Website Terms of Use and Privacy Policy

Welcome to www.cael.org (the “Website”), owned and operated by Council for Adult and Experiential Learning (CAEL), Inc. (the “Company”). The following provisions consist of the Company’s terms of use and privacy policy for the Website (collectively, the “Website Terms”). By using the Website, you are accepting the Website Terms. These terms create a legally binding agreement between you and the Company in relation to the Website, your use of the Website, and the Company’s use of your private information. The Company reserves the right to update and change these Website Terms by posting updates and changes to the Website. You are advised to check these Website Terms from time to time for any updates or changes.

1. Eligibility. To use the Website, you must have reached the age of majority in the state or country in which you reside, be no less than eighteen (18) years of age, and be fully able and competent to enter into and abide by these Website Terms.
2. Website Usage.
   1. Non-exclusive; Non-commercial use. The Website is offered to you on a non-exclusive basis for your sole, personal, non-commercial use.
   2. No Illegal, Unintended, or Unauthorized Use. You may access the Website solely for the intended purpose of the Website, through normal functionality of the Website. You may not use the Website for any illegal or unauthorized purposes. You may not use the Website in a way that could damage its content or impair its operation in any way. You agree not to access, or attempt to access, any portion of the Website by any means other than through the interface that is provided by the Company, unless you have been specifically allowed to do so in a separate agreement by the Company. You specifically agree not to access, or attempt to access, any portion of the Website through any automated means, including use of scripts or bots.
   3. The Company’s Content. The site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof) are owned by CAEL, our licensors, or other providers of such material and are protected by United States of America and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
      

       

These Terms permit you to use the site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Access or use for any commercial purposes any part of the site or any services or materials available through the site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the site in breach of the Terms, your right to use the site will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the site or any content on the site is transferred to you, and all rights not expressly granted are reserved by CAEL. Any use of the site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Pursuant to the Digital Millennium Copyright Act, you agree to report any claims of copyright infringement on or through the site to our designated agent at: CAEL, Attn: DMCA Designated Agent, 301 Grant Street, Suite #270, Pittsburgh, PA 15219. Additional information regarding our DMCA designated agent is available at the U.S. Copyright Office’s online directory.

4. Local Rules. You hereby agree to comply with all applicable local rules regarding online conduct and acceptable content. The Company may remove content and accounts containing content that the Company determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or in violation of any third party’s intellectual property or other legal rights.

