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You warrant that you are of legal age to use the CenterPoint Web Site (the “Site”).
CenterPoint is a non-profit organization committed to creating high-quality, innovative solutions to empower educators and improve learning for all students.
The CenterPoint Web Site may contain message boards, bulletin services, or other interactive features that allow users to provide user-generated content, ideas, solutions, concepts, techniques, data, or other information (“Submission“) to the Site. By doing so, you hereby consent to the following:
By providing any Submission to the Site, you represent and warrant that you have all rights necessary to submit such Submission, and that the content of the Submission is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
All content on the Site is provided to you “as is” for your information. You may not use the content or resources for non-educational or commercial activities without express written consent of CenterPoint, which may be withheld for any or no reason. All use of content or resources used by you from the Site must be unedited and directly attributed. You may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any content of this Site without the express written consent of CenterPoint, which may be withheld for any or no reason. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the content or any digital rights management mechanism, device, or other content protection or access control measure associated with the content.
CenterPoint reserves the right to review materials posted to the Site and to remove any materials at its sole discretion. CenterPoint further reserves the right to reject, refuse to post or remove any Submission posted or submitted by you, or to deny, restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. For avoidance of doubt, CenterPoint has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Site.
CENTERPOINT IS NOT RESPONSIBLE NOR DOES IT WARRANT, GUARANTEE, RECOMMEND, OR ENDORSE, AS APPLICABLE (i) THE ACCURACY, QUALITY OR EFFECTIVENESS OF ANY SUBMISSION BY ANY USER, (ii) ANY CONVENIENCE TRANSLATION IF THE ORIGINAL SUBMISSION IS NOT PROVIDED IN THE ENGLISH LANGUAGE, OR (iii) CONTENTS ACCESSIBLE THROUGH LINKS TO OTHER WEB SITES ON THE SITE.
You are responsible for all of your activity on the Site and shall abide by all applicable national, state, local, and foreign laws, treaties and regulations in connection with your use of the Site, including those related to data privacy, international communications and the transmission of technical or personal data. You shall immediately report to CenterPoint and use reasonable efforts to immediately stop any copying or distribution of content that is known or suspected by you to infringe the intellectual property rights of any other third party.
You agree to use the Site only to make Submissions or to otherwise post, send and receive information that are proper and related to the services on the Site. By way of example, and not as a limitation, you agree that when using the Site, you will not:
As a condition of your use of the Site, you warrant to CenterPoint that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
The CenterPoint names, its logos, and product names are trademarks of CenterPoint and no right or license is granted to use them.
As a condition of use of the Site, you agree to indemnify CenterPoint, its affiliates, partners, officers, directors, employees and agents, from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising from: (i) your use of and access to the Site, (ii) your violation of any term of this Agreement, (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right, or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive termination of this Agreement and your use of the Site.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of CenterPoint, users, or the public.
CenterPoint has implemented procedures for receiving written notification of claimed copyright infringements pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, you may submit a written notice to CenterPoint at the address given below. All notices must contain the following:
Please submit your notice to the following address:
Attn: Contracts Department
1747 Pennsylvania Avenue NW
Washington, .C. 20006
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CENTERPOINT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OF THE SITE OR PERFORMANCE OF ANY SERVICES ON THE SITE, (ii) THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES ON THE SITE, INFORMATION, SOFTWARE, PRODUCTS OR OTHER DATA OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CENTERPOINT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED OR CONSIDER THAT ANY HARM MAY HAVE BEEN CAUSED BY OR ARISEN IN RELATION TO ANY PORTION OF THE SITE OR ITS ADMINISTRATION, YOU MAY CLOSE YOUR ACCOUNT AND DISCONTINUE USING THE SITE, AND SUCH DISCONTINUANCE SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
These terms and conditions will be governed, interpreted and enforced in accordance with the laws of the District of Columbia, United States of America, without giving effect to the conflict of laws provisions of that jurisdiction. Any legal action over the contents of the Site not subject to Arbitration shall be brought in the federal courts located in Washington, D.C. No waiver by CenterPoint of any provision of these terms and conditions shall be binding except as set forth in writing signed by its duly authorized representative.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CENTERPOINT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by CenterPoint without restriction.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CenterPoint as a result of this agreement or use of the Site. CenterPoint ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CenterPoint’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CenterPoint with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
CenterPoint reserves the right to change the terms, conditions, and notices under which the Site is offered. Such modification shall be effective upon its posting on the Site. Your continued use of the Site after a revised Agreement is posted signifies your acceptance of the revised Agreement. You should therefore review this Agreement regularly when accessing the Site, and when we notify you of any changes thereto.
