Effective Date: January 26, 2015
Last Updated Date: November 19, 2015
INTRODUCTION AND ELIGIBILITY
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Site means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and New Teacher Center and its affiliates and subsidiaries (“NTC,” ” we,” “us“). “You” and “users” shall mean all visitors to the Site. You accept these Terms each time you access the Site. If you do not accept these Terms, you must not use the Site. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site. When these Terms and the terms and conditions applicable to NTC’s Learning Zone apply to your use of a web page, in the event of a conflict, the terms and conditions applicable to NTC’s Learning Zone shall control.
Revisions to Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. We will use reasonable efforts to notify you of the change, such as through sending an email to any email address you may have provided to us, by posting a notification on the Site, or other similar method. Modifications to these Terms will be effective upon the earlier of (i) your first use of the Site with actual notice of such change, or (ii) 30 days from our publication of such change. Notwithstanding the foregoing, any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. If you do not agree to the modified Terms, your sole and exclusive remedy is to terminate your account, if you have one, and stop using the Site.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Site.
The “Site” means the websites and web pages located at newteachercenter.org that link to these Terms and any associated Internet services under NTC’s control, whether partial or otherwise. The Site provides an online platform that provides resources related to NTC’s work in teacher and school leader development.
You assume full risk and responsibility for your use of information obtained through the Site. The information provided on the Site is for informational purposes only.
For Informational Purposes Only. The Site provides information, not professional, custom advice. The Site may provide helpful education-related information, but it is not intended to substitute for professional advice or your judgment. You acknowledge that all of the information and content on the Site is provided “as is” for informational purposes only. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Site.
We may change the information we post about products and services at any time, including availability and price.
We may accept and process orders at our discretion.
Product and Service Descriptions, Prices, and Specifications. We try to be as accurate as possible when describing products and services available on the Site. However, we do not warrant that product or Site descriptions or specifications are accurate, complete, reliable, current, or error-free. All descriptions and specifications are subject to change at any time without notice.
Product and Service Availability. Availability of products or services may change without notice.
We accept an order when we ship it or provide you with access to it.
Accepting an Order. We may limit the acceptance of orders to particular jurisdictions and as permitted by applicable law. While we try to confirm orders by email, your receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. The shipment of the products shall be the sole evidence of our acceptance of your order of a physical product. Access to content to which you have purchased access shall be the sole evidence of our acceptance of your order of a digital product or service. We reserve the right, without prior notice, to limit the order quantity of any product or service and to refuse services to you. We also may verify information before we accept or ship any order.
Delivery. NTC will use commercially reasonable efforts to meet reasonable delivery dates as posted on the Site; provided, however, that any delivery dates provided by NTC to customers are estimates only, are subject to change, and are not of the essence. NTC will not be liable under any circumstances for its failure to meet such delivery dates.
Title and risk of loss to the products you purchase through the Site shall pass to you immediately upon Delivery.
Packing and Shipment. All products will be packed for shipment in NTC’s standard shipping cartons and marked for shipment to the destination specified an order. Unless otherwise agreed to in writing by the parties, NTC shall select the carrier. Each partial shipment made under any order shall be treated as a separate transaction and payment shall be made accordingly.
Title and Risk of Loss. Delivery of all products hereunder shall be Ex Works (Incoterms 2010) NTC’s point of shipment (“Delivery“). Subject to the acceptance provision below, title and risk of loss to the products you purchase through the Site shall pass to you immediately upon Delivery. All freight, insurance and other shipping expenses for your purchase shall be paid by you.
You must comply with any additional terms when using coupon codes or responding to other promotions.
You must also comply with any terms and conditions applicable to products and services you agree to purchase.
Coupon Codes and Promotions. We may run promotions or provide coupon codes for discounts on fees. The specific rules and regulations governing promotions and coupon codes will vary, and your participation constitutes your agreement to abide by those rules and regulations.
Other Terms and Conditions. We may provide notice of other terms and conditions that apply to specified products and services. You accept such terms and conditions when you purchase such products and services.
You are responsible for all purchases you make through the Site. We may change the prices of products and services at any time without notice.
You Agree To Pay Us For Your Purchases. You agree to pay any purchase price plus all applicable taxes for the products and services you agree to purchase through the Site. You agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments.
Price Changes. NTC reserves the right to change its prices at any time for any reason, in our discretion and without notice.
We may seek pre-authorization from your payment method prior to completing a transaction.
Pre-Authorization. When you provide billing information to us to pay for any charges for purchases through the Site, we, through our third-party payment processor, may seek pre-authorization of your account prior to a purchase to verify the account is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations may reduce your available balance by the authorization amount until it is released or reconciled with the actual charge.
Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter.
We offer no refunds.
Refunds. Unless otherwise displayed on the Site with respect to certain products or services, we do not provide refunds, except in our sole discretion. We reserve the right, but are not obligated, to refund some or all amounts paid to us on a case-by-case basis. Please contact email@example.com to dispute a charge or request a refund.
You are responsible for any taxes or fees. All transactions are in U.S. dollars.
Taxes. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Site. NTC is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
Currency. All monetary transactions take place in U.S. dollars.
We use third-party payment processors. You agree to pay any fees associated with such payment processing.
We do not guarantee any particular form of payment will be available to make a payment.
Third-Party Payment Processors. NTC currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen. Only those payment methods accepted by our third-party payment processor can be used to pay a fee through the Site.
Fees Charged by Third-Party Payment Processors. The Site uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and NTC is not responsible for any fees charged by them. NTC disclaims all liability with regards to any fees or problems you have with third-party payment processors.
Availability of Certain Forms of Payment. NTC makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Site.
ELIGIBILITY TO USE THE SITE
Children. No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The SITE AT ANY TIME OR IN ANY MANNER.
Agent of a Company, Entity, or Organization. If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
- are an authorized representative of that Organization;
- have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
NTC may communicate with you by email or posting notice on the Site.
You agree to receive email from us at the email address you provided to us for customer service-related purposes. We may also send you newsletters and other communications when you request them.
NTC’S CONTENT OWNERSHIP AND USE
NTC owns or has rights to all of the content we make available through the Site, but you may use it as you use the Site. You may not use our logo without our written permission.
The contents of the Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other NTC content (collectively, “NTC Content“). All NTC Content and the compilation (meaning the collection, arrangement, and assembly) of all NTC Content are the property of NTC or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Site and the NTC Content solely for educational non-commercial use. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the NTC Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original NTC Content on any copy you make of the NTC Content.
NTC Marks. “NTC,” the NTC logo, and other NTC logos and product and service names are or may be trademarks of NTC (the “NTC Marks“). You may use the NTC Marks for educational non-commercial use, but we reserve the right to prohibit or prevent you from using NTC Marks at any time, in our sole discretion.
USER CONTENT AND OUR LICENSE TO USE IT
You, or the people who allow you to use their content, own all of the content you post using the Site. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
NTC Claims No Ownership. The Site may provide you with the ability to create, post, or share content (“Your User Content“). NTC claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Site. You are responsible for protecting those rights.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Site, any right, title, or interest in or to such content delivered via the Site or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Site. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The Site contains content from users and other NTC licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.
Tell us if you think a user has violated your copyright using the Site, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
- Your name, address, telephone number, and email address (if available);
- 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may terminate the accounts and/or prevent content posting of users who repeatedly infringe copyright holders’ copyrights. A “repeat infringer” is a user who, on more than two occasions, has been determined by final order of a United States court to have infringed the copyright rights of a third party by providing infringing content through the Site.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to firstname.lastname@example.org or at New Teacher Center, 110 Cooper Street, Suite 500, Santa Cruz, CA 95060. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
SUGGESTIONS AND SUBMISSIONS
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas“), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
USER CONTENT DISCLAIMERS, LIMITATIONS, AND PROHIBITIONS
You are responsible for your actions when using and relying on the Site or content available on the Site.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content“). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Site. NTC does not endorse any, nor is it responsible for, User Content on the Site. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the Site, try to break it, or steal our hard work.
You agree to use the Site only for its intended purpose and in an authorized manner. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site, unless specifically allowed by these Terms;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to NTC or others; or
- access the Site from a jurisdiction where it is illegal or unauthorized.
CONSEQUENCES OF VIOLATING THESE TERMS
If you do not act acceptably, we may prohibit your use of the Site.
Without limiting any other remedies, we reserve the right to suspend or terminate your account and prevent access to the Site for any reason, at our discretion. We also reserve the right to refuse to provide the Site to you in the future.
NTC may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Site.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.
We are not liable for the actions of users when they use the Site. We may also change the Site at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Site or other websites.
Changes to the Site. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release NTC of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Site. Use the Site at your own risk.
Third-Party Websites and Applications. The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Third-Party Functionality. The Site may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include NTC and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Site at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you involving the Site. If you use the Site in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU 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 RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO, CORRUPTION OF, interference WITH, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF NTC CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any NTC Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL
We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Site.
These Terms and the relationship between you and NTC shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and NTC agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Santa Cruz county in the state of California. You covenant not to sue NTC in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site or these Terms:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Attn: Legal Department
New Teacher Center
110 Cooper Street
Santa Cruz, CA 95060