Terms of Use

Last revised: January 17, 2002 In this section: Preliminaries Registration Disclaimer of Warranties; Limitation of Liability Void Where Prohibited Proprietary Rights Code of Conduct Term and Termination Third Party Web Sites Indemnification Miscellaneous Preliminaries Welcome to www.americanteachers.com, a service of www.americanteachers.com, Inc. www.americanteachers.com, all information, data and other content contained within the site and the services available on the site are referred to in these Terms of Service as the "Site." Please read these Terms of Service in their entirety; by using the Site, and in consideration of such use, you accept these terms. Your use of some Site features may be subject to additional terms. Any additional terms will be posted in the section of the Site where these features appear; please read those terms as well. By using the features in that Site section, and in consideration of such use, you accept those terms. All additional terms and these Terms of Service are referred to collectively as the "Terms." The Web is an evolving medium, and we may change the Terms from time to time. Further, we may modify the Site, including eliminating or discontinuing services and features, and change fees or charges for your use of the Site. By continuing to use the Site after any changes or modifications, you accept those changes and modifications. We advise you to periodically review the Terms to ensure that you are familiar with their most current version. We respect the privacy of our users. Please take a few minutes to review our Privacy Policy. Financial information on the Site is for general informational purposes only and is not intended to be relied upon for transactional purposes or intended as investment advice, nor is the information intended to provide tax or legal advice. We cannot and do not assess the suitability of any particular investment for you or on your behalf. You bear responsibility for your own investment research and investment decisions. No data or information on the Site constitutes a solicitation by us of the purchase or sale of securities. WE SHALL NOT BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR OTHERS BASED UPON DATA OR INFORMATION OBTAINED THROUGH THE SITE. The data and information available from us, our licensors and service providers changes over time, and data and information that was accurate when posted may become false or misleading over time. Though follow-up data and information may be made available on the Site, and access to the earlier data and information may also be possible, this original data and information is generally not modified to reflect new developments. You may display the information, data, text, photographs, graphics, video, messages or other materials ("Content") on the Site for personal, non-commercial use only. You otherwise may not download, post, publish, email, frame, broadcast, sell, circulate, reproduce, transmit, distribute, perform or display in any way any component of the Site or derivative works with respect thereto, nor commercially exploit the Site in any manner. Registration You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Registration Form (including your email address) and (b) to maintain and update this information (including your email address) to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your use of the Site. As part of the registration process, you will submit your required information and select a username and password. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by updating your account information by visiting the Edit Profile page of the Site. YOU ARE ENTIRELY RESPONSIBLE FOR THE CONFIDENTIALITY AND USE OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE MADE THROUGH YOUR ACCOUNT. You acknowledge and agree that you must (a) provide for your own access to the World Wide Web and pay any service fees associated with such access and (b) provide all equipment necessary for you to connect to the World Wide Web, including a computer and modem. If you forget your password, please visit the Forgot Your Password? Page. Disclaimer of Warranties; Limitation of Liability THE SITE AND ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES (INCLUDING THE RESULTS AND PERFORMANCE OF THE SITE AND SERVICES) AND YOUR RELIANCE THEREON. NEITHER WE NOR OUR AGENTS, LICENSORS OR SERVICES PROVIDERS GUARANTEES THE COMPLETENESS OR ACCURACY OF THE SITE AND SERVICES, THAT THE SITE AND SERVICES WILL FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE AND SERVICES WILL BE SECURE OR AVAILABLE WITHOUT INTERRUPTIONS, DELAYS OR ERRORS. NO OPINION, ADVICE OR STATEMENT BY US OR OUR AGENTS IN CONNECTION WITH THE SITE AND SERVICES SHALL CREATE ANY WARRANTY, AND YOU ACKNOWLEDGE THAT NEITHER OUR AGENTS NOR OUR LICENSORS OR SERVICES PROVIDERS SHALL HAVE ANY WARRANTY OR SUPPORT OBLIGATIONS TO YOU WITH RESPECT TO THE SITE AND SERVICES. NEITHER WE NOR OUR AGENTS, LICENSORS OR SERVICES PROVIDERS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND SERVICES IS TO STOP USING THEM. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR AGENTS, LICENSORS OR SERVICES PROVIDERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES RESULTING OR ALLEGED TO HAVE RESULTED FROM ANY ACTION TAKEN OR NOT TAKEN BASED ON, OR DATA AND INFORMATION PREPARED FROM, THE SITE (INCLUDING WITHOUT LIMITATION THE CONTENT) OR SERVICES OR FOR DAMAGES RESULTING OR ALLEGED TO HAVE RESULTED FROM THE UNAVAILABILITY OF OR ANY ERROR OR OMISSION IN THE SITE AND SERVICES. Certain of these disclaimers or limitations may not apply to you if and to the extent you enter into an agreement with a Services provider that provides other provisions with respect to such Services only (and which in no event shall apply in any manner to us or our Site). Void Where Prohibited Although the Site is accessible worldwide, not all features, products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of the Site and Services to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion. If you are in a country other than the United States, you acknowledge and agree that your use of the Site does not violate any local law or regulation and that you shall be responsible for any violations. Any offer for any Service made on the Site is VOID where prohibited. Proprietary Rights We and our licensors own all right, title and interest in and to the Site, and any modifications to the Site. You do not acquire any ownership rights by to the Site by using the Site. You acknowledge that the Content includes data and information gathered, selected, analyzed, arranged and presented by us and our licensors through the application of methods