Terms & Privacy

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TERMS OF USE

Effective Date: August 2017

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "You" or "User" or with “Your”) AND THE ASSOCIATION FOR TALENT DEVELOPMENT (referenced herein as "ATD") THAT APPLIES EACH TIME YOU USE OR ACCESS ANY WEBSITE AND/OR DIGITAL PROPERTIES OWNED AND OPERATED BY ATD, NAMELY www.td.org (referenced collectively herein as the “Website”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “TOU”) AS THEY GOVERN YOUR ACCESS AND USE OF THE WEBSITE. ATD IS WILLING TO LICENSE THE USE OF THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS WEBSITE AND ARE INSTRUCTED TO EXIT THIS WEBSITE OR PORTAL IMMEDIATELY.

Terms and Conditions

1. License Grant. This TOU provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Website conditioned on Your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Website solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. The content layout, formatting, and features of and access privileges for the Website shall be as determined by ATD in its sole discretion.
   
2. Restrictions. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Website. Specifically, and by way of illustration and not limitation, You may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of ATD and/or its licensor(s). If you share any articles or published content from the Website, you may only do so through the Website’s designated “share” functionality. Moreover, You may not (a) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (b) attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any ATD server or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (d) reverse look-up, trace, or seek to trace any information on any other person or entity accessing or using the Website, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or ATD's systems or networks or any systems or networks connected to the Website, (f) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person's use of the Website, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise Your identity or the origin of any message or transmittal You send to ATD on or through the Website, (h) use the Website to harvest or collect e-mail addresses or other contact information; or (i) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ATD.
   
3. User Obligations. By downloading, accessing, or using the Website in order to view any information and materials, register or enter into a transaction with or through ATD for any reason, or submit information of any kind, You represent that You are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when You provide information via a Website registration or submission form. If You provide any false, inaccurate, untrue, or incomplete information, ATD reserves the right to terminate immediately Your access to and use of the Website and to seek other remedies or damages available under law or equity. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Website. You also acknowledge and agree that use of the Internet and access to the Website is solely at Your own risk. While ATD has endeavored to create a secure and reliable Website, You should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, ATD is not responsible for the security of any information transmitted to or from the Website. You must make Your own determination as to such issues. If You wish to communicate with ATD through other means, please contact ATD at customercare@td.org or 703.683.8100.
   
4. Other Terms and Conditions. Additional notices, terms, and conditions may apply to participation, subscription, or a particular program, service, event, or solution. Moreover, if You are using the Website on behalf of an entity, please note that such entity may have a separate agreement with ATD regarding access and usage privileges to the restricted member portal areas of the Website. You agree to abide by such other notices, terms, and conditions or agreement, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Website, ATD shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to such participation, subscription, or program, service, event, or solution.
   
5. Links to the Website. ATD permits (plain) hypertext links to the primary landing page for the Website as well as to articles published on the Website. With respect to any such link(s), this TOU provides to you a personal, revocable, limited, non-exclusive, nonsublicenseable license to post a plain text link to the Website from your member profile page or social media networks. Any links to the Website should not suggest that ATD promotes or otherwise endorses or is affiliated with any third party products, services, programs, causes, campaigns, websites, or information unless ATD has provided prior written consent for such promotion, affiliation, or endorsement.
   
6. Member Profiles. ATD makes available through the Website member profiles (the "Profiles"). In addition to any other terms and conditions set forth in this TOU, You acknowledge and agree that the Profiles shall be used only for personal and non-promotional purposes and that any information of the Profiles shall not be further published, displayed, or made accessible. Accordingly, unless ATD has provided its prior written consent, You acknowledge and agree that the contents of the Profiles may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this TOU. You also acknowledge that a person or entity's Profile represents only that such person or entity is registered with and an active member of the ATD online community. ATD makes no further representations or warranties regarding any such person or entity (or the related information) listed in the Profile, and any information made available through a Profile is provided on an "AS-IS" and "AS-AVAILABLE" basis without warranty of any kind.
   