3. Limitation of Liability; Disclaimer of Warranties; Indemnification.
   1. The Website may include content created and uploaded by third parties. Because the Company has no control over such content; you acknowledge and agree that the Company is not responsible for and does not assume responsibility or accept liability for materials or communications submitted by users in member portals or interactive event sessions. You retain responsibility for any content you submit through the Website. You further acknowledge and agree that the Company shall not be responsible for 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 available on or through member portals or interactive event sessions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE WEBSITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (IV) ANY SERVICES, MEMBERSHIPS, OR REGISTRATIONS PURCHASED FROM THE COMPANY THROUGH THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
   2. You expressly understand and agree that:
      1. Your use of the Website is at your own discretion and risk. The Company disclaims any responsibility for any harm resulting from accessing information or material on the Internet using the Website. The Website is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
      2. The Company and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that the Website will meet your requirement. The Company does not represent or warrant that any information on the Website is accurate, complete, current, reliable, or error-free. All reliance on Website information is at your own risk. To the maximum extent permitted by law, the Company disclaims all liability for any errors or omissions in such information and shall not be liable for any loss or damage arising from reliance on information made accessible on the Website.
      3. Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
   3. You hereby agree to defend, indemnify, and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claims, losses, damages, and expenses, including court costs and reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, or otherwise make available through the Website, your use of the Website, your connection to the Website, your violation of these Website Terms, or your violation of any rights of another party.
4. Data Collected by the Company.
   1. When you use the Website, the Company and/or third-party affiliates may collect personally identifiable information that you provide to the Company, such as your name, company, employer, address, phone number, email address, credit card information, social media credentials, or photo. The Company will only use your credit card information for purposes of receiving and processing payments from you to the Company. The Website may collect such information from various platforms and Website applications, including, but not limited to, content posted by the Company, promotional emails sent by the Company, articles published by the Company, and forums sponsored by the Company.
   2. With your permission, the Company may also access other profile and personal information from third-party websites. Such information may include usernames, photos, or other such data that you have posted on third-party websites.
   3. The Company may use one or more third-party payment platforms to collect payment, and is not responsible for any issues or delays caused by the third-party platforms.
   4. Website systems may also collect and associate your personal information with your activities in providing the Website to you (such as pages you view, memberships purchased, or events registered for).
   5. When you send an email or other communication to the Company, the Company may retain those communications to process your inquiries, respond to your requests, and improve the Website.
   6. The Company uses certain generic visitor information to better understand how visitors use the Website. This information is commonly made available by web browsers and servers, and may include the IP address assigned to your computer, and data about browser type, language preference, referring website, and the date and time of each visitor request.
5. The Company’s Use of Data.
   1. The Company maintains and processes some personal information to provide access to its visitors and to effectively operate the Website.
   2. The Company uses your name, company name, and email address to notify you of updates that you have requested, as well as other information. There may also be instances where the Company provides your name, company name, email address or other information provided by you to its partners and affiliates so that they can provide you with requested information.
   3. The Company may work with various partners, affiliates, and sponsors to provide its visitors with access to content, conferences, and trainings, both physical and virtual. When you access such content through the Website, the Company may use and provide your personally identifiable information to those partners, affiliates, and sponsors, subject to their applicable privacy policies. By accessing such content, you consent to the Company sharing your personally identifiable information with these third parties for the purpose of providing you with the applicable content, conference, or training.
   4. To operate the Website, the Company may make identifiable and anonymous information available to third parties in limited circumstances: (1) with your express consent; (2) in anonymized or aggregated form for research purposes; (3) when the Company has a good faith belief that it is required by law; (4) when the Company has a good faith belief that it is necessary to protect the Company’s rights or property; or (5) to any successor in a merger, acquisition, liquidation, dissolution, or transfer of assets. Your consent will not be required for disclosure in these cases, but the Company will attempt to notify you, to the extent permitted by law to do so.
6. Unaffiliated Third Parties. Visitors should be aware that what they share on the Website may be discovered by third parties without the involvement of the Company, including, without limitation, search engine crawlers and bots. Visitors should take this into consideration whenever sharing any information on the Website.
7. Unauthorized Minors. The Company does not knowingly collect personal information from individuals under the age of thirteen (13). If you believe that the Company has inadvertently collected such information, please contact the Company immediately, so the Company can promptly obtain parental consent or remove the information.
8. Security. Information collected by the Company may be stored or processed on computers located wherever the Company does business. The Company takes reasonable steps to secure your personally identifiable information against the unauthorized access, alteration, disclosure, or destruction of data. However, no security method can be guaranteed to protect information from hackers or human error.
9. Proprietary Rights. All content on the Website, including but not limited to text, graphics, images, audio, video, data, software, designs, trademarks, service marks, and logos, together with any products offered, are owned by the Company or licensed to the Company by third parties and are protected by copyright and other intellectual property laws. Content on the website may not be copied, reproduced, distributed, transmitted, displayed, publicly performed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the applicable rights holder.
