Terms and Conditions of Use

Attention: please read these terms carefully before using this website. These terms may have changed since your last visit to this website. Using this site indicates that you accept these terms. If you do not accept these terms, do not use this website.

Constructivity.com LLC (“Constructivity”) maintains this site as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

Use of Website and its Content

Constructivity authorizes you to view and download the information, materials, documents and related graphics (collectively, the “Materials”) at this website for your information and internal use only, provided that you retain all copyright and other proprietary notices contained in the Materials on any copies of the Materials. You may not modify the Materials in any way, reproduce or transmit in any form, by any means, publicly display, perform, distribute or otherwise use the Materials for any public or commercial exploitation, except as otherwise explicitly provided at this website. Any unauthorized use of the Materials for any purpose is strictly prohibited. This website and the Materials are the property of Constructivity except where specifically indicated by separate license agreement, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. If you breach any of these Terms, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed Materials. All software is provided subject to the terms and conditions of the applicable software license. The Materials may be out of date, and Constructivity makes no commitment to update the Materials. The Materials may include technical inaccuracies or typographical errors. Product descriptions and specifications are subject to change. Constructivity reserves the right to make additions, deletions, or modifications to this website or the Materials, or in the products or services described in the Materials, at any time without any obligation to notify you of such changes. This site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

For content posted on this website specific to organizations and libraries, you are also subject to any license agreement provided for the respective organization and/or library. Such organization-specific or library-specific terms may grant additional rights to using underlying data specific to the library as published by the organization, but not to any generated files, renderings, views, or depictions, which are the sole property of Constructivity. If no such license agreement is provided, then no additional rights are granted.

You may only use the Constructivity websites for lawful purposes. You may not use the Constructivity website:

In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm anyone, including minors, in any way;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with Constructivity’s Content Standards;
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware, any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or any other computing programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You may not reproduce, duplicate, copy or re-sell any part of any and/or all of the Constructivity websites in contravention of the provisions of the Terms.

You may not commercially exploit any and/or all of the Constructivity websites either in full or in part save as expressly permitted by Constructivity.

You may not use the Constructivity website for the purpose of developing and/or maintaining for yourself or for others, an alternative service provision which:

directly or indirectly competes with Constructivity or any and/or all of the Constructivity websites; and/or
in some way serves the same or a similar purposes as any and/or all of the Constructivity Websites.

You may not access without authority, interfere with, damage or disrupt:

any part of any and/or all of the Constructivity websites;
any equipment or network on which any and/or all of the Constructivity websites are stored;
any software used in the provision of any and/or all of Constructivity websites; or
any equipment or network or software owner or used by any third party.

You must not attack Constructivity Websites via a denial-of-service attack or a distributed denial-of-service attack. Constructivity will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Constructivity Websites will cease immediately.

No Warranties

Materials at this site are provided “as is” without representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Limitation of Liability

In no event will Constructivity be liable for any direct, indirect, special, consequential, incidental, exemplary or punitive damages, including but not limited to loss of profits, goodwill, data, equipment or use, or business interruption arising from or in connection with the existence, use, inability to use, or the results of use of the Materials, this website, any websites linked to this site, or the materials or information contained at any such websites, whether based on warranty, contract, tort or any other legal theory, and whether or not Constructivity has been advised of the possibility of such damages.

Links to Third Party Websites

Links to third party websites are provided solely as a convenience to you. If you use these links, you will leave this website. Constructivity does not control and is not responsible for any content of these third party sites or any links contained therein. Thus, Constructivity does not accept any responsibility or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.

No Implied Endorsements

Substantial content contained in this website is supplied by third parties. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Constructivity of that third party or of any product or service provided by a third party, or approval or endorsement by that third party of Constructivity. This website may contain third-party content describing products or services provided by other third parties, where content describing such products or services may not necessarily be authored by the organization offering such products or services, and may not necessarily be accurate. Constructivity is not responsible for any third-party content contained on this website.

Submissions to This Site

Any communications you send to this website shall be treated as non-confidential except as set forth in Constructivity’s Privacy Policy. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For notifications of claimed infringement, the designated Copyright Agent email address is: corp@constructivity.com

Jurisdictional Issues

This site is administered by Constructivity from its offices in Ames, Iowa, or elsewhere in the United States. Constructivity makes no representation that the Materials at this site are appropriate or available for use outside the United States, and access to the Materials from jurisdictions in which the contents of the Materials are illegal is prohibited. You may not use, export or re-export the Materials at this site, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Enforcement of These Terms

These Terms will be governed by and construed in accordance with the laws of the State of Washington, United States of America, without giving effect to any principles of conflicts of laws. All disputes arising out of or relating to these Terms shall be litigated exclusively in the federal or state courts located in Washington, USA.

General

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this website. This is the entire agreement between the parties relating to the subject matter of these Terms and shall not be modified except in writing signed by both parties or by a new posting by Constructivity, as described above. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any rights not expressly granted herein are reserved. If you have any questions about these Terms, please feel free to contact Constructivity at the following addresses or numbers: webmaster@constructivity.com

Constructivity.com LLC, 2625 North Loop Drive, Suite 2625, Ames, IA 50010 USA, Attention: Webmaster.

TRADEMARKS

Constructivity is a registered trademark of Constructivity.com LLC. in the United States and/or other countries. No use of any Constructivity trademark, service mark, trade name, design or logo may be made without the prior, written authorization of Constructivity, except to identify the products or services of Constructivity. Except as permitted by these Terms, nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of Constructivity. All other product and company names and logos are trademarks or service marks of their respective holders.

Last updated: May 2021