7. Privacy Policy. You understand, acknowledge, and agree that the operation of certain areas of the Website may require or involve the submission, use, and dissemination of various personally identifiable information. Please see ATD's Privacy Policy for a summary of ATD's personal identifying information collection and use practices.
   
8. User Name Handling Policy. Registration may be required for access to certain areas of the Website. These restricted areas, pages, or portals may further require both a user name and a password or adherence to other particular access requirements as designated by ATD. Only one User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both Your user name and password can gain entry to the restricted portions of the Website and to Your account. Accordingly, by using the Website, You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another User's user name and password. You will immediately notify ATD if You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. ATD will not be liable for any loss or damage arising from Your failure to comply with these obligations.

9. Postings. The Website may contain blogs, forums, message boards, portals, comment areas, questionnaires and other interactive features and functionality where Users can share and post information and/or photos, video, or audio. To the extent that the Website contains such communication forums and online communities (referenced collectively herein as “Online Communities”), You agree that by using the Website You will not upload, post, display, or transmit any of the following materials on the Website’s Online Communities:

   • anything that interferes with or disrupts the Website or the operation thereof,
   • statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,
   • unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
   • statements or material that violates other contractual or fiduciary rights, duties, or agreements,
   • statements or material that is bigoted, hateful, or racially offensive,
   • statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
   • statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
   • statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
   • statements or material that harms minors,
   • statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of ATD,
   • statements or material that misrepresents Your affiliation with any entity and/or ATD,
   • anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personally identifying information of another individual,
   • chain letters or pyramid schemes,
   • statements or materials that are deceptive or misleading,
   • statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
   • statements or material that are “off-topic” for a designated community, and
   • files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Website.

10. Permission to Use Postings. Forums are the resources and property of ATD and/or its licensors and You will not have any proprietary interest in any Forum. Moreover, by submitting content, information, or a work of authorship of any type ( "Posting") to a Forum or other portion of the Website or by otherwise using the Website to transmit or display a Posting, You automatically grant ATD a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, sublicense (or further license), distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into (or combine with) other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. Without limitation of the foregoing, ATD may require You to agree to a separate license agreement for any Posting. You represent that you have all necessary rights to make the Posting available to ATD and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that ATD has no control over the extent to which any idea or information may be used by any party or person once it's posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting Your information, content, and materials to appear on the Website ATD has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, ATD assumes no responsibility for the deletion of or failure to store any Posting and recommends that You do not post, display, or transmit any confidential or sensitive information.

11. No Pre-Screening of Postings. ATD is not responsible for screening, policing, editing, or monitoring Your or another User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to ATD's right and ability to delete or remove a Posting (or any part thereof), ATD does not endorse, oppose, or edit any opinion or information provided by You or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other User. Nevertheless, ATD reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that ATD believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to ATD or its affiliates, volunteers, services, or goodwill. If You violate this TOU, ATD may, in its sole discretion, delete the unacceptable content from Your Posting, remove or delete the Posting in its entirety, issue You a warning, and/or terminate Your use of the Website. Moreover, it is a policy of ATD to take appropriate actions under the Digital Millennium Copyright Act (“DCMA”) under U.S. Copyright Law and other applicable intellectual property laws. If You become aware of Postings that violate these rules regarding acceptable behavior or content, You may contact ATD and ATD will take action pursuant to its DMCA Takedown Policy.
    
