Learning ZoneTerms of Use

Effective Date: June 18, 2015

Last Updated Date: July 7, 2017

I. Introduction and Eligibility

New Teacher Center (“NTC”) is a national nonprofit organization dedicated to improving student learning by accelerating the effectiveness of new teachers, experienced teachers, and school leaders. NTC works with schools districts, state policymakers, and educators across the country to develop professional learning programs aligned with district learning goals. NTC programs include coaching, consulting, professional development, and provision of a variety of related tools, all taking place within school and online environments designed to support educators. The proprietary methodologies used and shared by NTC in working with its clients reflect years of research and development.

Please read these Terms of Use (“Terms”) carefully before using the “Service” (as defined below).

These Terms include NTC’s Privacy Policy, which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

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 Service means you accept any changes.

Binding Agreement. These Terms constitute a binding agreement between you and NTC and its affiliates and subsidiaries (collectively “NTC,” “we,” “us”). “You” and “users” shall mean all visitors to the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. 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 Service. Should the provisions of any applicable services agreement conflict with any terms and conditions of this Agreement, the terms and conditions in these Terms shall control.

Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms. If we make material changes to the Terms, such as when we add new functionality to the Service, we will attempt to notify you of the changes and request that you review and accept the updated Terms.

Other Terms & Conditions. By using the Service, you may be required to agree to other terms & conditions, including those from third parties who provide certain functionality of the Service.

The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Service.

II. The Service

The “Service” means any website, mobile application, or Internet services accessible as part of NTC’s Learning Zone platform and related Internet services under NTC’s control, whether partial or otherwise, in connection with providing its services. The Service provides an online platform allowing teachers to access individuals and other resources to help them improve their teaching effectiveness.

The Service provides information, data, resources, and advice, but you assume full risk and responsibility for your use of information obtained through the Service.

Educational Information Only. You acknowledge that all of the information, data, resources, and content on the Service is provided “as is” for informational purposes only. Such information is not intended to substitute for your judgment. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Service or from NTC.

The products and services we provide through the Service are not exclusive to you.

Other Organizations. You acknowledge and agree that NTC provides products and services to other organizations throughout the country either through the Service or separate from the Service, and that such products and services may be similar to those that NTC will provide to you pursuant to these Terms.

We do not screen users and are not responsible for their conduct.

Screening Users. NTC does not screen its users or verify profile information provided through the Service, though NTC has the right to monitor such information. NTC does not have responsibility for the conduct of such users, including the content of messages posted by users. Contact us at abuse@newteachercenter.org to notify us of inappropriate or illegal conduct or content you encounter on the Service, as we have the right to terminate a user account and remove content for any reason.

Carefully consider what you post to the Service and make available to other users, because another user could use the information you post to the Public Areas of the Service in a negative manner.

Privacy and Confidentiality. These Terms and the Learning Zone Privacy Policy apply to all user data in the Service, including any content and data files you post to the Service. Information you post to the areas of Service available to all users (“Public Areas”) is not private and can be accessed or viewed by other users. You agree that you will not post to any Public Areas of the Service any personal and/or contact information that you would not want to be publicly available. We urge you to carefully consider what you post, as another user could use the information you post to the Public Areas of the Service in a negative way. Information you provide to NTC through the Service is treated according to our Learning Zone Privacy Policy. You promise to keep all information provided to you through the Service, including personal and contact information related to other users, as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.

Do not post information and photographs or videos identifying others without their consent.

Information, Photographs, and Videos about Users and Students. When you post to the Service information, photographs, and videos related to your classroom and other activities, please be respectful. Only post information, photographs, and videos with the consent of the individuals identifiable in them. You may be able to rely on the consent parents provide to your school or district allowing information about students to be used for improving instruction.

NTC does not collect or maintain student records on behalf of educational institutions as covered by FERPA.

No Education Records under FERPA. You understand and acknowledge that content posted to the Service will not be treated as an education record as defined under the Family Educational Rights and Privacy Act (FERPA). The Service provides resources for the benefit of teachers in their capacity as teachers, and any information and content posted to the Service are made in the districts’ and schools’ normal course of business and not available for any other purpose.

NTC does not guarantee that the mentors/coaches selected for you through the Service or mentors/coaches feedback and comments will meet your needs or help you obtain the results you want.

Mentors/Coaches. The Service may connect you with mentors/coaches whose purpose is to help improve your teaching effectiveness. Mentors/coaches may provide you with comments and feedback intended to help improve your teaching effectiveness. While NTC and its partner districts and schools will attempt to match you to mentors/coaches who will be helpful, you understand and agree that NTC cannot guarantee that interaction and the associated feedback and comments from the mentors/coaches will actually result in improved teaching effectiveness or help you achieve the results you want. You also understand and agree that feedback is intended to help you, and may identify areas for improvement. You agree that any feedback is intended to improve your teaching effectiveness, and is not a cause for any legal claims against NTC or the mentors/coaches, such as defamation claims or otherwise. NTC disclaims any responsibility or liability for any mentoring/coaching relationships, feedback, comments, and results that do not meet your expectations.

