© 2017 SHAPE America (Society of Health and Physical Educators). Reston, VA 20191
Restrictions on Use of Materials
This site is owned and operated by the Society of Health and Physical Educators (referred to as "SHAPE America", "we," "us," or "our" herein). No material from shapeamerica.org or any Web site owned, operated, licensed or controlled by SHAPE America may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use, or classroom (educational use) only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of SHAPE America's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited.
These Files May Not Be Used to Construct Any Kind of Database
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by SHAPE America. SHAPE America does not transfer title to the Software to you. You own the medium on which the Software is recorded, but SHAPE America retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
SHAPE America is pleased to hear from its members and welcomes your comments regarding SHAPE America products, including SHAPE America's electronic services. However, any information or materials submitted to, or uploaded to SHAPE America's site (including apeasonline.org) will become SHAPE America property. SHAPE America is entitled to unrestricted use of the information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information. In general SHAPE America will follow established polices for print publications, such as the SHAPE America journals.
This site is controlled and operated by SHAPE America from its offices within the state of Virginia, United States of America. SHAPE America makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into or to a national or resident of any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all SHAPE America's site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from SHAPE America if in SHAPE America's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other SHAPE America site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHAPE AMERICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHAPE AMERICA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHAPE AMERICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SHAPE AMERICA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SHAPE America and its associations do not verify or substantiate the claims of advertisers. As a matter of law, it is the responsibility of an advertiser, not the publisher, to substantiate its claims.
Terms and Conditions of Contract
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall SHAPE America be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if SHAPE America or an SHAPE America authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall SHAPE America's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.
This agreement shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
SHAPE America shall have the right at any time to change or discontinue any aspect or feature of its Web site(s), including, but not limited to, content, hours of availability, and equipment needed for access or use.
SHAPE America shall have the right at any time to change or modify the terms and conditions applicable to use of its Web site(s), or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SHAPE America's Web site, or by electronic or conventional mail, or by any other means by which users obtains notice thereof. Any use of SHAPE America's Web site(s) after such notice shall be deemed to constitute acceptance by users of such changes, modifications or additions.