Repository Terms of Use

PLEASE REVIEW BEFORE ACCESSING THE REPOSITORY.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS THE REPOSITORY.

Description

Welcome to the Repository portion of the Down Syndrome Affiliates in Action website.  The Repository contains forms, templates, articles, and other useful information.  This information has been uploaded by contributing member organizations of Down Syndrome Affiliates in Action for your use, subject to your acceptance of these Terms of Use.

Your access to and any use of the Repository and its materials are subject to these Terms of Use and all applicable laws.  By logging in to the Repository, you accept all of the terms contained herein.  We reserve the right to modify these Terms of Use at any time without prior notice, and your continuous access to this Repository binds you to these changes.

Access Requirements

To access the Repository:

(a)        You must have an active password for a member organization; and

(b)        You must be authorized by a member organization to use its password to access the Repository.

By logging in to the Repository, you legally represent and warrant that you meet the above requirements.

Password

Each member organization of Down Syndrome Affiliates in Action will receive one or more passwords unique to the member organization.  These passwords will expire and new ones will be issued on an annual basis.  You are solely responsible for maintaining the confidentiality and security of your password(s).  You agree to notify Down Syndrome Affiliates in Action immediately if you become aware of any unauthorized use of your password(s).

License to Use

The Repository materials are provided exclusively to member organizations of Down Syndrome Affiliates in Action for the sole purpose of furthering the business of those member organizations.  No other use is permitted.  To that end, under license by Down Syndrome Affiliates in Action and its contributing member organizations, any Repository materials may be downloaded and used subject to the following conditions:

(a)        You must be a member organization to download any Repository materials;

(b)        You must be a member organization when using any Repository materials;

(c)         You may not download Repository materials and use, reformat, repost, or redisplay it for purposes other than for the business of member organizations; and

(d)        You must display any copyright, trademark, or other intellectual property notice on any Repository materials used as provided by these Terms of Use.

This is a limited, non-exclusive, revocable License to Use which may be revoked at any time at the discretion of the executive director of Down Syndrome Affiliates in Action. Permission to use Repository materials beyond the scope of this license will be granted at the discretion of the executive director of Down Syndrome Affiliates in Action.

Intellectual Property

All title and intellectual property rights in and to any third party trademarks, logos, photographs, images, and other intellectual property contained in the Repository materials are the property of the respective third parties and may be protected by applicable copyright, trademark or other intellectual property laws and treaties.  Each such third party expressly reserves all rights to such intellectual property.  By downloading and using any of the Repository materials, you understand that you are not granted any rights, title, or interest in any such third party intellectual property.  Any unauthorized use of such third part intellectual property is strictly prohibited.

Repository materials may contain copyright, trademark, or other intellectual property credits, attributions, or designations, such as “© Down Syndrome Affiliates in Action” or “Used under license by Down Syndrome Affiliates in Action.” When downloading and using any Repository materials, any such credits, attributions, or designations must be displayed and maintained, and may not be modified in any manner without the consent of the executive director of Down Syndrome Affiliates in Action or the contributing member organization.

Indemnification

You hereby agree to indemnify and hold harmless Down Syndrome Affiliates in Action from and against any and all expenses (including attorneys’ fees) and claims made against Down Syndrome Affiliates in Action that Down Syndrome Affiliates in Action is obligated to pay based upon your use of the Repository materials or your violations of these Terms of Use.  In the event of any actual or threatened conflict, claim, or suit, you agree to promptly notify Down Syndrome Affiliates in Action in writing and to work cooperatively with Down Syndrome Affiliates in Action to defend, settle, and resolve any conflict, claim, or suit accordingly.

General Terms

Enforcement. Down Syndrome Affiliates in Action reserves the right to take any reasonable steps to enforce these Terms of Use, including but not limited to suspending or terminating a member organization’s password, restricting access to the Repository, or removing or making inaccessible any Repository materials at the discretion of its executive director.

Copyright Complaints. If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please contact the executive director of Down Syndrome Affiliates in Action at director@dsaia.org or (701) 425-7129.

No Waiver of Terms. Failure of Down Syndrome Affiliates in Action to exercise or enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law. These Terms of Use shall be governed by and construed in accordance with the substantive laws of the State of Colorado, United States of America, without regard to principles of conflicts of law, and any action shall be initiated and maintained in a forum of competent jurisdiction in Colorado, United States of America.

DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES. THE REPOSITORY IS PROVIDED ON AN “AS IS” BASIS.  DOWN SYNDROME AFFILIATES IN ACTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MATERIALS INCLUDED IN THIS REPOSITORY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DOWN SYNDROME AFFILIATES IN ACTION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.  YOU EXPRESSLY AGREE THAT YOU USE THESE MATERIALS SOLELY AT YOUR OWN RISK.  UNDER NO CIRCUMSTANCES SHALL DOWN SYNDROME AFFILIATES IN ACTION BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE REPOSITORY EVEN IF NOTIFIED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF DOWN SYNDROME AFFILIATES IN ACTION AND ANY EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Updated 02/06/2012

© 2012 Down Syndrome Affiliates in Action. All Rights Reserved.