial-of-service attack against the Site or against any other website or computer environment by using the Site, not to provide any Content on the Site that is inaccurate or misleading, not to attempt to or actually disrupt, impair or interfere with, alter or modify the Site, not to collect or attempt to collect any information of others, including passwords and account, personally identifiable, and other information, not to provide to or transmit through the Site any material that is unlawful or violates the rights of others, not to engage in any screen scraping or data acquisition and consolidation, not to access any account or information that does not belong to You, and not to otherwise engage in any unlawful or otherwise prohibited activity directly or indirectly related to the Site.
Ownership of Copyright and Trademarks
The copyright in the web pages, screens, text and images appearing at the Site, and their arrangement, is owned by NCAE or others as may be indicated, and is protected by U.S. and international copyright laws. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of NCAE and other parties as may be indicated. You may copy Content for Your personal or internal organizational use only, provided that each copy includes any notice or attribution, as they appear, on the pages copied. The Content and Marks may not otherwise be modified, copied, distributed, transmitted, displayed, or used to create derivative works or otherwise used for any commercial or public purpose without the express written permission of NCAE.
NCAE's Copyright Agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:
Copyright Agent
Attn: Carl Aakre, CASE Director
National Council for Agricultural Education
6060 FFA Drive
Indianapolis, IN 46378
Email:carl.aakre@case4learning.org
Passwords
You agree to notify NCAE if You become aware of any unauthorized use of Your password, and You agree to be responsible for all acts by anyone that accesses the Site with Your password.
Indemnification
You agree to indemnify and hold harmless NCAE from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys' fees (collectively, the "Losses") arising out of any breach by You of these Terms of Use. Upon receipt of any third party claim, NCAE has the right to assume the sole defense, at Your expense, by representatives chosen by NCAE. You agree to provide NCAE with assistance, without charge, as requested by NCAE in connection with any such defense, including, but not limited to, providing NCAE with information, documents, records and reasonable access to You, as NCAE deems necessary. In no event may You settle any third party claim or waive any defense without the NCAE's prior written consent.
No Warranties
NCAE makes no representations or warranties as to the accuracy or timeliness of Content provided on the Site.
EXCEPT AS REQUIRED UNDER APPLICABLE LAW, THE CONTENT AS WELL AS THE SERVICES ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NCAE DOES NOT WARRANT THE ADEQUACY OR COMPLETENESS OF THE SITE (INCLUDING THE CONTENT) AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE (INCLUDING THE CONTENT).
Limitation of Liability
NCAE assumes no liability or responsibility for any errors or omissions in the Site (including the Content).
YOU ACKNOWLEDGE THAT NCAE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF NCAE, OR REPRESENTATIVES THEREOF, ENGAGED IN NEGLIGENCE, ARE ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES, LOSSES OR EXPENSES, OR IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE, AND REGARDLESS OF THE THEORY OF LEGAL LIABILITY. IN THOSE STATES THAT DO NOT ALLOW THIS EXCLUSION OR LIMITATION OF LIABILITY FOR THE FOREGOING EXCLUDED DAMAGES, NCAE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Governing Law and Jurisdiction
You agree that Your use of this Site, these Terms of Use, and any tort claims arising from Your use of the Site or these Terms of Use shall be governed by the laws of the State of Indiana applicable to contracts made entirely within and wholly performed in the State of Indiana without regard to conflicts of law principles, and You agree that the sole jurisdiction and venue shall be in the State of Indiana, except that NCAE may seek temporary injunctive relief in any venue of its choosing.
Remedies, Waivers and Injunctions
All remedies whatsoever available to NCAE are cumulative and non-exclusive. No waiver or failure of NCAE to require performance in any instance shall act as a waiver or bar in any subsequent or other instance. NCAE shall not be required to post a bond or other security in order to obtain injunctive relief.
Severability, Survival and Binding Effect
If any portion of these Terms of Use is found invalid or unenforceable, all other portions are nonetheless valid and fully enforceable. In the event that these Terms of Use should be terminated or expire for any reason, the sections entitled "Acknowledgment of Terms and Conditions", "Links To/From Other Sites", "Indemnification", "No Warranties", "Limitation of Liability", "Governing Law and Jurisdiction", "Remedies, Waivers and Injunctions", "Severability, Survival and Binding Effect", and "Entire Agreement" shall survive. These Terms of Use shall bind and inure to the benefit of Your and NCAE's respective successors and assigns.
Entire Agreement
These Terms of Use are the entire agreement between You and NCAE regarding Your use of the Site regardless of any other oral or written understandings.
For more information about CASE 4 Learning Terms of Use, please contact us at info@case4learning.org.
CASE is an initiative of the National Council for Agricultural Education (The Council).