12. Proprietary Rights. This TOU provides only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that ATD transfers no ownership or intellectual property interest or title in and to the Website to You or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by ATD (and its successors and assigns) and/or licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, ATD does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, Your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Website and its contents are Copyright ©1998-2017 Association for Talent Development and/or its licensors. All rights reserved. ATD also owns a copyright in the contents of the Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. “ATD” and all other names, designs, logos, and icons identifying ATD or ASTD and its programs, events, solutions, or services are proprietary trademarks of ATD, and any use of such marks, including, without limitation, as domain names, without the express written permission of ATD is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

13. GOVERNMENT RIGHTS. The use of the Website including, without limitation, its reproduction and display by the United States of America and/or any other country and its or their respective instrumentalities (including prime contractors or any other contractor at any tier), agencies, or offices, regardless of form (collectively, the "Government"), shall be governed by this TOU. Accordingly, the Website is provided to the Government with LIMITED RIGHTS and/or RESTRICTED RIGHTS (as applicable). Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (g) of the Rights in Data – General clause at 48 C.F.R. § 52.227-14, subparagraphs (b)(1) and (2) of the Commercial Computer Software License clause at 48 C.F.R. § 52.227-19, or subparagraph (b)(1) of Technical Data--Commercial Items clause at D.F.A.R.S. § 252.227-7015, as applicable. Moreover, all ATD products and materials, including the Website, are commercial in nature and were not first produced in the performance of any Government contract. Accordingly, the data, software and documentation available through the Website Data are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or D.F.A.R.S. § 252.227-7014, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to Government end users (a) only as Commercial Items and (b) with only those rights as are granted to other end users pursuant to the terms and conditions herein. For any use of the Website that would require compliance by ATD with a particular Government requirement not identified herein or that would affect ATD's rights, the applicable Government entity, agency, or office must notify ATD of said Government requirement and obtain a waiver or exemption from such requirements for the benefit of ATD before any government access to the Website. Any Government Licensee shall also affix the following “Government Rights Notice” to any copy of any information downloaded or printed from the Website made available to any Government Authorized User:

    Government Rights

    (a) Data. This data is submitted with limited rights and is subject to the terms of the Association for Talent Development ("ATD’s") current commercial license agreement. This data may be used by the Government with the express limitation that the Government will not, without written permission of the ATD, be used in any manner prohibited by ATD’s current commercial license agreement.

    (b) Software. Use, reproduction, or disclosure is subject to restrictions set forth in ATD’s current commercial license agreement.

    (c) This notice shall be marked on any reproduction of this data, in whole or in part.

14. Feedback. ATD welcomes Your feedback and suggestions about ATD's programs or services or with respect to how to improve the Website. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to ATD, You represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to ATD and enable ATD to use such Feedback. In addition, any Feedback received through the Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ATD to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary.

15. Third Party Products & Services. ATD, in its sole discretion, may feature and/or post the advertisements or logos of third parties on the Website and/or feature or utilize on the Website materials, programs, products, and services provided by third parties over which ATD has no control. ATD makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Website are solely between You and such third party. Accordingly, ATD expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and You agree that ATD shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.
    
16. Links to Other Websites. ATD may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by ATD and are maintained by third parties over which ATD exercises no control. Accordingly, ATD expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
    
17. Mobile Services. The Website may offer certain tools or services that are available to You via Your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, You are responsible for checking with Your mobile carrier to determine if the Mobile Services are available for Your mobile devices, what restrictions, if any, may be applicable to Your use of the Mobile Services, and how much they will cost You. Nevertheless, all use of the Website and its Mobile Services shall be in accordance with this TOU.
    
18. Disclaimer. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, ATD MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME AND FOR ANY REASON. ATD MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES, MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. ATD ALSO MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THIS WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE WEBSITE IN A MANNER FREE OF LOSS, VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES.
    
19. Limitation of Liability. You expressly absolve and release ATD from any claim of harm resulting from a cause beyond ATD's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATD BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ATD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF ATD FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ATD IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.
    
20. Governing Law. This TOU has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in the Commonwealth of Virginia. You agree to the personal jurisdiction by and venue in the state or federal courts in the Commonwealth of Virginia and waive any objection to such jurisdiction or venue. Any claim You might have against ATD must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You access the Website on Your own volition and are responsible for compliance with all applicable laws with respect to Your access and use of the Website. In any legal proceeding brought by ATD, ATD shall have the right to seek and be awarded all reasonable attorneys' fees and costs in addition to any other relief, at law or in equity, to which ATD may be entitled.
    
