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Systems Thinking Alliance

Terms of Use

Welcome to the Systems Thinking Alliance web site https://systemsthinkingalliance.org/ (the “Site”). Systems Thinking Alliance  makes the site and the related services on the Site available to you subject to the following terms and conditions (“Terms”) of this “Agreement”.

For the purposes of this Agreement the following definitions apply:

“You” means you, the person using the Site.

“Systems Thinking Alliance,” “we” or “us” means Systems Thinking Alliance.

1. Use of site

Subject to these Terms, we grant you the personal, limited, revocable, non-exclusive and non-transferable right to use this site. You may print one copy of these materials, for your own personal use only.

2. Unauthorized activities

You agree that you will not use the site for (i) any illegal or unauthorized purposes that violate any laws in your jurisdiction (including but not limited to copyright laws); (ii) modifying, adapting or hacking into the site or for modifying another website so as to falsely imply that it is associated with Systems Thinking Alliance; or (iii) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature. You also agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the site material or otherwise use the site material in any way for any public or commercial purpose without express approval from Systems Thinking Alliance. You acknowledge and agree that the unauthorized use of the site material could cause irreparable harm to Systems Thinking Alliance and that in the event of such unauthorized use, Systems Thinking Alliance shall be entitled to an injunction in addition to any other remedies available at law or in equity. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the site so long as the link does not falsely imply endorsement of your products or services by Systems Thinking Alliance , or otherwise portray Systems Thinking Alliance , or its products or services, in a false, misleading, derogatory, or otherwise offensive matter.

3. Site material

While Systems Thinking Alliance endeavors to keep the site material and other content on, in, and through this site up-to-date, Systems Thinking Alliance is not responsible for any errors or omissions in the site material or content. Systems Thinking Alliance is not responsible for the accuracy or completeness of any information, text, graphics, forms, links, advertisements, or other items contained within the site. Systems Thinking Alliance may make changes to the site material, the site, or the products or services made available in connection with the site at any time, with or without notice, and makes no commitment to update any of these items. In order to access certain areas and features of the site you may be required to be a Systems Thinking Alliance registered website member. Requirements for becoming a member are located on the site. Systems Thinking Alliance has the right to revoke membership at any time without notice or warning.

4. Materials submitted to the site

The site allows you to contribute content, information, text, graphics, personal listings, postings, and other materials and information for access, use, and commentary by other visitors to the site (“user content”). Systems Thinking Alliance , its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any user content that is submitted to the site. By posting user content, you represent that you have the full legal right to provide the user content and that use of the user content by the site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party. Upon your submission of user content or other material or information to Systems Thinking Alliance , you grant Systems Thinking Alliance a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the user content, all without any compensation to you whatsoever. Systems Thinking Alliance may remove user content from the site that violates any of the warranties provided in the preceding paragraph. Systems Thinking Alliance shall not be responsible for changes, modifications, or removal of any user content that you submit to the site. If you believe that any content or postings on the site violate your intellectual property or other rights, please follow our “complaint procedure” section of these terms.

5. Proprietary rights

Systems Thinking Alliance owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material for the site (the “site material”), as well as the selection, coordination, arrangement, and organization and enhancement of the site material. All site material is protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any site materials. All names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the site are proprietary to Systems Thinking Alliance or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the site, other than the right to use the site as provided in “use of site” section above.

6. Other site

This Site may, from time to time, contain links to other Internet web sites for the convenience of users in locating information, products, or services that may be of interest. These sites and any other sites operated or maintained by third parties are operated or maintained by organizations over which Systems Thinking Alliance exercises no control, and Systems Thinking Alliance expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites.

7. Copyright and trademark

 All content on this site, including but not limited to logos, product and offering names, designs, text, graphics, images, video and audio content, interfaces, code and software, and the selection and arrangement of such content, is the property of Systems Thinking Alliance. Use of copyright and trademark material is not permitted without the express consent of Systems Thinking Alliance.

8. Privacy policy

Any personal information that you provide to us on the site is subject to our privacy policy. For more information, view the privacy policy, which is incorporated into these terms by reference, as if set forth fully herein.

9. Registered users account, password and security

In consideration of your use of the site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant portions of the site (the “registration data”) and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Systems Thinking Alliance has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Systems Thinking Alliance has the right to suspend or terminate your access to the site and refuse any and all current or future use of the site, or any portion thereof.

You are solely responsible for maintaining the strict confidentiality of your user IDs and passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your user IDs/passwords, your disclosure of your user IDs/passwords, or your authorization to allow another person to access and use the services using your user IDs/passwords. You agree to immediately notify us if you become aware of any unauthorized use of your user IDs/passwords or other need to deactivate a user ID/password due to security concerns.

