Terms of Use
Use of this Learning NAGPRA website (the “Site”) is subject to the following terms and conditions and all applicable laws. By using the Site, you accept and agree to be bound by these Terms of Use.
The Site is operated and maintained by the Indiana University Museum of Archaeology and Anthropology, a part of The Trustees of Indiana University (“IU”). As used in these Terms of Use, the terms “we”, “us”, and “our” refer to both the Indiana University Museum of Archaeology and Anthropology and IU.
We may change these Terms of Use at any time without advance notice. Your use of the Site after any changes have been made will constitute your agreement to the modified Terms of Use.
- The Site and all content made available on the Site (“Content”) are educational in nature and made available solely for your limited personal non-commercial scholarly and educational use. You must cite the author and source of the Content as you would material from any other work, and the citation should include the URL “https://lrnagweb.sitehost.iu.edu/.”
- You are prohibited from copying, displaying, publishing, distributing, transmitting, modifying, performing or otherwise using or exploiting any of the protected Content on the Site for any commercial purpose or for the purpose of making it publicly available, except in educational contexts. You are also prohibited from including any of the protected Content in a database, website or electronic resource, and from making any other use of the protected Content that is not expressly permitted herein.
- We grant the foregoing limited permission under copyrights we own. Copyrights and other rights in the Content may also be held by other individuals or entities, including authors of materials reproduced on the Site. We do not represent or warrant that use of the Content displayed on the Site will not infringe or violate the rights of third parties.You are solely responsible for obtaining all permissions from third parties that may be necessary for any use of the Content you wish to make.
- Nothing in these Terms of Use or on the Site shall be construed as granting you any right or license to use any trademarks, service marks or logos displayed on the Site, nor any right or license under any patent. You agree not to use any name or trademarks, including without limitation logos, of IU or any of its subdivisions (including the Indiana University Museum of Archaeology and Anthropology) in any advertising or promotional materials, or to falsely suggest any relationship between you and us, or in any manner that would infringe or violate any of our rights.
- THE SITE AND THE CONTENT ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (“CONTENT PROVIDERS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT. NEITHER WE NOR ANY CONTENT PROVIDER MAKES ANY WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
- YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. If you are dissatisfied with the Site or the Content, your exclusive remedy is to stop using the Site and the Content. IN NO EVENT SHALL WE OR ANY CONTENT PROVIDER BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, EVEN IF WE OR A CONTENT PROVIDER ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- You agree to indemnify and hold harmless the Indiana University Museum of Archaeology and Anthropology and IU, and their affiliates, board of directors, trustees, employees, faculty, staff, students, successors, assigns, independent contractors, and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of these Terms of Use or your use of the Site or the Content.
- The Site may contain links to third-party websites that are created by sources outside of us and provided solely as a convenience to you. We are not responsible for, and do not endorse, the content of linked these third-party websites.
- These Terms of Use will be construed, interpreted, and applied according to the laws of the State of Indiana without regard to any choice of law rules, and all claims, disputes, or controversies arising from or relating to these Terms of Use or your use of the Site or the Content will be subject to the exclusive jurisdiction and venue of a state court of competent jurisdiction in Monroe County, Indiana or a federal court of competent jurisdiction in the Southern District of Indiana.You consent to the personal jurisdiction of such courts and waive any defense of forum non conveniens.
- The provisions of these Terms of Use are severable in that if any provision in these Terms of Use is finally determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or non-enforceability will not in any way affect the validity or enforceability of the remaining provisions or the validity or enforceability of such provision in any jurisdiction where valid and enforceable. No waiver of any breach of these Terms of Use will constitute a waiver of any other breach of the same or any other provision of these Terms of Use. Our delay or failure to assert a right or to insist upon compliance with any term or condition of these Terms of Use will not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
Last Updated January 10, 2023