Video Exemplars. You may provide consent for NTC or a program to display any videos you post as exemplars on the Service. Your videos will not be used as exemplars without your consent.

We and group leaders control the existence, membership, and content communicated in groups. You may leave a group and close your account at any time.

Groups. You may choose to apply for or join a group. Only NTC or a group leader may create and delete a group and approve or deny group membership. We are not responsible for any disputes about group membership. We may communicate with group leaders outside of the Service to validate the existence of the group and for other reasons, at our sole discretion. To join a group, you may need permission from the group leader. As a group member, you may choose to exit a group at any time.

Comments to Content and Videos. Users may be able to post comments to content and videos you post. Please contact us at privacy@newteachercenter.org if you would like to request that a comment posted by another user be removed. We cannot guarantee that a comment will be removed upon request.

Uploaded forms may be deleted after NTC converts the form into database data and stores the data in the NTC database.

Deleting Uploaded Forms after Converting to Database Data. You agree that NTC may convert any information you upload to the Service on scanned forms into data that can be saved in NTC’s database. Such conversion may be necessary to use all of the services provided by NTC. NTC cannot guarantee that all data will be converted accurately or fully. After the data is stored in NTC’s database, NTC may delete the uploaded form. You may be able to update and modify the converted data through the Service.

You may not use the Service to spam other users.

No SPAM. You agree that your use of the Service shall not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize any means possible to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at abuse@newteachercenter.org.

NTC may use information posted to the Service and user usage statistics for research purposes and to improve its services.

Using Information and Content for Research and Service Improvements. When you post information and content to and use the Service, you agree that NTC and any third party researchers or advisors working with NTC may review and analyze such information and contenteven when the information and content is not shared with othersas well as Service usage patterns. We may use such information and content for research purposes and to improve NTC’s products and services. To meet regulatory, grant, and other business obligations, NTC also has the right to analyze such information and generate and distribute reports and other materials containing anonymized and aggregate data intended to help communicate the effectiveness of the programs and services NTC provides. NTC may identify your organization as NTC’s client in such reports and other internal or external materials and communications, including on NTC’s website.

NTC does not assume any responsibility for a program leader’s access to and use of the information and content available on the Service, including the use of information generated through your use of the tools available on the Service. The Service will provide notice if your program leader has access to your tool content.

District and Program Leader Access to Teacher Information. The Service provides functionality for programs to control what teacher-related information received by the Service, including mentoring/coaching analysis and results, is shared with program leaders. If you or your organization chooses to permit program leaders to see teacher-related information, including tool content generated through mentoring/coaching relationships, for the program, (1) you agree to the disclosure by NTC of such information about you, and (2) you and your organization represent and warrant that affected teachers are notified and provide any consent regarding the information disclosure as required under applicable laws or contracts. We reserve the right to withhold access to such information until we have received satisfactory assurances that such notice and consent was made.

The Service will attempt to provide you with notice that your information may be available to program leader(s). For example, you will see the following notification in green in the online tools platform and an icon by the specific program leader if a program leader can see your tool content

If you do not see this note, your program leader does not have access to your confidential online tool content, and NTC will allow access only to aggregate data reports that may show which aspects of the Service you use and how much, but not the tool content.

III. Eligibility to Use the Service

You must be over 18 years old or have the permission of a parent or guardian to use the Service. You may not use the Service if you are under 13 years old.

You may use the Service on behalf of an organization as long as you are an authorized representative of that organization.

Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The Service AT ANY TIME OR IN ANY MANNER.

Agent of a School District, School, or other Organization. If you are using the Service on behalf of a school district, school, or organization (collectively “Organization”), then you represent and warrant that you:

  1. are an authorized representative of that Organization;
  2. have the authority to bind that Organization to these Terms; and
  3. agree to be bound by these Terms on behalf of that Organization.

IV. Your Account

You are responsible for your log-in credentials and for keeping your information accurate.

You are responsible for any activity resulting from the use of your login credentials on the Service.

You represent and warrant that the information you provide to NTC upon the licensing of the Service and at all other times will be true, accurate, current, and complete.

Your Login Credentials. To use the Service, you will have login information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.

You agree to notify us immediately of any breach in secrecy of your login information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify NTC by e-mail at help@newteachercenter.org. You will be solely responsible for the losses incurred by NTC and others due to any unauthorized use of your account.

V. Communications

NTC may communicate with you by email or posting notice on the Service.

You agree to receive email from us at the email address you provided to us for customer service-related and informational purposes. For example, we may also send you newsletters when you sign up for them. You will have the option to opt-out of any marketing emails.

