Terms of Service
Effective March 16, 2018
These are the Terms of Service (“Terms”) for Society for American Archaeology (“SAA”) which govern your access to and use of all SAA operated and controlled websites including http://www.saa.org/
(the “Websites”) and all other publicly available online services controlled or provided by SAA (collectively, the “ Services”). Please note your access to and use of the Services is conditioned on your acceptance of and compliance
with these Terms. By accessing or using the Services you agree you are bound by these Terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES
RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.
Your Acceptance Of The Terms
Please be aware that these Terms constitute a binding legal agreement between you and SAA outlining your legal rights, obligations, and remedies arising from your use of the Services. You agree you are responsible for your use of the Services and any
consequences resulting from your use of the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may
not use the Services.
You may use the Services only if you can form a binding contract with SAA and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using
the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to this Agreement. If you reside in a jurisdiction
that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services.
By accessing or using the Services, you (the “User”) represent and warrant that you have the right, authority, and capacity to enter into this Agreement, you will abide by these Terms, and that you have read, understand, and
agree to be bound by these Terms, and by the terms of SAA’s Privacy Policy. These Terms apply to anyone who accesses or uses the Services, whether or not you have registered for an account with SAA or are a member
of SAA. By using the Services you agree you accept the terms and conditions of the Terms and Privacy Policy, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions. The Services are always evolving and the
form and nature of the Services may change from time to time without prior notice to you. In addition, SAA may permanently or temporarily stop providing the Services, or features of the Services, and may not provide you with prior notice.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED
WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
Privacy
SAA knows you care about your privacy. Any information you or other users provide to SAA or which we collect about you or others is subject to our Privacy Policy. To learn more about how SAA collects, uses, shares, and secures your information, please
review SAA’s Privacy Policy, which is incorporated into your agreement with SAA by this reference.
Eligibility To Use The Services
The Services are intended for legal use by adults only and are not directed to children under the age of 16.
Your Representations & Warranties to SAA
By using the Services, you represent, warrant, and agree:
- You will only use the Services for lawful purposes, and you will not use the Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
- You will not use the Services to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the Services or any network which is used to support or access the Services;
- You will not try to harm the Services in any way whatsoever;
- You will not copy, or distribute the Services or other content without written permission from SAA;
- You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
- You will keep secure and confidential your account password or any identification we may provide you which allows access to the Services; and
- You will provide us with whatever proof of identity we may reasonably request.
Accounts & Registration
Registering for a SAA Account: In order to use or access certain Services or features of the Services, you may be asked to register for a user account (a “SAA Account”) and become a registered user of the Services (a “Registered User”).
By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate,
current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any SAA Account you register,
and for any actions that arise from or take place using your SAA Account, whether or not you have authorized such actions or use; and (5) immediately notify SAA of any unauthorized use of your SAA Account. Failure to abide by this Agreement constitutes
a breach of these Terms, which may result in immediate termination of your SAA Account.
Your SAA Account Information: You may not select or use a SAA Account name, handle, or login that: (1) is comprised of or includes the name of another
person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and SAA; or (4) that, in SAA’s sole discretion, is offensive,
vulgar, or obscene. SAA reserves the right to refuse registration of a SAA Account, or cancel any account name, in its sole discretion.
SAA’s Termination of Access to the Services: SAA maintains the right to suspend or disable your access to the Services and any SAA Account you may have created, or terminate these Terms, at its sole discretion and without prior notice
to you if you breach the Terms, or if SAA otherwise determines such action is warranted. SAA reserves the right to revoke your access to and use of the Services at any time, with or without cause, whether or not you have established a SAA Account
or are a Registered User.
Your Cancellation of Your SAA Account or Use of the Services: You may cancel your SAA Account or your access to the Services at any time by contacting SAA using the information below. Upon cancellation of your
SAA Account, SAA may: (1) retain your information and content indefinitely; (2) continue to use your information for research purposes indefinitely; and (3) retain, use, and continue to show information about your use of the Services.