of selection, computation, analysis, organization and judgment unique and original to us and our licensors and at considerable expense to us and our licensors and that the actual value thereof far exceeds the cost in preparing such Content. You agree not to extract ideas, algorithms, procedures, formulas, work flows or hierarchies from such Content to create a work that may be used as a substitute for such Content. "www.americanteachers.com," the americanteachers.com logo and state specific domain names are our trademarks and/or service marks. All other trademarks, service marks and logos used in connection with the Site and Services are the trademarks, service marks or logos of their respective owners. The Digital Millennium Copyright Act of 1998, the "DMCA," provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims. Code of Conduct You agree not to: Restrict or inhibit any other customer or member from using or enjoying the Site; Transmit any content or information or submit any materials to the Site that are unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or that infringe on our or any third party's copyright, trademark, trade secret or other intellectual property or other rights; Transmit material, non-public information about companies without the authorization to do so; Remove any copyright, trademark and other proprietary rights notices contained or embedded in the Site or Services; Reverse engineer, reverse compile, reverse assemble or otherwise attempt to reveal or duplicate for any purpose the methodology, know-how or trade secrets underlying the Site or Services; Transmit any information or software that contains a virus, worm, time bomb, Trojan horse or other harmful component; Use the Site or Services for any unlawful purposes; Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us) or engage in spamming or flooding; Express or imply that any statements you make are endorsed by us, without our prior written consent; Harvest or collect information about other Site users without their consent; or Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site (including without limitation the Content) contained thereon. While using the Site you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Site or any materials that you submit to the Site for purposes of reproduction or otherwise. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and any materials you submit, and to disclose any information to any third party (please refer to our Privacy Policy) in order to operate the Site properly; to protect ourselves, our agents, our licensors, our service providers and our customers; and to comply with legal obligations or governmental requests. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are unacceptable, undesirable, inappropriate or in violation of these Terms. You agree that upon posting any materials to the Site, you grant us a transferable, non-exclusive, worldwide, royalty free, perpetual, irrevocable license in such material to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense such materials in any and all media in any manner in whole or part. Further, by submitting materials to us, you acknowledge and agree that you have the authority to grant us such rights. We neither endorse nor are responsible for any opinion, advice, information or statement made or displayed on the Site by third parties other than our authorized employees. Under no circumstances will we, our agents, licensors or service providers be liable for any loss or damage caused by your reliance on such information obtained through the Site. It is your responsibility to evaluate the accuracy and reliability of any opinion, advice, information or statement available on the Site. Term and Termination We reserve the right to immediately terminate your use of the Site and Services, or any portion thereof, and your password in our sole discretion with or without cause. If you wish to terminate your account, discontinue use of your account. Upon termination of your account for any reason, your right to use the Site and Services immediately ceases. Except as we may otherwise notify you, upon the termination of the Terms, you shall immediately stop using the Site and delete any Content still in your possession. Third Party Web Sites Clicking on certain links within the Site may take you to other Web sites for which we assume no responsibility of any kind. Links to these Web sites do not constitute an endorsement by us of the sponsors of such sites or the data and information, products and services or other materials presented on such sites. The links on the Site may take you to other sites where the trading of securities is possible. You acknowledge and agree that we shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites. Data and information in the many Web pages that are linked to the Site come from a variety of sources. Some of this information comes from our official licensors and licensees and service providers, but much of it comes from unofficial or unaffiliated organizations and individuals. We do not monitor and neither endorse nor are responsible for any opinion, advice, information or statement made or displayed on these unofficial pages or links. Under no circumstances will we, our agents, licensors or service providers be liable for any loss or damage caused by your reliance on such information data and information and any goods and services available on such external sites. It is your responsibility to evaluate the accuracy and reliability of any data and information available on such sites. Indemnification You agree to defend, indemnify and hold www.americanteachers.com, Inc. and its licensors and their respective affiliates, officers, directors, employees and agents harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your breach of the Terms or the use of the Site and Services by you or by any other user of your account. Miscellaneous This agreement is entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas exclusive of its choice of law rules. Each party to the Terms hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the State of Texas, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce the Terms, the prevailing party will be entitled to reasonable costs and attorneys' fees. In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms constitute the entire agreement between the parties hereto pertaining to the subject matter hereof. At any time upon request by us, you agree to sign a non-electronic version of this agreement. www.americanteachers.com, Inc. Attn: Legal Department 3010 LBJ Freeway Suite 1200 Dallas, Texas 75234 972-888-6089 USA CT 9AM to 5PM Contact Us