21. Enforcing Security on the Website. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. ATD reserves the right to view, monitor, and record activity on the Website without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. ATD will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, ATD reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website in order to protect the Website, ATD, or ATD's business.
    
22. Injunctive Relief. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of ATD proprietary assets, will cause irreparable injury to ATD, such injury would not be quantifiable in monetary damages, and ATD would not have an adequate remedy at law. You therefore agree that ATD shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that ATD post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ATD to enforce any provision of this TOU.
    
23. Term & Termination. This TOU will take effect (or re-take effect) at the moment You check the box certifying that You have read, understand, and agree to abide by the terms and conditions of the Website, register, respond through the Website to a request for information, and/or begin downloading, accessing, or using the Website, whichever is earliest. ATD reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOU, to deny Your access to the Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact Your membership status with ATD. You may also terminate this TOU at any time by ceasing to use the Website, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Website will reapply this TOU (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Website in Your possession. The provisions concerning ATD's proprietary rights, feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
    
24. Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by ATD of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
    
25. Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and ATD as result of this TOU or Your utilization of the Website. This TOU represents the entire agreement between You and ATD with respect to use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and ATD with respect to the Website. You may not assign or transfer any rights under this TOU without the prior written consent of ATD. Please note that ATD reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to You. In addition, ATD may add, modify, or delete any aspect, program, or feature of the Website, but ATD is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Website following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.
    

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PRIVACY POLICY

Effective Date: August 2017

The Association for Talent Development (referenced herein as “we,” “us,” or "ATD" or with “our”) has developed this policy statement to assist end users (referenced herein as "you" or "user" or with “your”) of the websites and/or digital properties owned and operated by ATD in understanding why ATD collects personally identifiable information (the "Privacy Policy"). The following Privacy Policy summarizes the personally identifiable information gathering and use practices for all websites and/or portals owned and operated by ATD namely www.td.org (collectively, as referenced herein as the “Website” (although collection or use of information will vary based on the particular Website or portal visited by you)).

ATD reserves the right to change this Privacy Policy at any time to address changes to its information collection, disclosure, or use practices or changes in law. If ATD makes changes to this Privacy Policy, ATD will post those changes at this location and provide notice of any material changes so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Please review this Privacy Policy on a periodic basis.

1. Information We Collect.
   • Technical Information gathered automatically. When you browse our Website without registering or signing in, you do so anonymously. Generic information from server logs is used to track the number of hits to the Website and to find out what types of browser software and operating systems visitors use.
   • Personal Information you provide to us. On various pages of the Website, you will have an opportunity to provide information to us about yourself, such as your name, address, place of employment, job title, photograph, phone number, and email address. You may provide this information when you register with the Website or send a message on the Website. In addition, when you register on our Website or send a message on the Website, your personally identifiable information, including your email, will be added to our customer database and distribution list.
   • Financial Information: ATD may collect credit or debit card information to facilitate a transaction.
2. Use of Information. Parts of the Website are informational in nature and publicly available to all users. Consequently, until you participate in surveys, chats, programs, or events, create an account on the Website, join ATD to become a member, and/or register your name for networking with or request information from ATD, you are able to browse the Website without providing any personally identifiable information, although your browser may tell us what type of computer and operating system you are using as well as other kinds of technical information. Below, ATD sets forth more detail on how ATD uses your personally identifiable information.
   • Personal and Contact Information: ATD may use your personal and contact information to operate the Website and, in particular, facilitate the education, interactive community and networking capabilities of the Website, advertise its services and the goods and services of its members and third parties, create a personalized experience for you, provide you with news, articles, and information, contact you regarding a survey, get in touch with you when necessary with respect to transactions conducted through the Website, material changes in the Website’s policies and agreements, new products, events, tools, offerings, or services ATD may offer, or otherwise. ATD may also share your contact information with ATD’s members, service providers, or business partners, as is necessary to provide ATD's services and information, for advertising purposes, to host, operate, or facilitate transactions through the Website, including, without limitation, registration for membership, events, or for internal business purposes. Refer to Section 7 (“Your Choices”) within this privacy policy for information on opting out of receiving communications. In addition, ATD may supplement the personally identifiable information collected from you with information from other sources, such as from business partners, in order to enhance ATD's ability to provide or advertise its services or those of other entities or to otherwise tailor, manage, or operate the Website.

