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CAST, Inc. Terms of Use

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Last updated: July 20, 2019

These terms and conditions (the “Terms of Use”) apply to all websites and tools we provide you (the “Sites”) owned and operated by CAST, Inc. (“CAST" or "Us" or “Our” or "We"), a 501c3 nonprofit company. By signing up or otherwise using any of our Sites or the services that are made available at the Sites (the “Services”), or accessing any content or material that we make available through the Sites or Services, you are entering into a binding contract with CAST that consists of these Terms of Use and our Privacy Policies. We reserve the right, at Our discretion, to change any of these terms in the future. We may or may not post notices on the homepage of Our Sites when such changes occur.  Your continued use of a Site will constitute acceptance of the Terms of Use and the Privacy Policies then in effect. If you do not wish to accept those Terms of Use and those Privacy Policies, please do not use or access Our Sites.

Disclaimer

You should not assume that the information contained on Our Sites has been updated or otherwise contains current information. CAST does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR SITES ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE AND MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Prohibited Uses

You may use Our Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use Our Sites:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate a CAST employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Our Sites or which, as determined by Us, may harm CAST or users of Our Sites or expose them to liability.
  • To collect information about other users of Our Sites for commercial or self-promotion purposes including, but not limited to, market research (e.g., user polls and surveys); advertising goods, services, events, or positions; job hunting; or other commercial or self-promotion purposes without the prior written consent of CAST.

Additionally, you agree not to:

  • Use Our Sites in any manner that could disable, overburden, damage, or impair Our Sites or interfere with any other party’s use of Our Sites, including their ability to engage in real-time activities through Our Sites.
  • Use any robot, spider or other automatic device, process or means to access Our Sites for any purpose other than to make our Sites or content appear in web searches.
  • Copy any of the material on Our Sites without Our prior written consent unless such copying is expressly permitted by virtue of a license granted on the applicable Site;
  • Use any device, software, or routine that interferes with the proper working of Our Sites.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Our Sites, the servers on which Our Sites are stored, or any server, computer or database connected to Our Sites.
  • Attack Our Sites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of Our Sites.

User Contributions

Some of Our Sites allow users to post their own content (“User Contributions”) on them.  Before you post User Contributions, you should understand that even Sites that are limited to authenticated users may, notwithstanding our efforts to secure our Sites, be subject to data breaches that could cause your User Contributions to be exposed to the general public.  Thus, you should not assume that your User Contributions will be confidential, even if posted on Sites that are limited to authenticated users.

If a data breach were to occur notwithstanding our security measures, you will be unable to delete or revise your User Contributions.  In addition, we have no control over what even authenticated users of Our Sites may do with your User Contributions. Accordingly, you should not post anything you wish to keep confidential or are required by law or otherwise to keep confidential. Your User Contributions will be considered non-confidential and non-proprietary, and you hereby grant Us a non-exclusive license to copy, display, perform and use your User Contributions.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above.
  • Your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that CAST is not responsible for any User Contributions you submit or contribute, and you, not CAST, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You agree to indemnify Us for any liability to any third party arising in any way out of your User Contributions.

Content Standards

User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, a personal attack, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others
  • Contain any material that could give rise to any civil or criminal liability
  • Be in conflict with Our Privacy Policies.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by Us or any other person or entity if this is not the case.
  • Advocate for or against any candidate for public office or to encourage other users to engage in lobbying.

Information About You and Your Visits to Our Sites

All information We collect on Our Sites is subject to Our Privacy Policies. By using Our Sites, you consent to all actions taken by Us with respect to your information in compliance with Our Privacy Policies.

Intellectual Property Rights

Unless otherwise noted, all intellectual property rights in the materials that appear as part of Our Sites, are owned by or licensed to CAST. Such materials include without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials, which may be protected by the laws pertaining to copyright, patent, trademarks, service marks, trade dress and/or other intellectual property (collectively, "Intellectual Property").  Our Sites as a whole are protected by copyright and trade dress. Except to the extent expressly stated on our Sites, nothing on Our Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on Our Sites without the prior written permission of the Intellectual Property owner. The names and logos of CAST and Our Sites may not be used in any way, including in advertising or publicity pertaining to distribution of materials on Our Sites, without Our prior, written consent.  Fair use of CAST’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in Our Sites may be the Intellectual Property of their respective owners.

Linking to the Sites

You may link to Our Sites, provided that (i) the website from which you are linking, complies with the Content Standards set out in these Terms of Use, (ii) you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, (iii) you do not use any logo at CAST or any of Our affiliates as part of the link without Our prior written consent and (iv) you do not suggest any form of association, approval, or endorsement on Our part without Our express written consent.

You must cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in Our sole discretion.

Links From the Sites

Our Sites may contain links to websites owned or operated by parties other than CAST. Such links are provided for your reference only. CAST does not monitor or control outside websites and is not responsible for their content. If you decide to access any of the third-party websites linked to Our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party website.  CAST’s inclusion of links to an outside website does not imply any endorsement of the material on those websites or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor.

Indemnification

You agree to defend, indemnify, and hold harmless CAST, its affiliates, licensors and service providers, and Our respective officers, directors, employees, volunteers, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of, or relating to, your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Sites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.

Governing Law

These Terms of Use and Our Privacy Policies are governed by the laws of The Commonwealth of Massachusetts and the United States of America.  In the event of any dispute or claim arising hereunder, you and We agree to submit to the exclusive jurisdiction of courts having jurisdiction in Boston, Massachusetts USA.  You and We waive all right to a jury in connection with any such proceeding.

Entire Agreement

These Terms of Use, any supplemental terms on and applicable solely to an individual Site of Ours, and Our Privacy Policies constitute the sole and entire agreement between you and CAST with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

Your Comments and Concerns

If you have comments or concerns about these Terms of Use, our Privacy Policies or Our Sites, please feel free to contact us as follows:

By mail:
CAST, Inc.
200 Harvard Mill Square
Suite 210
Wakefield, MA 01880

By email:
compliance@cast.org

By phone:
781-245-2212