User Conduct
As a condition of your use of the Services, you agree not to use the Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by SAA as typical or expected use of
the Services consistent with the purposes for which the Services were created. You specifically agree you will not do any of the following:
- Use the Services for or in connection with any illegal purpose, including any violation of any applicable local, state, national, or international law, or rule or regulation having the force of law;
- Abuse, harass, threaten, impersonate, or intimidate others;
- Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that SAA or a reasonable person could deem to be objectionable, profane,
indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by SAA in its sole discretion;
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any User;
- Create or submit unwanted email (“Spam”) to any other person or any URL;
- Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
- With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
- Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
- Bypass any measures we may use to prevent or restrict access to the Services or any part of the Services;
- Interfere with the operation of the Services or any User’s enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making
unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about
Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment,
or servers;
- Share, sell, or otherwise transfer the access granted to you to the Services, including information regarding your Services login information, or password, or otherwise permit any other person to access the Services using your information, login,
or password.
- Use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
- Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
- Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, Content, code or program, available to others, in
whole or part;
- Interfere with security features of the Services, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii)
reverse engineering or otherwise attempting to extract the source code of the Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
- Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of
birth, or contact information; or
- Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
Content & Licenses
Content Definitions
There are various types of content involved in providing and operating the Services. Throughout the remainder of these Terms, we will use the term “Content” to mean all text,
links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Services. “SAA Content” means
Content that SAA makes available to you through the Services, including Content owned by SAA or licensed to SAA from a third party (excluding User Content). “User Content” means any Content posted, uploaded, published, submitted, transmitted,
or otherwise made available through the Services by a User, whether or not a Registered User, or whether or not a User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights. “ Collective Content”
collectively refers to all of the Content available through the Services, including SAA Content and User Content.
Content Ownership
All SAA Content is owned by SAA or its third party licensing partners. Your
use of the Services does not grant you any rights to the use or control of any of the SAA Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the
SAA Content, including by caching, framing or any similar means, without the prior written consent of SAA is strictly prohibited.
The Services and SAA Content are protected by copyright, trademark, and other laws of the United States and
foreign countries. Except as expressly provided in these Terms, SAA and its licensors exclusively own all right, title and interest in and to the Services and SAA Content, including all associated Intellectual Property rights. You may not remove,
alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or SAA Content. SAA or its partners shall retain all worldwide rights in and to all Intellectual Property comprising
or included within the SAA Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Services, and copyrighted works associated
with the Service is common law and/or registered copyrights, trademarks, and/or trade dress of SAA.
You should assume that everything you read or see on the Services is copyrighted or otherwise protected and owned by SAA, or a third party
who licensed the right to use such content to SAA. Unless otherwise expressly noted, nothing that you read or see on the Services or other Collective Content, or any of the source code or HTML code that SAA uses to generate the Services may be copied,
reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of SAA or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise
permitted by relevant law.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without
SAA’s prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site
or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
SAA is not the publisher or speaker of User Content, or any other information on the Services provided
by third party content providers, and SAA is not liable for any claims related to such information. Any mention in the Services of products or Services provided by third parties is for informational purposes only and constitutes neither an endorsement
nor a recommendation by SAA. SAA assumes no responsibility for those products or Services.
SAA’s License to You
Subject to your compliance with these Terms, SAA grants you, to the extent it is able to do
so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Services and the Collective Content as intended.
You agree you will not use, copy, adapt, modify, prepare
derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or
rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Services or the Collective Content other than as specifically authorized herein, without the prior written permission
of SAA, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless
explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by SAA at any time without notice and with or without
cause.
Your License to SAA
Certain features of the Services may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through
the Services. By making available User Content through the Services, you hereby grant to SAA and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as SAA may designate from time
to time, which may include any or all other users of the Services, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat,
translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any
purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Services, or for advertising or marketing of the Services, as well as a license to use your name and
likeness in marketing materials and in the Services to promote your use of the Services. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of SAA once you have submitted
User content within the Services.
Your grant of this license to SAA to utilize your User Content and any derivative works of the User Content created by using the Services does not displace your ownership of the User Content, or any license
or authority you may have from any third parties to utilize the Content you share as User Content. SAA does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and
exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive
owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant SAA the rights in such User Content contemplated under
these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or SAA’s use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe,
misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of
any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through
the Services.
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services
at any time, for any reason.
