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3. TERM AND TERMINATION. This Agreement will be effective on the date You first use the Site and will continue until terminated. NEFE may terminate this Agreement immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon written notice to NEFE, such termination effective 10 business days following acknowledgment of receipt of such notice by NEFE. NEFE may also suspend your use of the Site and direct You to cease using the Site with or without notice to You and with or without cause. Upon any termination of this Agreement, all rights granted to You under this Agreement will cease; if You are a Registered User, your Account will be closed, and You must promptly discontinue all access to any part of the Site and the use of any Content downloaded or otherwise obtained from the Site. Sections 3, 4, 5, 6, 9, 10, and 14 will survive termination or expiration of this Agreement for any reason.
4. CONTENT. The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, “Content”) available on or offered through the Site and any other contents of the Site (such Content, collectively, “Site Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”). Unless otherwise noted on the Site, as between You and NEFE, its partners, affiliates, and licensors (“Affiliates”), all Site Content is owned by NEFE and its Affiliates. You may print a copy of any Site Content solely for your own personal, non-commercial use, subject to the terms and conditions of this Agreement, including the following terms and conditions: a. You must use the Site Content in conformance with all terms and conditions displayed on the Site. b. You may use any Site Content only for instructional and educational purposes as part of programs sponsored by NEFE, or for such other express purpose as may be expressly indicated on the Site Content itself. c. You may use the Site Content only in the form provided on or through the Site and may not modify, amend, or combine any Site Content with other material to form any new Content. d. You must obtain all copies or reproductions of the Site Content directly from NEFE. e. You may not use any Site Content for any commercial purpose or charge a fee or other consideration in exchange for the Site Content. f. You may not utilize the Site Content to sell, advertise, endorse, or otherwise promote any other service, product, or party. g. All use of the Site Content must be accompanied by an acknowledgment that the Site Content is owned by NEFE. h. You must otherwise abide by all Intellectual Property Rights, notices, information, or restrictions contained on or in any Site Content. i. You obtain no ownership rights in or to the Site or Site Content through this Agreement, and no other rights to utilize the Site Content other than as expressly set forth in this Agreement. Your access to and use of any Site Content is also subject to any other license or other agreement separate from this Agreement that You may have entered into (or may enter into) with NEFE relating to that Site Content (each such license or other agreement, a “Content Agreement”). Except as expressly set forth in this Agreement or any Content Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Site Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Site Content without the prior written permission of NEFE. If you would like to use the Site Content in a manner that is not expressly set forth in this Agreement or any other Content Agreement, please send your request to the NEFE Webmaster by clicking here or by emailing NEFE at email@example.com. 5. MARKS. Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers displayed on this Site (collectively, the "Marks") are the property of NEFE and its Affiliates. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of NEFE. 6. POSTINGS AND UPLOADS. The Site may include forums, bulletin boards, chat rooms, or other opportunities through which You may provide or upload Content to the Site (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocate illegal activity; (4) an advertisement or solicitation of funds, goods, or services. You hereby represent and warrant to NEFE and its Affiliates that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant NEFE the rights discussed in this Section 6. You will indemnify, defend, and hold harmless NEFE and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in Section 6. By providing or uploading any Provided Content to the Site, You grant NEFE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant NEFE the right to use Your name in connection with the reproduction or distribution of such material. 7. CLAIMS OF INFRINGEMENT. Just as NEFE requires users of the Site to respect the copyrights and other intellectual property rights of NEFE, its Affiliates, and other third parties, NEFE respects the copyrights and other intellectual property rights of users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to: National Endowment for Financial Education Attn: Copyright Infringement Agent 1331 17th Street, Suite 1200 Denver, CO 80202
Please provide the following information to NEFE’s Copyright Infringement Agent: (1) the identity of the infringed work, and of the allegedly infringing work; (2) Your name, address, daytime phone number, and E mail address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (5) Your electronic or physical signature.
8. REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of NEFE and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; (3) all information You provide to NEFE in connection with this Agreement and Your access to the Site and use of the Services is correct and current. 9. DISCLAIMER AND LIMITATION OF LIABILITY. 9.1 Disclaimer. THE SITE IS PROVIDED BY NEFE "AS IS" and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER NEFE NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE. YOU AGREE THAT YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, NEFE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND NEFE’S CONTROL MAY OCCUR FROM TIME TO TIME. 9.2 Limitation. IN NO EVENT WILL NEFE BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO THE SITE OR USE OF THE SERVICES, EVEN IF NEFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NEFE’s total aggregate liability for any damages arising out of or related to this Agreement will not exceed $250.
This policy sets forth how we handle information we learn about you from your visit to our web site. Please be assured that we are committed to fair information practices and the protection of privacy. 1. Types of Information Collected a. Traffic Data Collected. We may automatically track and collect information when you visit our site, including your: (a) IP address; (b) domain server; (c) type of computer; (d) date and time; and (e) type of Web browser and operating system used (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for analysis purposes or for improving your experience on the site. We may use "cookies" or other similar software or code on this site. b. Personal Information Collected. In order for you to access and use certain areas of the site and to order materials or information that we may offer through the site, we may require you to provide us with information that personally identifies you ("Personal Information"). Personal Information may include data such as your name, mailing address, e-mail address, username, access password, birth date and other contact information. We may collect and retain any Personal Information that you provide to us. If you send us any email or other communication, we may retain those communications in order to respond to you, to evaluate or improve the services, or for other purposes. It is your responsibility to update or correct your Personal Information whenever necessary. To update, correct, or request removal of your personal information, contact us at the address below. c. Not for Children. The areas of the site that require Personal Information are not intended for use by children under the age of 13. Children under the age of 13 are not permitted to access or use areas of the site that require the disclosure of Personal Information. If we discover or are advised that a person who has disclosed Personal Information through the site is under the age of 13, we will delete all Personal Information provided by that person.