10. Tracking Mechanisms. When you visit the Website, the Company may send one or more cookies, beacons, tags, and scripts, which are small files containing a string of characters, to your hard drive, which uniquely identifies your browser. Any use of such tracking mechanisms by the Company will be solely for the purpose of improving the quality of the Website by storing visitor preferences and tracking visitor trends. Most browsers initially default to accept cookies, but you can reset your browser to refuse all cookies, or to alert you when a cookie is being sent. Your ability to use some of the features of the Website may be limited by refusing such mechanisms. The Company’s advertising partners may also use such tracking mechanisms for similar purposes, which the Company does not control.
11. Other Websites. These Website Terms applies to only the Website and any websites owned and operated by the Company. The Company does not exercise control over any other websites that you may visit from a link on the Website, and is not responsible for any actions by such websites.
12. Social Media Features. The Website may include links to various social media platforms, including but not limited to Facebook, LinkedIn, and Instagram. These links may also collect your IP address and may set a cookie to enable the link to function properly. Such social media links are generally hosted by third party platforms, including Squarespace, and the Company does not exercise control over such third-party platforms and services, and is therefore not responsible for any actions by such third parties.
13. Update of Personal Information. If there is a change in your personally identifiable information and you would like to request that the Company edit or delete such information, you should contact the Company and specify what you would like changed. The Company will attempt to respond to your request and edit such information as soon as possible. In the event that the Company for some reason cannot edit or delete your personally identifiable information, the Company will provide you with notice. The Company will retain your personal information for as long as your account on the Website is active, or as it otherwise determines may be necessary to comply with the terms of these Website Terms or applicable law. Subject to the foregoing, the Company will use commercially reasonable efforts to edit and/or delete your information from its records upon your request.
14. Organizational Changes and Asset Transfer. In the event of a merger, acquisition, reorganization, dissolution, or transfer of operations assets to another nonprofit or successor entity, your information may be transferred as part of that transaction, provided the receiving entity agrees to honor these Website Terms.
15. Miscellaneous.
    1. These Website Terms constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the subject matter hereof.
    2. If any provision or part of these Website Terms shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect.
    3. The Company reserves the right, in its sole discretion, to make modifications to these Website Terms from time to time. Any such modifications will be made by updating and posting a new version on the Website. If the Company makes changes to these Website Terms, your continued use of the Website following the posting of such changes will constitute your acceptance of those changes. Should any modification be unacceptable to you, your sole recourse is to discontinue use of the Website.
    4. The provisions of these Website Terms are solely for the benefit of the parties hereto and not for the benefit of any third parties, except that the Company shall have the right to assign these Website Terms and/or any of the rights herein, and these Website Terms shall be binding upon and inure to the benefit of the Company’s assignee(s) hereto and their respective successors, assigns, and legal representatives.
    5. No failure by either party to pursue any remedy resulting from a breach of any provision of these Website Terms by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party.
    6. Any notice, demand, or other communication which may or is required to be given under these Website Terms must be in writing to the Company address, and must be: (i) personally delivered; (ii) transmitted by United States postage prepaid mail, registered, or certified mail, return receipt requested; (iii) transmitted by reputable overnight courier, such as Federal Express or UPS; (iv) transmitted by legible facsimile, with confirmation of receipt; or (v) transmitted by electronic mail, with confirmation of receipt.
    7. To the extent that the Americans with Disabilities Act applies to the Company’s Website, the Company has taken reasonable steps to ensure compliance with such.
    8. These Terms shall be governed in all respects by the substantive laws of the State of Delaware, without regard to its provisions relating to conflict of laws, and you agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts within the State of Delaware. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that, regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. In no event shall we be liable for damages or loss caused by third parties not under our control or by other causes beyond our reasonable control, including, but not limited to, damages or loss caused by third party telecommunications service providers.
16. EU General Data Protection Regulation.
    1. The EU General Data Protection Regulation (“GDPR”) applies to companies that process and hold the personal data of data subjects located in the European Union. If you are a user located in the European Economic Area, then this section also applies to you. The Company processes your personal data on the following legal bases: (a) your consent, where you have provided it; (b) the performance of a contract with you; (c) compliance with legal obligations; and (d) the Company’s legitimate interests, such as improving the Website and its services, provided such interests are not overridden by your rights and freedoms.
    2. As a user located in the European Economic Area, you have the following rights under GDPR regarding access to your personal data collected by the Company:
       1. You may request that the Company transfer your personal data to you in a portable format, correct it, or delete it. You also retain the ability to update some of your personal data, such as your name and email address.
       2. You can request that the Company stop using your personal data, and can withdraw your consent at any time by clicking the “unsubscribe” link in emails from the Company.
       3. However, these rights are not absolute, and because the Company may be required by law to process your personal data in certain instances, the Company may retain such data even if you withdraw your consent.
       4. In instances where the Company requires your personal data to comply with legal or contractual obligations, then the Company’s retention of such personal data is mandatory, and if such personal data is not provided, then the Company will not be able to meet its contractual obligations. Except for these specific instances, provision of requested personal data is optional.
       5. If you have concerns about the Company’s use of your personal data, you have the right to complain to the relevant data protection authority, which is the data protection authority of the country of either your habitual residence, your place of work, or where the alleged infringement occurred.