Intellectual Property
SAA and its licensors and partners own all rights, titles, and interests in and to the Services, and all related Intellectual Property rights, including all registered and unregistered
trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other
information provided by you or any other party relating to the Services, excluding User Content (collectively, the “SAA IP”). SAA IP may not be used in connection with any product or service in any manner that is likely to cause confusion
or otherwise violate the rights granted to us in SAA IP, including use of any SAA IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This
Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any Intellectual Property rights owned by SAA. The SAA name, the SAA logos and designs, and the product and service names associated with
the Services are trademarks of SAA or its affiliated third parties, and no right or license is granted to you by this Agreement to use the SAA IP for purposes not directly related to your use of the Services.
Linking & Framing
SAA grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Services, so long as the links do not portray SAA or its products or Services in a false or misleading manner. You may not use any of SAA’s
logo or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Services or any of their content is prohibited without the prior written consent of SAA.
The Services may contain links to third-party websites or resources, such as YouTube, Twitter, and Facebook. You acknowledge and agree that the SAA is not responsible or liable for: (i) the availability or accuracy of such websites or resources;
or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SAA of such websites or resources or the content, products, or services available from
such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that SAA shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource.
Email Notifications
As part of your use of the Services, you may be asked to elect to receive certain email notifications from SAA and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from SAA related to the Services. You may opt-out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Services announcements or notifications even if you have opted-out from other messages.
Termination
SAA may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. SAA may also impose limits on certain Services, features, or Content, or restrict
your access to parts or all of the Services with or without notice to you.
SAA may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any violation of these
Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.
SAA may also remove or disable access to any Collective Content and suspend or ban your access to the Services or any SAA account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations
from third parties or authorities relating to such content. To report violations of the Terms, please contact SAA using the information below. You are solely responsible for your interactions with other Users of the Services. SAA reserves the right,
but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand
that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to SAA. Continued use of the Services, its components, databases, or documentation,
or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part,
for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers,
indemnity, and limitations of liability.
Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation
of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
International Use
The Services are controlled and operated by SAA from within the United States. SAA makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations
where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
Indemnity
You agree you shall indemnify and hold harmless SAA, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency,
action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising
out of or related to the Services, use of the Services, violation of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or
password.
Warranty Disclaimers
You acknowledge that SAA has no control over, and no duty to take any action regarding: (1) which Users gain access to the Services; (2) what effects the Content or the Services may have on you; (3) how you may interpret or use the Content or the Services;
or (4) what actions you may take as a result of having been exposed to the Content or the Services.
You release SAA from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. SAA
makes no representations concerning any content contained in or accessed through the Services, and SAA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
SAA makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. SAA cannot guarantee that you will obtain the
results you seek or warrant that Services will be error-free. SAA makes no representation or warranty of any kind with respect to use of Services or the use or accuracy of the information on the Services.
USER ACCESSES THESE SERVICES AT
HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY SAA ARE HEREBY DISCLAIMED. NEITHER SAA NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF SAA, COMPUTER
VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL SAA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS
BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER SAA NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT
PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY
KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY,
NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The “Disclaimer” and “Limitation of Liability” provisions
of this Agreement are for the benefit of SAA as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
General Terms
Entire Agreement
The Terms, including the incorporated SAA Privacy Policy, constitutes the entire agreement between Users of the Services and SAA regarding Users’ use of and access to the Services. Your use of the Services
is intended for your enjoyment and benefit and the provision of the Services to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Services.
Waiver & Severability
The failure of SAA to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to
be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law & Jurisdiction
These Terms and any action related thereto will be governed by the laws of by the laws of the District of Columbia without regard to or application of its conflict of law provisions
or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in the District of Columbia, United States, and you consent to
the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions
Act shall apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable
attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Transfer & Assignment
This Agreement and the rights and obligations hereunder may not be
assigned, in whole or in part, by you without the written consent of SAA. SAA may assign this Agreement upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Services. This Agreement shall be
binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
No Independent Contractor or Joint Venture
The parties shall be independent contractors
under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Changes To Our Terms
SAA may modify these Terms of Service from time to time. The most current version of these Terms will govern your use of the Services and will be located at www.saa.org. By continuing to access or use the Services after those changes become
effective, you agree to be bound by the revised Terms of Service.