10. Disclaimer of warranty and liability

This site and the site material on and made available through this site, and the services and products offered in connection with this site, including any software, are made available on an “as is” and “as available” basis only. Use of this site is entirely at your own risk. Systems Thinking Alliance makes no representations or warranties, and hereby disclaims all representations and warranties, with respect to this site and the site material on and made available through this site, and the services and products offered in connection with this site, express and implied, written and oral, arising from course of dealing, course of performance, usage of trade, and otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, title, quality, systems integration, and non-infringement, including that the site will be uninterrupted, timely, secure, or error free, that the site or its server(s) is free of viruses or other harmful components, that the site, including the services will be available, or that content created on the site is secure from unauthorized access. Any and all information provided by Systems Thinking Alliance or under or in connection with this site is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Systems Thinking Alliance makes no warranty regarding any software, goods, services, promotions, or the delivery of any software, goods or services, purchased, accessed or obtained through the site or advertised through the Systems Thinking Alliance (STA) site. No advice or information given by Systems Thinking Alliance , its employees or affiliates shall create a warranty.

11. Limitation of liability

You acknowledge that your use of the site, including any software or content on the site, and any reliance upon it or the results you generate by using it, is at your sole risk. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall Systems Thinking Alliance or its officers, directors, parents, subsidiaries, affiliates, agents or licensors, or any third-party provider of data or information, be liable for any direct, indirect, consequential, exemplary, extra-contractual, incidental, special or punitive damages of any kind whatever, including loss of business revenue, lost profits, or loss of data, whether in an action under contract, negligence or any other theory, arising out of your use of or inability to use the site, or your reliance on any advice, information, or content on the site or provided as part of the site, even if Systems Thinking Alliance or any related party has been advised of the possibility of such damages, and even if the remedies otherwise available fail of their essential purpose. You specifically acknowledge that down-time, loss of content, and computer viruses are risks inherent in the use of the Internet and software products, and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms. You also specifically acknowledge that you may be disclosing sensitive, private and confidential content about yourself, your company or your project in your use of the site and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such content.

Under no circumstances will the total liability of Systems Thinking Alliance to you in connection with, based upon, or arising from this site or your use of this site exceed $100. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, Systems Thinking Alliance’s total liability is limited to the greatest extent permitted by law. It is the intention that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law. If you are dissatisfied with the site, or with any of these terms, or feel Systems Thinking Alliance has breached these terms, your sole and exclusive remedy is to discontinue using the site.

12. Indemnification

You agree to defend, indemnify and hold Systems Thinking Alliance , and its subsidiaries, affiliates, officers, directors, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, co-branders, licensees, members and attorneys harmless from and against any and all suits, actions, claims, demands, proceedings (whether judicial, regulatory, or administrative), damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from the site, your use of the site, your fraud, violation of law, or willful misconduct, and any breach by you of these terms.

13. Availability

We use reasonable efforts to ensure that the site is generally available. However, there will be occasions when access to the site will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the site. You are responsible for obtaining access to the site and that access may involve third-party fees (such as internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the site.

14. Security

You understand that the technical processing and transmission of any site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Systems Thinking Alliance via the site or the internet, including, for example, personal information such as your name or address.

15. Complaint procedure

If you believe that any content or postings on this site violates your intellectual property or other rights, please send to Systems Thinking Alliance at the address listed in “contact” section, a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your email address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

16. Right to terminate and/or to block access

Systems Thinking Alliance reserves the right to terminate, block or restrict your access to or use of the site for any breach or violation of any term(s) of this agreement. In such an event, we may terminate this agreement, restrict, suspend or terminate your access to and use of the services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this agreement by providing us with written notice of your termination and ceasing to use or access the services. Termination is your sole right and exclusive remedy if you are not satisfied with the services. Upon the effective date of any such termination, your right to access and use the services shall immediately cease.

17. Governing law and jurisdiction

These terms represent the entire agreement between you and Systems Thinking Alliance with respect to the subject matter hereof, supersede any and all prior and contemporaneous agreements between us, and will be governed by and construed in accordance with the laws of the state of Massachusetts without reference to its conflict of law rules. By accessing, viewing, or using this site or the site material, you consent to the jurisdiction of the federal and state courts presiding in the city of Philadelphia, commonwealth of Pennsylvania, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This site is controlled and operated by Systems Thinking Alliance from within Canada and the United States. Systems Thinking Alliance makes no representation that this site or the site material is appropriate or available for use in any location or territory, and access to this site or the site material from locations or territories where it is illegal is prohibited. The waiver or failure of Systems Thinking Alliance to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these terms.

18. Assignability

This agreement is personal to you, and you may not assign this agreement or the rights and obligations hereunder to any third party without the prior express written approval of Systems Thinking Alliance.

19. Severability

If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.

 

20. Survival Of terms

Any provision of this agreement which by its nature must survive the termination of this agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this agreement.

21. Contact

Any questions, comments or suggestions, including any report of violation of this agreement should be provided to the administrator by emailing Contactus at systemsthinkingalliance dot org

22. Entire agreement

This agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this agreement. This agreement shall take precedence over any other documents which may conflict with this agreement, including any terms/conditions posted by users via the interactive services.

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