     The Website may also allow you to create a customer or member profile (“Profile”) and participate in Online Communities. You have choices about the information you include in your Profile, such as your job title and photograph. ATD wishes to remind you that any information you disclose in your Profile or in a communication forum, including any personally identifiable information, could become public information and visible to all ATD members. You may opt out of making such information public by logging into www.td.org and adjusting the privacy settings of your Profile.

   • Demographic Information: ATD may share demographic data on an aggregated basis, which will not identify any particular user, with ATD's members, partners and affiliates and for advertising or other technical or business purposes.
   • Financial Information: ATD will use financial information to facilitate the order of a service or other identified transactions.
   • Survey Results: ATD may share survey results collected through the Website with its business partners, members, and affiliates and/or the general public, the news media, and with the U.S. Government and state governments, not only for business or marketing purposes or as may be required by law, but also to participate in government programs and initiatives.
   • Technical Information: ATD will use this information to facilitate educational opportunities, provide content, participation, or otherwise allow access to or use of certain information, tools, or features and for improving the Website’s performance, usability, and design. ATD may also use technical information to help diagnose problems with ATD's servers, analyze Website usage trends, track user movements on the Website, and to otherwise manage and monitor the Website.
   • Business Transactions: In the event that ATD goes through a business transaction, such as a merger or acquisition by another entity involving the sale of all or a portion of its assets, please note that the personally identifiable information collected and retained by ATD may be among the assets transferred. In the event a transaction of this kind occurs that results in the transfer of personally identifiable information, ATD will notify you via e-mail and/or place a prominent notice on the Website for 30 days of any such change in ownership or control and the possible changes to this Privacy Policy.
   • Legal Action: ATD may disclose personally identifiable information when legally required to do so in accordance with government requests or regulations or legal proceedings. ATD may also disclose personally identifiable information to protect against misuse or unauthorized use of the Website or as is otherwise required to limit legal liability, protect or defend ATD's rights, property, or interests, or protect the safety, rights, or property of ATD’s users.
3. Children’s Privacy. ATD cares about the safety of children on the Website and encourages parents and guardians to monitor their children’s use of the Internet. Although the Website is suitable for a general audience, this Website is intended for use only by users who are over 18 years of age. Accordingly, ATD does not knowingly solicit personally identifiable information from children under the age of 18 and reserves the right to limit participation in particular activities on or through Website to individuals above a certain age.
   
4. Cookies & Computer-Related Information. ATD or its contractors may use cookies, web beacons, tags, log-in files, and/or other similar data collection or tracking techniques to enhance and/or monitor your experience while using the Website. Cookies and other related techniques are generally pieces of information, which ATD uses for record-keeping purposes and which the Website may transfer to us and/or your computer’s Web-browser for storage on our server(s) or your computer. Cookies and other related techniques enable ATD to manage and/or customize your experience on the Website, including available advertisements. Cookies and other related techniques also make Web-surfing or site review easier by automatically performing certain functions such as saving your personal preferences and by providing targeted content. ATD, however, will not use cookies to record passwords or credit card or other financial information.
   
   Many consider the use of cookies and such identifiers to be an industry standard measure. Consequently, your Web browser is likely set to accept cookies or allow other identifiers. If you would prefer not to receive cookies or allow identifiers, however, you can alter the configuration of your browser to refuse cookies or surf anonymously. If you choose to have your browser refuse cookies or surf anonymously, you should understand that it is possible that some areas of our Website will not function properly when you view them.
   