Contact SAA
Society for American Archaeology
1111 14th Street NW, Suite 800
Washington, DC 20005-5622
Tel: +1 202-789-8200
Fax: +1 202-789-0284
membership@saa.org
Privacy Policy
Effective March 16, 2018
Society for American Archaeology (“SAA”) is committed to protecting your privacy. This Privacy Policy describes how SAA collects, uses, and shares your information when you use and interact with
our Services and applies to all persons who use our Services (“Users”). Our Privacy Policy governs your access to and use of all SAA operated and controlled websites including http://www.saa.org/ (the “ Websites”), all other
publicly available online services controlled or provided by SAA (collectively, the “Services ”).
If you have questions about SAA’s Privacy Policy or practices, or if you need to contact us about the information we collect
about you, our contact information is at the end of this Privacy Policy.
Applicability & Eligibility
Applicability
This Privacy Policy applies only to the Services, and SAA’s collection, use, disclosure, and protection of your data. It does not apply to third party websites, applications, or services.
Before
accessing, using, or interacting with the Services you should carefully review the terms and conditions of this Privacy Policy. Your use of the Services is further governed by our Terms of Service, which is also incorporated
into your agreement with SAA by this reference.
Eligibility To Use The Services
The Services are not directed to children under the age of 16.
Information Collection & Use
SAA collects data about you and your use of the Services through various means, including when you provide information to us such as when you join, sign up for a membership, donate, register for events and seminars, and when we automatically collect information
about you when you access, use, or interact with the Services. We use this information for a variety of different reasons, including to improve the Services and to tailor the Services to you.
SAA processes Personal Data collected through
the Services on the lawful basis of legitimate interests to provide the Services to you. Such processing is necessary for the purposes of the legitimate interests pursued by SAA or by our Service Providers related to the Services.
The types
of information SAA may collect about you include:
Information
You Provide To Us:
SAA Membership & Event Information: SAA collects certain Personal Data from you when you join the SAA or register for SAA events. “Personal Data” refers to information about you that may be used to identify you, such as your first name,
last name, title, email address, phone number, and mailing address. SAA uses this information to provide membership benefits, including event registrations, mailing any print publications to which you may be entitled and accessing online member benefits.
SAA Account Information: SAA may require you to register for an account (a “SAA Account”) in order to use certain Services, such as the SAA Marketplace. We do not require you to register to use all of our Services. However if you
do register for Services offering a SAA Account, you will gain access to those areas and features of the Services that require registration. SAA will collect certain information about you in connection with your registration for your SAA Account,
which may include Personal Data and other information such as a username, password, personal profile, pictures, your location, and information about your contacts. Some of your SAA Account information may be displayed publicly. You are not required
to provide your Personal Data; however, if you choose to withhold certain Personal Data, we may not be able to provide you with certain Services.
Payment Transaction Information: We may collect and store information related to purchases
and donations made through the Services. You may provide certain information to complete payments via the Services, including your credit or debit card number, card expiration date, CVV code, and billing address (collectively, “ Payment Information”),
along with your name and billing, delivery and shipping address, to complete payment transactions through certain Services.
Please note SAA works with Service Providers (as defined below) to handle payment transactions. SAA does not itself
collect or maintain your credit card or other financial account information; this information is handled for SAA by our Service Providers. You are subject to the Privacy Policies and Terms and Conditions of our Service Providers when purchasing a
SAA membership, shopping for SAA products, or making donations, the terms of which may differ from those of SAA for the SAA Services. Please review the Service Providers’ Privacy Policies and Terms and Conditions before using their services.
Form Information: We may use online forms to request certain information from you in order to perform certain Services, such as your location to assist you in locating our products, or your contact information to assist with contacts or service
requests. This information may include Personal Data.
Correspondence Information: If you sign up for a membership, attend a conference or event, email us, subscribe to our newsletters mailing lists, publications, or blogs, we may keep your
message, email address, contact information, and other information you provide to us to respond to your requests, provide the requested products or Services, and to provide notifications or other correspondences to you. We do not share or sell any personal information to other organizations for commercial purposes. If
you do not want to receive email from SAA in the future, you may let us know by sending us an email or by writing to us at the address below. Please note requests to remove your email address from our lists may take some time to fulfill. We may also
still contact you as needed to provide important announcements or notifications regarding the Services.
