Texas Tech University.



This material is based upon work supported by the National Science Foundation under ADVANCE-PAID Grant SBE-0618406. Any opinions, findings, conclusions or recommendations expressed are those of the author(s) and do not necessarily reflect the views of the National Science Foundation.

Partnership of Women in Engineering, Research, & Science

About the PoWERS ListServ
Subscribe to the PoWERS ListServ | Unsubscribe from the PoWERS ListServ
Post Messages | View Messages | ListServ Instructions (PDF)
Terms of Use | Privacy Policy

PoWERS Listserv: Terms of Use and Disclaimer

Welcome to the Partnership of Women in Engineering, Research and Science ("PoWERS") web site (the "Site"). The Site includes powers.ttu.edu and any other web site or services available through such Site owned or operated by PoWERS. Please review the following terms and conditions concerning your use of the Site. By accessing, using, or downloading any information and/or materials from the Site, you agree to follow and be bound by these terms of use (the "Terms of Use"). If you do not agree with these Terms of Use, please do not use the Site.

These Terms of Use may be updated by PoWERS from time to time without notice to you. In addition, when using particular PoWERS services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are incorporated by reference into these Terms of Use. PoWERS may also offer other services that are governed by different Terms of Service. Certain additional terms governing the PoWERS Listserv are set forth below and on the PoWERS Site, including the PoWERS FAQs.

PRIVACY POLICY

Your use of the Site is subject to PoWERS's Privacy Policy, which contains disclosures relating to the collection and use of your personal information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by PoWERS and its affiliates.

REGISTRATION

Where the Site enables you to register for particular service offerings, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PoWERS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PoWERS, its employees or designees shall have has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

With respect to the PoWERS Listserv, if you cease to qualify for membership in the PoWERS Listserv according to the PoWERS FAQs, or PoWERS has reasonable grounds to suspect that you cease to qualify for membership in the PoWERS Listserv as set forth in the PoWERS FAQs, PoWERS, its employees or designees shall have the right to suspend or terminate your account and refuse any and all current or future use of the PoWERS Listserv.

Without limiting the foregoing, PoWERS and its designees reserves the right to remove you or other User Content from the PoWERS Listserv for any reason it deems necessary, including but not limited to, the posting information that is off topic, the sharing information outside of the PoWERS Listserv, or any other act in violation of the PoWERS FAQs.

You will receive a password and account designation upon completing the a registration process. You are responsible for maintaining the confidentiality of the passwords and accounts, and are fully responsible for all activities that occur under your passwords or accounts. You agree to:
(a) immediately notify PoWERS of any unauthorized use of your passwords or accounts or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. PoWERS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

The PoWERS Site provides an email forum or listserv for members ("PoWERS Listserv"). A password protected account is provided for subscribers of the PoWERS Site to access this forum. If the password is no longer secure, the subscriber may change the password by accessing the Systers Site at http://changethisurltolyris and clicking the Edit Options button.

USE OF THE SITE

The Site is intended to create a friendly environment for you to express your thoughts and learn from others, and in order to maintain this objective Your right to use and access these Site is limited to your personal, non-commercial, viewing purposes. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party's use and enjoyment of any Site. You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

Except for User Content, all information, data, text, photographs, graphics, video, messages or other materials available or accessible on the Site ("PoWERS Content") are owned by PoWERS or its licensors. You may download one copy of the PoWERS Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right to any PoWERS Content.

USER CONTENT

Where the Site enable you to submit or post content, You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you, and not PoWERS, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Site. PoWERS does not control and is not responsible the User Content posted via the Site. Under no circumstances will PoWERS be liable in any way for any User Content. Children under the age of 13 are not authorized to submit User Content.

PoWERS does not claim ownership of User Content you submit to PoWERS or make available for inclusion on the Site. By providing such User Content to PoWERS, you hereby grant and agree that PoWERS shall have a non-exclusive, transferable, royalty free, fully-paid up, irrevocable, perpetual, worldwide right and license to copy, use, make derivative words of, display, distribute any otherwise exploit all User Content and all intellectual property rights therein. PoWERS shall be free to use and/or disseminate such User Content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the User Content that you provide, and that you, not PoWERS, have full responsibility for the Submissions, including their legality and copyright.