5. External or Third Party Websites. To the extent hyperlinks or gateways (whether through banner advertisements or otherwise) are utilized to access external or third party sites, you should be aware that these external or third party sites may collect personally identifiable information and are not controlled by ATD and therefore, are not subject to this Privacy Policy. ATD suggests that you check the privacy policies of these sites to determine how the proprietors of these third party sites will utilize your personally identifiable information.

   This Website may include social media features. These features may collect information from you, such as which page you are visiting on the Website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on the Website. Your interactions with these features are governed by the privacy policy of the company providing it. Please see below for more information on advertising activities on the Website.

   
   
6. Collection of Information by Third-Party Websites. We sometimes may offer content (e.g., promotions) that is sponsored by or co-branded with an identified third party. In these instances, the third party may obtain information that you voluntarily submit to participate in a Website activity. We have no control over the third party’s use of this information. The Website will notify you at the time of information collection if a third party will obtain such information.
   
7. Your Choices. We may use the personally identifiable information we collect from you to offer you products and services that may be of interest to you. ATD makes its customer, conference attendee, and some webcast registrant lists available to other reputable organizations whose products or offerings may be of interest to the ATD community. If you would like to opt out of receiving these materials (electronic or hard copy), you may contact ATD Customer Care by email at customercare@td.org or by following the unsubscribe instructions of the communication received. Additionally, you may select the content and offerings you wish to receive. To select your preferences, see the “My Account” section of www.td.org and “Set Email Preferences” and “Communications Preferences.”

   Please note: all new and renewing ATD members will receive a welcome and orientation email from ATD explaining how to access member-only benefits and content.

   
   
8. Data Security. We have implemented commercially reasonable technical and organizational security measures to protect personally identifiable information submitted to us against accidental loss, unauthorized access, misuse, disclosure or alteration of information that we have collected from you at our Website that is under our control. Please be aware, however, that no method of data transmission over the Internet, or method of electronic data storage, is 100% secure. Therefore, while we strive to protect your personally identifiable information, we cannot guarantee the absolute security, integrity, and privacy of any or all information exchanged between you and us through the Website. We make no warranty, express, implied or otherwise, that we will prevent unauthorized access to or use of your personally identifiable information.
   
9. California Privacy Rights. California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding our disclosure of personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please write to us at the address below.
   
10. Governing Law. This Privacy Policy shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The Website and the servers that host the Website are located in the United States. Any information you provided will be transferred to the United States. By visiting and using the Website and submitting personally identifiable information thereto, you therefore authorize this transfer of your personally identifiable information to the United States. If any part of this Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision or part will be deemed suspended by a valid, enforceable provision that most closely matches the intent of the original provision or part and the remainder of this Privacy Policy shall continue in full force and effect.
    
11. Contacting Us. Comments or questions can be directed to the Association for Talent Development by using our contact information. We will respond to reasonable requests (as determined by Association for Talent Development staff) for information as rapidly as possible, subject to both our discretion and legal limitations. You may write to us at:
    
    Association for Talent Development
    Attention: Director, Customer Care
    1640 King Street
    Alexandria, VA 22314
    

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Terms of Sale & Subscription

PLEASE READ CAREFULLY THE FOLLOWING.

Virtual Content and Recordings

Access to ATD virtual content, including conference session recordings, member-only videos, virtual conferences, webcasts, or any other type of recorded or live presentation made available is copyright ATD (unless otherwise noted) and is for individual use and viewing only.

Schedule Changes

Dates and times are subject to change. If the details of the event change (such as a time change), you will be notified through email.

Single Use

Virtual content and recordings purchase and access is single use only. Sharing of account or login information is not permitted. Multiple computers accessing a webcast or virtual conference simultaneously from the same account is not permitted. Questions on enterprise access to ATD content or membership can be directed to the ATD Enterprise Solutions team by email: enterprise@td.org.