VI. NTC’s Content Ownership and Use

NTC has rights to all of the content we make available through the Service, but you may use it as you use the Service. You may not use our logo without our written permission.

The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, documents, guides, modules, training modules, resource and instructional guides, know-how and other writings, and other content regardless of form (i.e., whether video, paper, electronic or otherwise), whether tangible or intangible, or whether existing now or in the future (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 Service and the NTC Content solely to use, copy and distribute NTC Content to your organization’s personnel and only for your organization’s internal training purposes, as permitted at our discretion. Any other use is expressly prohibited. For clarity, you shall not and shall ensure that your organization’s personnel shall not (i) independently present the NTC Content in a module, academy, workshop or similar training environment without NTC’s prior written consent; (ii) use the NTC Content for commercial purposes; or (iii) make any derivative works of or otherwise modify the NTC Content. This license is non-transferable and 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 and not obscure 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 retains all right, title and interest in and to all NTC Content.

If at any time you acquire any right, title or interest in the intellectual property rights relating to the NTC Content, you hereby irrevocably transfer, convey, and assign to NTC all of your right, title and interest therein. You shall execute such documents, render such assistance, and take such other action as NTC may reasonably request, at NTC’s expense, to apply for, register, perfect, confirm and protect NTC’s rights to all intellectual property rights relating to 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”). NTC hereby grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to display the NTC Marks on your organization’s websites. Any display of the NTC Marks is subject to the NTC’s trademark usage guidelines, as may be provided by NTC in writing to Client from time to time. Any goodwill generated through use of the NTC Marks is owned by and will inure to the benefit of NTC. NTC may use your organization’s name in connection with NTC’s general marketing materials.

VII. User Content and Data 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 Service. 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 Service may provide you with the ability to create, post, or share information, data, and 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 Service. You are responsible for protecting those rights.

NTC’s Use of Posted Content on the Service. By creating, posting, or sharing Your User Content, and subject to the sharing controls provided by the Service and NTC’s Privacy Policy, you grant NTC a perpetual, irrevocable, world-wide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit Your User Content for (1) the purposes of facilitating, providing, improving, and evaluating any aspect of any programs or services NTC provides, (2) the purposes of promoting NTC and its services, and (3) research purposes, without compensation to you or your organization. You and your organization waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you or your organization. This license will terminate within a reasonable time after you stop using the Service, except with respect to Your User Content that has been incorporated into other content or is in a form that is no longer identifiable to you. You also hereby grant each user of the Service a non-exclusive license to access Your User Content through the Service for personal use only, subject to the sharing controls provided by the Service. NTC reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Service, any right, title, or interest in or to such content delivered via the Service 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 Service 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 Service 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 Service 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 Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

NTC’s Rights to Data Collected through the Service. By posting or sharing information or data on or through the Service, and subject to these Terms and NTC’s Privacy Policy, you grant NTC and any third party researchers, advisory board members, or other third parties with which NTC works a perpetual, irrevocable, world-wide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, create derivative works of, and otherwise use, modify, and exploit such information and data for the purposes of facilitating, training, providing, improving, and evaluating any aspect of the Service, without compensation to you. This license also grants NTC the right to use and disclose for any purpose, including for the purpose of promoting NTC and its services, anonymized and/or aggregate information derived from the information and data posted to or through the Service by you. This license will continue even after you stop using the Service.

The Service 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 Service.

VIII. Confidential Information

Non-Disclosure of Confidential Information. Neither NTC nor you or your organization shall disclose to any third party any confidential or proprietary information, including without limitation personally identifiable personnel and student data, financial data and mailing lists, product plans and strategies, technical data and research, know-how, and customer and related information which the disclosing party marks as confidential or which should reasonably be considered as confidential (“Confidential Information”), for any purpose other than performance of the services provided by NTC or as otherwise described in these Terms, without first having obtained the prior written consent of the party originally providing the Confidential Information of the other party. We, you, and your organization shall take reasonable measures to protect the confidentiality of Confidential Information and to avoid the unauthorized use and disclosure of the Confidential Information of the other party. For clarity, your organization’s name and general information about the scope of services by NTC to you and your organization are not considered Confidential Information. Moreover, information posted to the public portions of the Service is not Confidential Information.

Exceptions. Notwithstanding the prior paragraph, Confidential Information shall not be deemed to include information if: (i) it was already known to the receiving party (without improper conduct or breach of an obligation) prior to disclosure to the receiving party by the disclosing party, as established by documentary evidence; (ii) it is in or has entered the public domain through no breach of these Terms or other wrongful act of the receiving party; (iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (iv) it has been approved for release by written authorization of the owner of the Confidential Information; (v) it has been independently developed by a party without access to the Confidential Information of the other party; or (vi) it is in an anonymized and/or aggregate form and could not reasonably be used to identify an individual.

