Terms of Use
The International Council on Systems Engineering (“INCOSE”) provides a collection of online systems and resources collectively known as the INCOSE Online Community. This set of online systems and resources includes, but is not limited to, INCOSE and chapter websites, INCOSE Connect, the online Guide to Systems Engineering Body of Knowledge, and email lists and reflectors. Use of the INCOSE Online Community is contingent upon acceptance of the INCOSE Online Community User Agreement (“User Agreement”).
You acknowledge by your use of the INCOSE Online Community, your agreement to be bound by the terms of this User Agreement.
Grant of Permission
By consenting to the User Agreement, you are granted permission to receive information relevant to INCOSE, its Membership, and the systems engineering community at large. You will have the opportunity to interact and communicate with other individuals who are using the INCOSE Online Community.
The INCOSE Online Community is to be used for professional, but non-commercial purposes only. Engaging in any improper use of this site is strictly prohibited. In addition, whereas healthy interaction, discussion and critique of ideas are encouraged, it is unacceptable to critique persons offering the ideas.
INCOSE shall have the right at any time to change or modify this policy without notice. Users agree to review the terms and conditions of this User Agreement (as posted on INCOSE's web site) periodically to be aware of such revisions.
Password and Security
INCOSE members will receive a password and account designation to access certain sections of the INCOSE Online Community. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify INCOSE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not INCOSE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the INCOSE Online Community. INCOSE does not control the Content posted via the Online Community and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You agree to not use the Online Community to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, an INCOSE official, leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Online Community;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any form of solicitation, except in those areas that are designated for such purpose;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in exchanges;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Stalk or otherwise harass another; or
- Collect or store personal data about other users.
You acknowledge that INCOSE does not pre-screen Content, but that INCOSE and its designees shall have the right (but not the obligation) to remove any Content that violates this User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that INCOSE may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this User Agreement; or (c) respond to claims that any Content violates the rights of third-parties.
Email Address
By participating in a secure INCOSE team collaboration site, you consent to having your email displayed on the team collaboration site in the team roster. Access to collaboration sites is granted by invitation only to volunteers who are participating on specific efforts.
INCOSE Right to Monitor and Access
You expressly waive any right of privacy in anything you create, store, send or receive using the Online Community. You acknowledge INCOSE's right to monitor, access, retrieve, read, and disclose, at any time, any electronic communication, data, or other similar material related to the use of the Online Community. INCOSE has the right to monitor and log any and all aspects of its electronic systems including, but not limited to, monitoring Internet sites visited by Users, monitoring chat and newsgroups, monitoring file downloads, and all communications sent and received by Users via the Online Community.
Violations of User Agreement
If found to be in violation of this User Agreement, you may be subject to disciplinary, legal, or other action(s) by INCOSE, including, but not limited to, personal or other liability for damages incurred by INCOSE as a result of the User's violation(s) of this Policy, and for any other relief provided by law. INCOSE reserves the right, in its sole discretion, to terminate a user's permission to use the Online Community for reasons including, but not limited to, the policies and guidelines listed above.
If your access is terminated, you may contact the INCOSE Central Office for reinstatement. Such requests will be evaluated by the Executive Committee who will respond within a reasonable period of time to such requests.
Content Submitted or Made Available for Inclusion in the Online Community
INCOSE does not claim ownership of Content you submit or make available for inclusion on an Online Community. However, with respect to Content you submit or make available for inclusion on any Online Community, you grant INCOSE a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) in any format or medium now known or later developed.
Indemnity
You agree to indemnify and hold INCOSE, and its subsidiaries, affiliates, officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through an Online Community or otherwise arising from your use on a INCOSE Online Community
Links
The Online Community may provide, or third parties may provide, links to other websites or resources. Because INCOSE has no control over such sites and resources, you acknowledge and agree that INCOSE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that INCOSE 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.
Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the Online Community is at your sole risk. The Online Community is provided on an "as is" and "as available" basis. INCOSE 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.
- INCOSE makes no warranty that the Online Community (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) that the results that may be obtained from the use will be accurate or reliable, and (iv) that the quality of any products, services, information obtained by you through the Online Community will meet your expectations.
- Any material downloaded or otherwise obtained through the use of the Online Community is done at your own discretion and risk and that 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.
- No advice or information, whether oral or written, obtained by you from INCOSE or through or from the Online Community shall create any warranty not expressly stated in this User Agreement.
Limitation of Liability
You expressly understand and agree that INCOSE shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if INCOSE has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Online Community; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Online Community; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on an Online Community; or (v) any other matter relating to the Online Community.
General Information
This User Agreement constitutes the entire agreement between you and INCOSE and governs your use of the INCOSE Online Community. The failure of INCOSE to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the other provisions of this User Agreement remain in full force and effect.