Typographical Product Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, ATD shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, ATD shall immediately issue a credit to your credit card account in the amount of the charge.

Product Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order for a product from the ATD Web site, nor does it constitute confirmation of our offer to sell any product from the ATD Web site.  ATD reserves the right at any time after receipt of your order to accept or decline your order for a product for any reason.  ATD reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.  All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our finance department.  We may require additional verifications or information before accepting any order.

Sales Taxes

ATD shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Virginia. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Product Guarantee

All of ATD's products available for sale through the ATD web site are guaranteed against defects for 30 days from the date of sale/invoice. Except as expressly stated herein, ATD makes no representations or warranties either expressed or implied, of any kind with respect to products sold on the ATD site, including any warranties of merchantability or fitness for a particular purpose. You agree that the sole and exclusive maximum liability to ATD arising from any product sold on the ATD sites shall be the price of the product ordered. In no event shall ATD, its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to product(s) sold.

 

 

ATD Resource Center Terms of Service

This is an Agreement (“Agreement”) between you (“You,” “the Company,” or the “Authorized User”) and the Association for Talent Development (“ATD”). The terms of service (“TOS”) govern your access to the ATD Resource Center (“ATD Resource Center”).

License Grant. The ATD Resource Center is provided by ATD, and this TOS provides to the Company a corporate, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the ATD Resource Center. You may also load information from the ATD Resource Center into your laptop's, workstation's, or computer's temporary memory (RAM) and print and download materials and information from the ATD Resource Center solely for your business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the ATD Resource Center. You expressly acknowledge and agree that ATD transfers no ownership or intellectual property interest or title in and to the ATD Resource Center to you or anyone else. All content contained on or available through the ATD Resource Center, unless otherwise indicated, is owned, controlled, and / or licensed by ATD and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Any downloadable or printable programs, directories, databases, information, or materials available through the ATD Resource Center and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by ATD. The Association for Talent Development, ATD, the ATD logo, and all other names, logos, and icons identifying ATD and its programs, products, and services are proprietary trademarks of ATD, and any use of such marks, including, without limitation, as domain names, without the express written permission of ATD is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

LIMITATION OF LIABILITY. IN NO EVENT SHALL ATD BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ATD RESOURCE CENTER, WITH THE DELAY OR INABILITY TO USE THE ATD RESOURCE CENTER, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE ATD RESOURCE CENTER, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ATD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ATD FOR ANY REASON WHATSOEVER RELATED TO USE OF THE ATD RESOURCE CENTER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ATD IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.

INDEMNITY. You agree to defend, indemnify, and hold harmless ATD and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.

GOVERNING LAW. The Company acknowledges shall be governed and enforced in accordance with the laws of the Commonwealth of Virginia. The Company acknowledges that the state and federal courts of the Commonwealth of Virginia shall be the exclusive fora for the resolution of any disputes concerning this TOS, and the Company agrees to submit to the jurisdiction of such courts.

TERM AND TERMINATION. The Company’s access to and billing for the ATD Resource Center will be made available upon payment of invoice or receipt of Company Purchase Order. The access will remain enforce for the term of one (1) year. Access will automatically terminate at the end of the Term unless the Company signs a new ATD Resource Center Activation Order for the next Term. In addition, ATD reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the ATD Resource Center or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must destroy all copies of any aspect of the ATD Resource Center in your possession. The provisions concerning ATD's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, admissibility of this TOS, waiver and severability, integration, and governing law will survive the termination of this TOS for any reason.

MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to ATD, such injury would not be quantifiable in monetary damages, and ATD would not have an adequate remedy at law. You therefore agree that ATD shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that ATD post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ATD to enforce any provision of this TOS. The parties agree that this TOS is for the benefit of the parties hereto as well as ATD's licensors. Accordingly, you may not assign your rights or obligations to any other person or entity, not identified in the ATD Resource Center Activation Order, without ATD's prior written consent. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and ATD as result of this TOS or your utilization of the ATD Resource Center. Headings herein are for convenience only. This TOS, along with the ATD's Privacy Policy and associated ATD Resource Center Activation Order (and its Terms and Conditions) with ATD for the ATD Resource Center, represents the entire agreement between you and ATD with respect to use of the ATD Resource Center, and it supersedes all prior communications and proposals, whether electronic, oral, or written between you and ATD. In the event of any conflict between this TOS and the ATD Resource Center Activation Order Form, the ATD Resource Center Activation Order shall control. Unless otherwise agreed to by ATD, please note that ATD reserves the right to change the terms and conditions of this TOS and the manner under which the ATD Resource Center (and its functionality) is extended to you by providing you notice or a copy of such revised terms. ATD may also change or modify any aspect of the ATD Resource Center.

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Digital Millennium Copyright Act Takedown Policy

The Association for Talent Development (“ATD,” also identified herein as “we” or “us”) respects the intellectual property rights of others and expects others to do the same. Accordingly, it is ATD's policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”). If you (with end users, claimants, or visitors identified herein as “You”) believe that any materials made accessible by ATD have been used or copied in a way that infringes Your copyright, trademark, or other intellectual property rights, You may request removal of those materials from the ATD website or any other digital properties owned and operated by ATD (referred to collectively as the “Website”) by providing written notice to ATD’s designated agent as specified below along with the following information:

• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• A description, in reasonable detail (including any applicable URL address), of the copyrighted work that You claim has been infringed;
• A description, in reasonable detail, of where the material that You claim is infringing is located on the Website;
• Your address, telephone number, and e-mail address;
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by You, made under penalty of perjury, that the above information in Your written notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. ATD WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS PROVIDED.

Notice And Takedown. If ATD receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. ATD will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as further described below. In addition, ATD may, at its discretion, deny access to its Website by disablement and/or termination of accounts.

Designated Agent. ATD’s designated copyright agent to receive DMCA notices is Association for Talent Development

Director of Production
American Society for Training & Development (ASTD) DBA Association for Talent Development (ATD)
1640 King Street
Alexandria, VA 22314
Phone: 703-683-8100
Email: publications@td.org

Upon receipt of proper notification of claimed infringement, ATD will follow the procedures outlined herein.

Copyright Counter-Notices. If ATD terminates or suspends Your access to or use of the Website, ATD will make a good-faith attempt (as warranted) to contact You so that You may make a counter notification pursuant to applicable laws. It is ATD's policy to document all notices of alleged infringement upon which ATD decides to take action. If content You posted on the Website was removed due to a claim(s) of copyright or intellectual property infringement and You would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:

• To file a counter-notification with us, You must provide a written communication that sets forth the items specified below.
• Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability, including, but not limited to, attorney’s fees and costs. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if You are not sure whether certain material infringes the copyrights of others, we suggest that You first contact an attorney.

Elements of Counter-Notification. To expedite our ability to process Your counter-notification, please use the following format (including section numbers):

1. Identify the specific URLs of material that ATD has removed or to which ATD has disabled access.
2. Provide Your full name, address, telephone number, email address and, if You are a member or customer of ATD, your member or customer number.
3. Provide a statement that You consent to the jurisdiction of the courts of the Commonwealth of Virginia, and that You will accept service of process from the person who provided notification to ATD in accordance with the process outlined above or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.”
5. Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the designated copyright agent listed above.

After we receive Your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of Your identifying information set forth in the counter-notification. By submitting a counter-notification, You therefore consent to having such identifying information revealed in this way.

After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain You from engaging in infringing activity relating to the material on the Website. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

Foreign Counter-Notification. If You reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between You and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in Your country and/or the United States of America if You make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if You are not sure whether content You posted on the Website is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we recommend You first contact a lawyer knowledgeable in the laws of the United States. If You do wish to file a counter-notice, You should follow the process set forth above under the heading “Elements of Counter-Notification.”

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