IX. Copyright Policy

Tell us if you think a user has violated your copyright using the Service, or if you think someone incorrectly reported that you violated his or her copyright.

NTC respects the intellectual property rights of others. If you believe your copyright has been violated on any NTC website or service, including the Service, please notify us as set forth under our Copyright Complaints page available at https://lzidp.newteachercenter.org/idp/module.php/core/dmca.php.

X. 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 Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:

  1. own, exclusively, all now known or later discovered rights to the creative ideas;
  2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

XI. User Content Disclaimers, Limitations, and Prohibitionss

You are responsible for your actions when using and relying on the Service or content available on the Service.

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 Service 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 Service. NTC does not endorse any, nor is it responsible for, User Content on the Service. 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 engage in activities related to the Service that are harmful or illegal.

You agree to use the Service only for its intended purpose and in an authorized manner. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:

  1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
  2. frame or link to the Service without permission;
  3. use data mining, robots, or other data gathering devices on or through the Service, unless specifically allowed by these Terms;
  4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  5. disclose personal information about another person or harass, abuse, or post objectionable material;
  6. sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
  7. post advertising or marketing links or content, except as specifically allowed by these Terms;
  8. use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to NTC or others; or
  9. access the Service from a jurisdiction where it is illegal or unauthorized.

XII. Consequences of Violating These Terms

If you do not act acceptably, we may prohibit your use of the Service.

Without limiting any other remedies, we reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service 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 Service.

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 Service.

XIII. NTC’s Liability

We are not liable for the actions of users when they use the Service. We may also change the Service 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 Service or other websites.

Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service 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 Service. 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 Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. 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 Service. Use the Service at your own risk.

Third-Party Websites and Applications. The Service 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 Service 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 Service.

Released Parties Defined.Released Parties” include NTC and its affiliates, officers, employees, agents, partners, and licensors.

A. DISCLAIMER OF WARRANTIES

You use the Service at your own risk. We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE Service AND ANY PRODUCTS, MATERIALS, OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service IS AT YOUR SOLE RISK, AND THE Service AND ANY PRODUCTS, MATERIALs, OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service 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, materials OR SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE Service, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE Service OR ANY PRODUCTS, materials, OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service WILL MEET YOUR REQUIREMENTS, (ii) THE Service WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE products, materials, or Services WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, materials, OR SERVICES AVAILABLE ON THE Service WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE Service WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Service 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 Service. If you use the Service 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 Service OR ANY PRODUCTS, materials, OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service; (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 Service; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE Service; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE Service. 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 Service 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 your access or use of the Service, including, but not limited to, (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.

XIV. Arbitration, Class Waiver, and Waiver of Jury Trial

NTC is based 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 Service.

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 Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Santa Cruz county in California or the Northern District of California. You agree 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 Service or these Terms:

NOTWITHSTANDING THE FOREGOING, THIS SECTION WILL NOT PREVENT EITHER YOU OR NTC FROM SEEKING INJUNCTIVE RELIEF FROM ANY COURT HAVING JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER OF THEIR DISPUTE RELATING TO THE USE OF INTELLECTUAL PROPERTY.

XV. General Terms

These Terms constitute the entire agreement between you and NTC concerning your use of the Service. Nothing in these Terms is intended to make any person or entity not a party to these Terms a third-party beneficiary of any right created by these Terms or by operation of law. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms and Privacy Policy are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

Notice. Any notice, approval, consent, acceptance, request, bill, demand, or statement hereunder from you or your organization to us shall be in writing and shall be deemed given when deposited with the United States Postal Service in a postage pre‑paid envelope sent regular mail or delivered by hand from one party to the other with an appropriate receipt obtained, addressed as follows:

New Teacher Center
110 Cooper Street, Suite 500
Santa Cruz, CA 95060
Attention: CFO/EVP Business Operations

Independent Contractor. NTC is an independent contractor when providing the Service. You, your organization, and NTC shall not represent itself as the agent or legal representative of the other party for any purpose whatsoever, and shall have no right to create or assume any obligation of any kind, express or implied, for or on behalf of the other party in any way whatsoever. These Terms will not create or be deemed to create or imply any relationship between the parties in the nature of any joint venture, employer/employee, principal/agent or partnership.

Force Majeure. You, your organization, and NTC shall not be responsible for any failure to perform its obligations under these Terms if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of transportation facilities, laws or governmental regulations or other causes that are beyond the reasonable control of such party. In the event that a force majeure event should obstruct performance under these Terms for more than thirty (30) calendar days, the parties hereto shall consult with each other to determine whether these Terms should be modified or terminated.

Contact Information

New Teacher Center
110 Cooper Street, Suite 500
Santa Cruz, CA 95060

info@newteachercenter.org