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ALEX Legal Notices

Thank you for viewing the Alabama Learning Exchange legal notices. Most areas of this Web site may be viewed without registering as a user. However, in order to submit lesson plans and other resources to the public lesson plan library of ALEX or to access a personal workspace for storing your own lesson plans, users will need to create a free account on ALEX. Your ALEX login and personal workspace will remain active indefinitely when used regularly. We reserve the right to inactivate any accounts not accessed during a six-month time period. You will be notified in advance via email should your account be in danger of being deactivated. For this reason, it is important that you update the contact information given when creating your account should it change in the future.

The following policies apply to all lesson plans and other educational materials submitted by outside sources and hosted by the Alabama Learning Exchange. They do not apply to external resources linked from the Alabama Learning Exchange Web site. Educators wishing to use resources not maintained by the Alabama Learning Exchange should consult the copyright policies of respective owners and the Fair Use Guidelines for Educational Multimedia. Although a work may be freely accessible on the World Wide Web and may not include any statement about copyright, the U.S. Copyright Act nevertheless provides that such works are protectible by copyright, including images.


Allowed use
Users and guests of the Alabama Learning Exchange may download, print, adapt, and use lesson plans and attached files contained in this database for their own personal or classroom use and may share them with other educators for similar purposes. It is also acceptable to link to a lesson plan from a personal or school Web site without express permission. Non-educational or commercial use of lesson plans and attached files is strictly prohibited. Requests for permission to use the lessons in situations other than classroom practice or outside accepted educational fair use guidelines must be made to the author noted on the lesson plan or other resource. This includes requests to reproduce or redistribute lesson plans in publications or other media.


Ownership
It is the policy of the Alabama Learning Exchange that sole responsibility for materials posted to its Web site rests with the individual who posts them. The author of each lesson plan is responsible for ensuring that both the text of the plan and any materials attached to it are not copyrighted by someone else; or, should the author wish to post copyrighted materials, for obtaining the necessary permission to do so. If the Alabama Learning Exchange discovers that copyrighted materials have been illegally posted to its Web site via a lesson plan, the author of the plan will be notified and the plan removed from the site until the necessary changes to the plan have been made. An author is considered to have posted a lesson plan when it is submitted for review and made available to other educators through the Alabama Learning Exchange.

The author of all original materials posted within or attached to lesson plans retains copyright to those materials, subject to the following restrictions:

1. that permission is granted to the Alabama Learning Exchange to post the plan on its Web site for such time as it deems appropriate,
2. that this permission is extended to cover all non-commercial use of your plan, including republication via the World Wide Web, as long as proper credit is given to you and to the Alabama Learning Exchange, and
3.that should the author sell the rights to all or part of the lesson plan or its attached materials, he or she agrees to notify the Alabama Learning Exchange immediately.


Terms of Use

In connection with your use of the Site, you agree you will not:

  1. Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity, exploit children under 18 years of age, promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;
  2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. Post or transmit any Material that contains a virus or corrupted data;
  5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  6. Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  7. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
  8. Use any Material or service of the Alabama Learning Exchange for commercial purposes,
  9. Violate any applicable local, state, national or international law;
  10. Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  11. Delete or revise any Material posted by any other person or entity. Unauthorized attempts to upload information or change information on this Web site are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.
  12. Manipulate or otherwise display the Site by using framing or similar navigational technology, or
  13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Alabama Learning Exchange service if you are not expressly authorized by such party to do so.

The Alabama Learning Exchange also reserves the following rights:

  • To release current or past member information in the event the Alabama Learning Exchange believes that accounts are in violation of the terms of service or Material content guidelines, used to commit unlawful acts, if the information is subpoenaed and/or if the Alabama Learning Exchange deems it necessary and/or appropriate;
  • To deny membership to offenders of these guidelines or terms of service;
  • To amend or change these guidelines at any time and without notice;

In the event that the Alabama Learning Exchange receives a complaint that the contents of any submitted Material infringes intellectual property rights or otherwise is unlawful, the Alabama Learning Exchange shall request written substantiation of the complaint from the complaining party, for example, substantiation of proof of ownership in the form of a trademark, service mark, patent or copyright registration and will take such steps that it believes to be appropriate under the circumstances, including, for example:

  1. Suspend the submitted Material immediately until the dispute is resolved;
  2. Provide the author with contact information for the complaining party;
  3. Instruct the author to contact the complaining party to resolve the dispute;
  4. Inform the complaining party of our actions and ask that party to work directly with the author;
  5. Take the following action based on the progress of the dispute:
  • If the author has not pursued resolution within 14 days of notification, the Material will be deleted;
  • If complaining party has not pursued resolution within 14 days of author's response, the material will be re-activated;
  • If legal action is pending or the dispute is not settled, the material may remain suspended until resolution is reached and the Alabama Learning Exchange is notified by both parties as to the outcome;
  • If a resolution is reached between the parties, the Material may be reactivated with any mutually agreed upon modifications.


