Planning Tool Exchange Terms of Use

I. Acceptance of Terms
The “Planning Tool Exchange”, also known as “PlanIt X”, is a website owned and administered by the Orton Family Foundation. The following Terms of Use govern all content hosted at www.planningtoolexchange.org and its sub domains, including email received from www.planningtoolexchange.org and its sub domains. By accessing or using this site, you agree to be bound by these Terms of Use and the Planning Tool Exchange Privacy Policy.

The information provided on the PlanIt X site is provided free of charge and your use of the resource in no way constitutes a kind of agreement or contract between you and the Orton Family Foundation or site administrators. We do not guarantee content generated by users as to accuracy or completeness, and we do not endorse any content posted by our users. The Orton Family Foundation does not control and is not responsible for content posted on the Planning Tool Exchange and by using the site, you accept that you may be exposed to content that is offensive, indecent, inaccurate, or otherwise objectionable.

II. Member Accounts
If you wish to add content to the Planning Tool Exchange you must register to create an account. Your account application must be approved by the site administrator; you agree to provide true and accurate registration data and not to impersonate any other person or entity in your account profile or application, and to maintain and update your registration data to keep it true, accurate, current and complete. Membership is void where prohibited by applicable law. By applying for an account you represent that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth here. The Orton Family Foundation reserves the right to refuse or cancel a Planning Tool Exchange account at any time for any reason.

You are solely responsible for maintaining the confidentiality and security of your password and for all activities that occur under your Planning Tool Exchange account. Use of your account is strictly limited to your own personal use. You agree to notify the Orton Family Foundation immediately of any unauthorized use of your account or any other breach of security.

II. Code of Conduct
You may not post any material that is illegal, obscene, threatening, defamatory or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. You may not make use of our services or any content on our site to forge email headers, send bulk unsolicited email messages or capture personal data from other website users. You may not use automated means, including spiders, robots, crawlers, data mining tools or the like to download, retrieve or index any data from the Planning Tool Exchange unless expressly permitted by the Orton Family Foundation.

III. External Content
Our site contains links to other websites that may be of interest to you. The Orton Family Foundation takes no responsibility for the content of external websites or the copyright, privacy or terms of use policies of those sites. Other websites are welcome to link to our site, provided such linking does not cast our work in a false or misleading light. We appreciate notice of such linking, which you can do by contacting us at info [@] orton [.] org.

IV. Content License
All text, images and other materials submitted by users to the Planning Tool Exchange are licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license. The Orton Family Foundation grants you, on behalf of itself and its licensors, a limited license to copy, modify, reproduce, distribute, create derivative works of, and publicly display the original content posted on the Planning Tool Exchange, in accordance with the terms and conditions of the Creative Commons Attribution-Noncommercial-ShareAlike 3.0 License. A copy of the most recent version of the license is presently available at http://creativecommons.org/licenses/by-nc-sa/3.0/. Any of the trademarks, service marks, design rights or similar rights that are mentioned, used or cited in the articles of the PlanIt X resource are the property of their respective owners.  

By posting or otherwise sharing content on the Planning Tool Exchange, you grant, and warrant that you have the right to grant, the Orton Family Foundation and the users of the Planning Tool Exchange an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, worldwide license to use, copy, publicly perform, digitally perform, publicly display and distribute such content and to prepare derivative works of, or incorporate into other works, such content. All content contributed will be under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license.

You agree not to upload or post information to our website that is protected by copyright, trademark or other proprietary right or that may not be licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license without the express permission of the owner of that material. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright. By submitting material, you agree that it may be freely shared and modified under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license.

V. Trademarks and Ownership
Except for content submitted by users, all other content, trademarks and materials on this site are the property of the Orton Family Foundation, ©2010, with the exception of certain photographs, artwork or publications that belong to their respective owners. You may not copy or distribute this material without express permission from the Orton Family Foundation.

VI. Copyright Infringement
Orton Family Foundation has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (posted at http://www.copyright.gov/legislation/dmca.pdf).  In short, it is the Orton Family Foundation's policy to (i) block access to or remove material that it believes to be copyrighted material that has been illegally copied and distributed by any site user and (ii) remove and discontinue service to repeat offenders. If you believe that any content residing on or accessible through PlanIt X infringes a copyright, please send a notice of copyright infringement containing the following information to the Orton Family Foundation at P.O. Box 111, Middlebury, VT 05753:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Orton Family Foundation is capable of finding and verifying its existence;
  4. Contact information about the person or entity providing notice of the alleged infringement should include address, telephone number and, if available, email address.


The Orton Family Foundation will then act upon the notice in a reasonable, business-like manner.

VII. Service Provisions
The Orton Family Foundation is not responsible should another user change, edit, modify or remove any information that you post. The Orton Family Foundation has the right at its discretion to edit, refuse a post or remove any material posted on our website or to terminate the accounts of any users who infringe on these Terms of Use. This includes the right (but not the obligation) to delete content for violating the letter or spirit of these Terms of Use or for any other reason.

You agree that the Orton Family Foundation has no responsibility for the deletion or failure to store any content on the Planning Tool Exchange. The Orton Family Foundation may establish general practices and limits concerning the use of the site, including limiting the amount of content, file sizes, and maximum number of days that text, files, images, video, links and other uploaded or posted materials may be retained by the site. The Orton Family Foundation also reserves the right to modify these practices and limitations without consent or notice.

VIII. Limits to Liability
The Orton Family Foundation is not liable or responsible for the accuracy or completeness of any information provided on this site. We assume no liability or responsibility for any damages arising from a visitor's use of, or inability to use, this site. If you disagree with any of the terms set forth in these Terms of Use, you agree that your sole remedy is to immediately discontinue using the Planning Tool Exchange.

IX. Changes to Terms and Discontinuation
The Orton Family Foundation reserves the right to alter the content of this site and to terminate the site at any time without notice. Any new features, services, enhancements or modifications to the Planning Tool Exchange after your initial access will be subject to these Terms of Use. We reserve the right to modify these Terms of Use at any time by posting changes here. Your continued use of this website constitutes acceptance of the Terms of Use as modified.