Topic : Assessment » Diagnostic
ERIN PROJECT Terms of Use Agreement
1.Introduction
Welcome to the Education Resource Information NavigatorTM ("ERIN") Project. The ERIN ProjectTM is a proprietary, free-of-charge web-based interactive database that covers a wide range of topics on public education in the U.S. and provides impartial, comprehensive, up-to-date information related to facilitating useful and thoughtful analysis of issues facing public education in the U.S. (the "Services"). The ERIN Project is owned, operated, and maintained by the Laura and John Arnold FoundationTM, also known as LJAFTM, a tax-exempt, nonprofit organization dedicated to producing substantial, widespread, lasting reforms that will maximize individual opportunity and minimize societal injustice (www.arnoldfoundation.org).
2.Agreement to Terms of Use & Registration
As used in this Terms of Use Agreement (the “Agreement”), the terms “you” and “your” refer to you the individual and, as applicable, any corporation, organization, or other legal entity on whose behalf you accept this Agreement. By in any way navigating the ERIN Project website (including, but not necessarily limited to, following links available on the ERIN Project website; streaming and/or playing video content available on the ERIN Project website; and/or in any way accessing and/or viewing any informational content available on the ERIN Project website) beyond simply visiting the home page for the ERIN Project website, you signify your assent to, and acceptance of, this Agreement, the terms and conditions set forth herein, and the ERIN Project Privacy Policy, which is hereby incorporated by reference. If you do not fully assent to or accept this Agreement, please do not use or visit the ERIN Project website.
3.Your Rights & Obligations
a.Your Rights
On the condition that you comply with all of your obligations under the Agreement, LJAF grants you a limited, revocable, nonexclusive, nonassignable, nontransferable, nonsublicenseable right to access, through a generally available web browser or mobile device or application, and view information and use the Services in accordance with the Agreement. Any other use of the Services contrary to the Agreement is strictly prohibited and constitutes a violation of the Agreement. LJAF reserves all rights not expressly granted in the Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the ERIN Project, the Services, and all related it
b.Your Obligations
i.Applicable Laws and the Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and any policies and procedures that LJAF may institute from time to time with respect to the ERIN Project and/or the Services.
ii.Service Eligibility
To be eligible to use the Services, you must meet the following criteria and hereby represent and warrant that you: (1) are 13 years of age or older; (2) are not currently restricted or prohibited from using the Services; (3) have indicated your assent to this Agreement by clicking the "ACCEPT" button at the end of this Agreement; (4) have full power and authority to enter into this Agreement in doing so will not violate any other agreement to which you are a party; (5) understand and agree that LJAF does not endorse, promote, or advocate a specific position with respect to the information and policies set forth in the ERIN Project; and (6) will not violate any rights of LJAF, including intellectual property rights such as, but not limited to, patent, copyright, or trademark rights.
iii.Registration and Use of the Services
You agree to: (1) register to use the services using a non-public device, access to which you control (a "Registered Device") and (2) not permit any individual other than you to use a Registered Device to use the Services. Further, you agree that you are responsible for any acts or omissions that occur through use of the Services through any Registered Device of yours.
iv.LJAF and Third Party Intellectual Property Rights
The ERIN Project and the Services contain copyrighted material, trademarks, and other proprietary information of LJAF including, but not limited to, software, photos, graphics, data, and images. The ERIN Project and the Services also contain copyrighted material, trademarks, and other proprietary information licensed by, or otherwise made available to, LJAF from third party content suppliers. You agree not to unlawfully modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any copyrighted material or trademarks included in the Services. Except as otherwise expressly permitted by this Agreement, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or modification or commercially exploitation of any copyrighted material included in the Services is permitted without the express permission of the copyright owner. In the event of any copying, redistribution, or publication of copyrighted material as permitted by this Agreement, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.
You may use the Services for purposes of internal research, which in no case shall allow for sale, re-sale, or distribution of protected materials available through the Services. Nothing in this Agreement shall be interpreted to limit in any way whatsoever, your rights under the Fair Use provisions of United States copyright law to make any Fair Use of Services and any information available therein, or portions thereof, for non-commercial purposes.
Nothing herein is intended to or shall limit you from using the Services for any non-commercial purpose otherwise permissible by applicable law
v.Privacy
4.LJAF Rights & Obligations
a.Services Availability
For as long as LJAF continues to offer the Services, LJAF shall seek to update and improve the Services, but only at its sole discretion and without any duty to do so. LJAF permits you to use the Services as they may exist and be available on any given day and has no other obligations to you, except as expressly stated in the Agreement. LJAF may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, in LJAF's sole discretion. LJAF further reserves the right to withhold, remove and/or discard any content or information made available as part of the Services. For avoidance of doubt, LJAF has no obligation to store, maintain or provide you a copy of any content that you may have had access to at any point when using the Services.
b.Third Parties
LJAF may include links to third party web sites ("Third Party Sites"). LJAF also may enable Platform Developers to create applications ("Platform Applications") that provide features and functionality using data and developer tools made available by LJAF.
You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways LJAF would not.
LJAF is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. LJAF also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an "as-is" basis without any warranty as to the Platform Developer's actions.
c.Disclosure of User Information
You acknowledge, consent and agree that LJAF may access, preserve, and disclose your registration, and any other, information you may provide to LJAF if LJAF is required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in LJAF's opinion to: (1) comply with legal process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce the Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, third party entity, or government agency; (4) respond to service-related inquiries; or (5) protect the rights, property, or personal safety of LJAF, users of the Services, or the public.