Privacy Policy
The Alabama Learning Exchange collects no personal information about you unless you choose to provide that information to us. We do require contact information to be provided in order to establish an account and submit lesson plans and other materials. The information provided is used solely for the purpose of contacting you regarding your account or your submission of lesson plans or other materials. We do not give, share, sell, or transfer any personal information to a third party.

Non-Personal Information We Record
If you do nothing during your visit but browse through the Web site, read pages, or download information, our web site's operating system will automatically record some general information about your visit.

During your visit, our web operating system will record:

  1. The Internet domain for your internet service, such as "xschool.edu", if you connect from a school or other educational institution, or "xcompany.com" if you connect using a private Internet access account.
  2. The type of web browser (such as "Netscape version x" or "Internet Explorer version x") that you are using.
  3. The type of operating system that you use (such as Macintosh, Unix, or Windows).
  4. The date and time you visit our site, and the web pages that you visit on our site.
  5. The address of the previous web site you were visiting, if you linked to us from another web site.

We use this information for statistical analysis, to help us make our site more useful to visitors. Our system does not record personal information about individuals.

Information from E-mail You Send to Us
If you decide to send us an electronic mail message (e-mail), the message will usually contain your return e-mail address. If you include personally-identifying information in your e-mail because you want us to address issues specific to your situation, we may use that information in responding to your question. Please be aware that most e-mail is not necessarily secure against interception. Please send only information necessary to help us respond to your question.

Information Collected from Interactive Forms
When we ask you to voluntarily submit optional personal information (such as your school, email address, grade level taught, web page URL, hobbies, etc.) on an interactive form, such as that for the ALEX Forums member profile, you have the option to make the information public or not. If you elect not to make the information public to other forum users, the information is not published and will not be made available to any third party.

Site Security and Intrusion Detection
For security purposes and to make sure this service remains available to all users, our web operating system collects information that could help identify someone making unauthorized attempts to upload or change information, or otherwise damage this website.

Except for authorized law enforcement investigations, we make no other attempts to identify individual users or their usage habits. We only use raw monitoring data logs for determining trends in usage patterns and in diagnosing systems problems.

Links to Other Sites
Our policy discloses the privacy practices for the Alabama Learning Exchange Web site, but the Alabama Learning Exchange does provide links to other web sites. When you leave the Alabama Learning Exchange Web site (http://www.alex.state.al.us), you will be going to sites that are beyond our control. These other sites may send their own cookies to users, collect data, or solicit personal information. The privacy policies and procedures described here for the Alabama Learning Exchange do not apply to any external links. We encourage you to read the privacy policies of any site you link to from ours, especially if you share any personal information.


Disclaimer of Endorsement
The documents posted on this server contain hypertext links or pointers to information created and maintained by other public and private organizations. These links and pointers are provided for the user's convenience. The Alabama Learning Exchange does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of links or pointers to particular items in hypertext is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.

Warranty Information
THIS SITE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

REFERENCES TO OTHER SITES OR SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OF ANY KIND, EITHER EXPRESSED OR IMPLIED.


Limitation of Liability
THE ALABAMA LEARNING EXCHANGE IS NOT LIABLE FOR ANY COST OR DAMAGES,
INCLUDING ANY CONSEQUENTIAL DAMAGES, OF ANY KIND WHICH MAY RESULT TO THE USER DIRECTLY OR INDIRECTLY FROM THE USE OR THE INABILITY TO USE THE SITE, OR ANY INFORMATION PROVIDED ON OR DOWNLOADED FROM THE ALABAMA LEARNING EXCHANGE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, OR ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN.

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE ALABAMA LEARNING EXCHANGE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. THE ALABAMA LEARNING EXCHANGE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although the Alabama Learning Exchange tries to ensure the integrity and the accurateness of the Site, it makes no guarantees as to the correctness or accuracy of the Site. In the event that such an inaccuracy arises, please inform the Alabama Learning Exchange so that it can be corrected.
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In closing, we appreciate your interest and support of the Alabama Learning Exchange and we welcome you to our community.

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