Support Information: You may provide information to us via a support request submitted through the Services. We will use this information
to assist you with your support request and may maintain this information to assist you or other Users with support requests. Please do not submit any information to us via a support submission, including confidential or sensitive information that
you do not wish for SAA or our Service Providers to have access to or use in the future.
Information We Collect Automatically:
Cookies, Web Beacons, Links, And Other Tracking Technologies: SAA may keep track of how you use and interact with the Services through the use of cookies, web beacons, links, and other tracking technologies. We do this to help analyze the use of and improve
the Services. Through these technologies we may automatically collect information about your use of the Services and other online activities, including our email correspondences, third-party services, and client applications, and certain online activities
after you leave the Services. Link information is generally only analyzed on an aggregate basis. Some Services may not function properly if you disable cookies. Such data may include analytics information, sites visited before visiting the Services,
browser type, operating system, and tracking of your interactions with our content and emails.
Unique Identifiers: When you use or access the Services, we may access, collect, monitor, store on your device, and/or remotely store one or
more "Unique Identifiers," such as a universally unique identifier (“UUID”). A Unique Identifier may remain on your device persistently, to help you log in faster and enhance your navigation through the Services. Some features of the Services
may not function properly if use or availability of Unique Identifiers is impaired or disabled.
Log File Information: When you use our Services, we may receive log file information such as your IP address, browser type, access times, domain
names operating system, the referring web page(s), pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive log file data when you interact with our Services,
for example, when you visit our websites, sign into our Services, or interact with our email notifications. SAA uses log file data to provide, understand, and improve our Services, and to customize the content we show you. SAA may link this log file
to other information SAA collects about you via the Services.
Public Information: Please be aware that any content or information you share with or provide to third parties using or related to your use of the Services is neither private,
nor confidential. SAA is not responsible for any content or information you post or share with third parties. If you do not wish for certain information to be public, please do not share it.
Information Sharing
SAA will not share, sell, rent, or otherwise disclose your private personal information to third parties without your consent, except in the limited circumstances described
in this Privacy Policy, including to:
SAA Personnel: SAA’s personnel may have access to your information as needed to provide and operate the Services in the normal course of business. This includes information regarding your use
and interaction with the Services.
Service Providers: SAA works with various organizations and individuals to help provide the Services to you ("Service Providers"), such as website and data hosting companies and companies providing analytics
information, like Google Analytics. We may share your personal information with our Service Providers for the purpose of providing the Services. The information we share to our Service Providers may include both information you provide to us and information
we collect about you, including Personal Data and information from data collection tools like cookies, web beacons, log files, Unique Identifiers, and location data. SAA takes reasonable steps to ensure that our Service Providers are obligated to
reasonably protect your information on SAA’s behalf. If SAA becomes aware that a Service Provider is using or disclosing information improperly, we will take commercially reasonable steps to end or correct such improper use or disclosure.
Lawful Requests: We may be required to disclose User information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose User information unless we have a good faith
belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent
fraud or other illegal activity perpetrated through the Services or using the SAA name, or to protect the safety of any person. This may include sharing information with other companies, lawyers, agents, or government agencies. Nothing in this Privacy
Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.
Your Rights and Choices Regarding Your Information
Your Rights
Relevant data protection laws provide you certain rights regarding the protection of your data, including:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complaint to a supervisory authority; and
- the right to withdraw consent.
More information about your rights relating to SAA and the Services is provided via this Privacy Policy.
Access To The Information SAA Has Collected About You
SAA provides certain tools and settings within the
Services to help you access, correct, delete, or modify your personal information associated with the Services. SAA welcomes you to contact us regarding the information we have collected about you, including regarding the nature and accuracy of
the data that has been collected about you, to request an update, modification, or deletion of your information, to opt-out of certain Services uses of your information, or to withdraw any consent you may have granted to SAA.
Please
note requests to delete or remove your information do not necessarily ensure complete or comprehensive removal of the content or information posted, and removed information may persist in backup copies indefinitely. Please note that if you choose
to delete your information or opt-out of the collection and use of your information, you understand that certain features, including but not limited to access to the Services, may no longer be available to you.