5.Indemnity
You agree to defend, indemnify and hold harmless LJAF (including any successors), and its founders, directors, officers, managers, employees, agents, and contractors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of the Agreement, including without limitation, your breach of any of the obligations, representations, and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights, trademark rights, copyrights, or any intellectual property right of any kind whatsoever; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claims or damages that arise as a result of your use of any content, data, or information provided or accessible through the Services; or (vi) any other party's access and use of the Services either on a device registered by you or where such access or use of the Services is facilitated or enabled by you in any way.
6.Disclaimer of Warranty
Some jurisdictions do not allow the disclaimer of implied terms in contracts; As a result, the contents of this section may not apply to you.
Do not rely on the ERIN project, any information therein, or its continuation. LJAF provides the platform for the ERIN project and all information and services on an "as is" and "as available" basis. LJAF does not provide any express warranties or representations.
To the fullest extent permissible under applicable law, ljaf disclaims any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular ; purpose, title, and noninfringement. if you are dissatisfied or harmed by the ERIN project or anything related to the ERIN project, you may terminate this agreement by ceasing to use the services and such termination shall be your sole and exclusive remedy.
LJAF is not responsible, and makes no representations or warranties for the delivery or transmission of any messages, data, or information via the ERIN project. in addition, ljaf neither warrants nor represents that your use of the services will not infringe the rights of third parties. any material, service, or technology described or used on or by the services may be subject to intellectual property rights owned by third parties who have licensed such material to LJAF.
LJAF does not guarantee that the services it provides in connection with the ERIN project will function without interruption or errors in functioning. in particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. LJAF disclaims all liability for damages caused by any such interruption or errors in functioning. furthermore, ljaf disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the ERIN project database and/or website and/or services due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason whatsoever.
7.Limitation of Liability
Some jurisdictions do not allow the limitation or exclusion of liability in contracts; as a result the contents of this section may not apply to you.
You understand that the Services are being provided free-of-charge. You further understand that LJAF is a nonprofit corporation that derives no financial benefit from the ERIN Project, including operating and maintaining the ERIN Project and your use of the Services. Accordingly, neither LJAF (including any successors) nor any of its founders, directors, officers, managers, employees, agents, and contractors shall be liable to you or any third party for any special, incidental, direct, indirect, punitive or consequential damages or loss of use, profit, revenue or data arising from your use of the Services.
a. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, or (2) LJAF knew or should have known about the possibility of such damages; and
b. Not apply to any damage that LJAF may cause you intentionally or knowingly in violation of the Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed by the Agreement.
8.Termination
a.Mutual Rights of Termination
You may terminate this Agreement, for any or no reason, at any time, by ceasing to use the Services.
LJAF may terminate the Agreement for any reason or no reason, at any time, with or without notice. Termination shall be effective immediately or as may be specified in any notice that LJAF, at its sole discretion, may provide. Termination may include disabling your access to and barring future use of the Services.
For further clarity, and without limitation, LJAF may terminate the Agreement in the event you: fail to meet any obligation owed under the Agreement; violate any representation or warranty made under the Agreement; violate any law or regulation affecting or relating to the Agreement or the Services provided hereunder; violate a duty owed LJAF under the Agreement; or misuse the Services as provided for below.
b.Misuse of Services
LJAF may restrict, suspend or terminate your use of the Services in the event you misuse the Services ("Misuse"). By way of example, and without limitation, Misuse of the Services includes: using the Services in violation of any obligation, representation, or warranty you have or have made under the Agreement; using the Services in violation of any rights LJAF possesses under the Agreement; abusive conduct of any kind whatsoever; using the Services in any deceptive manner whatsoever; using the Services commercially; infringing any intellectual property rights; using the Services in any unlawful, or potentially unlawful, manner; or any other behavior that LJAF, in its sole discretion, deems contrary to the purpose of the ERIN Project
c.Effect of Termination
Upon the termination of the Agreement, you shall lose any right to access the Services. In addition, LJAF may block access to the Services from any IP address associated with you. The following terms of the Agreement shall survive any termination: Sections 3, 5, 6, 7, and 9.
9.Miscellaneous Provisions
a.Venue
Any dispute arising under or in connection with the Agreement or in any way related to the Agreement or to any matter or services that are the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in the County of Harris, State of Texas, United States of America.
b.Choice of Law
Notwithstanding any otherwise applicable conflicts of laws principles and any otherwise applicable international treaty provisions, all matters relating to the validity, interpretation and enforcement of the Agreement shall be exclusively governed by and determined under the laws of the State of Texas.
c.Assignment
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation by you shall be ineffective.
LJAF may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. LJAF may also substitute, by way of unilateral novation, effective upon notice to you, LJAF for any third party that assumes LJAF's rights and obligations under the Agreement.
d.Amendment
LJAF reserves the right to modify, supplement or replace the terms of the Agreement. To continue to use the Services following any such modification, supplement, or replacement, you will be required to indicate your assent to the Agreement as modified, supplemented, or replaced by clicking acceptance in the same manner described in Section 2, above. If you do not want to agree to changes to the Agreement, you can decline to accept.
e.Severability
If for any reason a court of competent jurisdiction finds any provision, term, condition, obligation, or duty of this Agreement, or any portion thereof, to be unenforceable, the balance of the Agreement shall continue in full force and effect.
f.Nonwaiver
The failure of LJAF to insist in any one or more instances upon strict performance of, or compliance with, any provision of this Agreement by you, or to take advantage of any of its rights or remedies hereunder, shall not be construed as a waiver by LJAF of any such provision, right, or remedy with respect to any subsequent nonperformance or failure of compliance by you, or a modification of any such provision, but the same shall remain in full force and effect.
g.Entire Agreement
You agree that the Agreement constitutes the entire, complete and exclusive agreement between you and LJAF regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of the Agreement.