Notwithstanding the foregoing, User Content submitted by members through the PoWERS Site and PoWERS Listserv for purposes of participating in the email forums are made available by PoWERS solely through such listservs to other PoWERS members, and to the moderators and maintainers of the lists and PoWERS personnel and are subject to any additional rules and guidelines set forth on the PoWERS Site.

With your prior written permision, in order to benefit members of the public who are not on the list, discussions of certain topics may be extracted from PoWERS Listserv conversations by removing all Personal Information (as defined in the Privacy Policy) and then posting summaries and aggregated data on the Site. Accordingly, the foregoing license granted to PoWERS is limited to the foregoing uses. If you are a PoWERS member, you agree to respect and comply with such limitations on use of such User Content. You acknowledge that PoWERS may or may not pre-screen User Content, but that PoWERS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or delete any User Content.

Without limiting the foregoing, PoWERS and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable. You acknowledge, consent and agree that PoWERS may access, preserve, and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Terms of Use;
(c) respond to claims that any User Content violates the rights of third-parties;
(d) respond to your requests; or
(e) protect the rights, property, or personal safety of PoWERS, its users and the public.

ACCEPTABLE USE

You will not engage in activities on the Site and on the services available through the Site, including the PoWERS Site and PoWERS Listserv, and specifically you will not submit User Content, that:

  1. infringes any party's copyright, trademark, trade secret or other intellectual property or proprietary rights (and by submitting User Content you represent to PoWERS that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner);
  2. constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for PoWERS to lose (in whole or in part) the services of our ISPs or other suppliers;
  3. is content that PoWERS considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable;
  4. impersonates or claims the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;
  5. is for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including "spam" or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth herein;
  6. contains any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Site in any way; or
  7. is defamatory, obscene or unlawful, or an invasion of privacy or publicity rights or any other third party rights.

MODIFICATION AND TERMINATION OF SITE

PoWERS reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice. You agree that PoWERS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. PoWERS may also make improvements and/or changes in the products, services and/or the programs described in this Site at any time without notice. However, PoWERS disclaims any responsibility to update, improve or change this Site.

OTHER SITES AND RESOURCES

The Site may include links to other sites and resources. Because the PoWERS has no control over such sites and resources, you acknowledge and agree that the PoWERS is not responsible for the availability of such site or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such site or resources. You further acknowledge and agree that the PoWERS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or site available on or through any such site or resource.

INTERNATIONAL USE

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. The PoWERS makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.

DISCLAIMER OF WARRANTIES

THE INFORMATION ON THIS SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND MERCHANTABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
(b) PoWERS MAKES NO WARRANTY THAT
     (i) THE SITE WILL MEET YOUR REQUIREMENTS,
     (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
     (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE Site WILL BE ACCURATE OR RELIABLE;
(c) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA; AND
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY BY PoWERS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PoWERS, TEXAS TECH UNIVERSITY, TEXAS TECH uNIVERSITY HEALTH SCIENCE CENTER, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PoWERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SITE;
(ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(iv) ANY OTHER MATTER RELATING TO THE SITE.

IN NO EVENT SHALL PoWERS' LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold PoWERS, and its affiliates, and their respective directors, officers, volunteers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our site, your violation of the Terms of Use, or your violation of any rights of another person or entity, or any claim alleging any of the foregoing.

NOTICES

Notices to you may be made via either email or regular mail. PoWERS may also provide notices of changes to this Terms of Use or the Site by displaying notices or links to notices to you generally on the Site.

GENERAL

This Terms of Use constitutes the entire agreement between you and PoWERS with respect to the Site and supersedes all prior agreements and understandings between you and PoWERS. PoWERS' failure to enforce any provision of this Terms of Use will not be construed as a waiver of any provision or right. In the event that a portion of this Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. This Terms of Use shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Both parties submit to personal jurisdiction in Texas and further agree that any cause of action relating to this Terms of Use shall be brought in a court in Lubbock County, Texas.