We may store the information
we collect about you indefinitely, but information generally will be retained only for as long as necessary to fulfill the purposes for which the information was collected, or as otherwise required by law. Following termination or deactivation
of a SAA Account, SAA may retain your information and content for a commercially reasonable time for backup, archival, and audit purposes.
Right to Erasure
Users have a right to request that SAA remove all
personal data from its database at any time. This request will terminate SAA membership, because the SAA will not be able to provide you any member benefits.
Opting-Out Of Communications From SAA
Users may opt-out of receiving certain communications from SAA by following the unsubscribe process described in an email communication, or by contacting us using the contact information
provided below. However, please note you may not opt-out of Services-related communications, such as account verification, changes or updates to features of the Services, or technical and security notices.
Do Not Track
SAA does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information,
including Personal Data, about your online activities over time and across different websites or online services when you use Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/ . You also may limit certain tracking
by disabling cookies in your web browser.
Information Security
Security Of Your Information
SAA takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of your information and to protect it from loss, misuse, unauthorized access, disclosure, alteration and
destruction. SAA implements security measures as we deem appropriate and consistent with industry standards. As no data security protocol is impenetrable, SAA cannot guarantee the security of our systems or databases, nor can we guarantee that personal
information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information you transfer to or from Services is provided at your own risk.
Please do
your part to help us keep your information secure. You are responsible for maintaining the confidentiality of your password and SAA Account, and are fully responsible for all activities that occur under your password or SAA Account. SAA specifically
reserves the right to terminate your access to the Services and any contract you have with SAA related to the Services in the event it learns or suspects you have disclosed your SAA Account or password information to an unauthorized third party.
Additional Provisions Regarding The Services & Your Information
Transfer And Storage Of Your Information
Please note information SAA collects about you may be transferred, processed and/or accessed by us in the United States, or another country where we, or our Service Providers operate.
Please be aware Personal Data may be transferred to, and maintained on, computers located outside of your state or country where privacy laws may differ from and may not be as protective as those where you live. If you are located outside the United
States and choose to allow us to collect information about you, please be aware that SAA may transfer your Personal Data to the United States and process and store it there.
If you are located in the European Economic Area ("EEA") or other
regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction, as disclosed in this
Privacy Policy. It may also be processed by staff operating outside the EEA who work for us or for one of Service Providers, also as disclosed.
Website Hosting: SAA works with ASI as its web hosting services provider. ASI is located in
Ashburn, VA and the Websites are stored by ASI in Ashburn, VA. SAA shares your data, including Personal Data, with our website hosting Service Provider for the purposes of processing your data pursuant to your use of the Services.
Data
Hosting: SAA works with ASI as its data hosting services provider. ASI is located in Ashburn, VA and SAA’s data are stored by ASI in Ashburn, VA. SAA shares your data, including Personal Data, with our website hosting Service Provider for the
purposes of processing your data pursuant to your use of the Services.
Safely Using SAA’s Services
Despite SAA’s safety and privacy controls, we cannot guarantee the Services are entirely free of illegal, offensive, pornographic, or otherwise inappropriate material, or that you will not encounter inappropriate or illegal conduct from other Users
when using the Services. You can help SAA by notifying us of any unwelcome contact by contacting us using the information below.
Your California Privacy Rights
Under California Civil Code Section 1798.83 (known as the "Shine the Light" law), SAA members and customers who are residents of California may request certain information about our disclosure of personal information during the prior calendar year to
third parties for their direct marketing purposes. To make such a request, please write to us at the address below or at membership@saa.org with "Request for California Privacy Information" on the subject line and in the body of your message. We will
comply with your request within thirty (30) days or as otherwise required by the statute. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in
our response.
Changes to Our Privacy Policy
SAA may modify this Privacy Policy from time to time. The most current version of this Privacy Policy will govern our use of your information and will be located at www.saa.org. You may contact us to obtain prior versions.
Contact SAA
Executive Director, Data Protection Officer
Society for American Archaeology
1111 14th Street NW, Suite 800
Washington, DC 20005-5622
Tel: +1 202-789-8200
Fax: +1 202-789-0284
membership@saa.org