Last Updated: November 23, 2016
As used in this Policy, the following terms have a specific meaning:
Personally Identifiable Information
PII is information that is about or pertains to a specific individual and can be linked to (identified with) that individual.
Aggregated information, demographic information and any other information that does not reveal the specific identity of an individual. Examples of Anonymous Information include, without limitation, page visits, time spent on a page, entry and exit pages, downloads, country, region, and locality.
An IP Address
The Internet Protocol address of the computer an individual uses to access the Site (and the Internet more generally).
When you access or use the Site, we may collect two types of information: (1) personally identifiable information (PII) and (2) Anonymous Information.
We will collect PII that you provide to us. Examples include, but are not limited to, when you send us an e-mail via the “Contact Us” page of the Site or sign up for our newsletter. We are not responsible for the use or disclosure of such PII by other Site Users and visitors. In providing us with such PII, you therefore assume the risk associated with any use or disclosure of such PII by other Site users and visitors.
When you visit the Site, certain Anonymous Information is automatically collected relating to that visit. The applicable web servers collect anonymous logs during user visits to the parcconline.org web site. This may be done through cookies, “clear GIFs” (a/k/a “web beacons,” or “pixel tags”), or similar technologies to retain information about you and your use of the parcconline.org Sites.
Cookies are small data files that are sent to your browser or related software from a web server and stored on your computer or device. Cookies often include an anonymous unique identifier and track and store your user preferences while using the Web Site as well as technical information about your use of the Web Site.
Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may in some cases preclude you from using, or negatively affect the display or function of, the Site or certain areas or features of the Site. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org/.
We automatically collect data about your IP Address. Also, if you access the Site from a mobile or other device, your unique device identifier assigned to that device or other transactional information for that device may also be collected.
All of these technologies are designed to improve and personalize your experience using the Site. By using the Site, you consent to the use of the tracking technologies as described above.
We may use the PII we collect from you (as described above) to send you e-mail messages, mailings, or otherwise contact you in response to your requests. We may use your PII for our general recordkeeping purposes, and we may combine the PII we collect from you with other information, including both PII and non-PII obtained from other sources, including other Users, for purposes of analysis relevant to the Site and the objectives of CenterPoint.
Where you have requested to receive e-mail updates from us, we may periodically send you emails that promote or otherwise contain information relating to the use of the Site and/or the Consortium. When you receive an e-mail from us, you may indicate a preference to “opt out” of, and thus to stop receiving further e-mails from us, by following the “unsubscribe” instructions provided in the email(s) you received or sending us an “opt-out” request using the contact information provided below, as applicable. We will not provide PII to third parties.
We use the Anonymous Information we collect to analyze Site visitor behavior as a measure of interest in, and use of, the Site. This information is used to create aggregate statistics regarding, for example, when the Site is accessed, the pages which refer visitors to the Web Site, the type of web browsers visitors use, and which pages of the Web Site are viewed. These statistics help us understand how the Web Site is used and provide us with valuable information for improving the Web Site in the future.
We may disclose PII or other information collected through the Web Site in response to legal process or when we believe in good faith that the law requires it, for example, in response to a court order, subpoena, or a law enforcement agency’s request. We also may disclose such information to protect the security and operation of the Web Site or the rights of other Web Site users, and to protect ourselves and our partners, affiliates, consultants, suppliers, and providers against liability, or if we have reason to believe that someone is causing or threatening to cause injury to or interference with CenterPoint’s rights or property, as well as to protect against fraud.
You may access and review the PII we have collected about you, and correct or update that information, by sending us an e-mail with requested changes. For your protection, we will only implement such requests with respect to the PII associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.
We will endeavor to comply with your request as soon as reasonably practicable, including a request for deletion of PII from our records. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed.
Please note that we are not responsible for correcting, updating or deleting any PII information on the Web Site.
We endeavor to protect the security and integrity of PII we collect by implementing physical, electronic and managerial procedures to safeguard and secure the information from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, whether during transmission through the Internet, while stored on our data systems or otherwise maintained by us, will be absolutely safe from intrusion by others, such as hackers. This includes information provided to us by email, through direct postings on the Web Site, or through the “Contact Us” feature of the Site. In providing information through these channels, you should be aware that your transmission might not be secure while it is in transit, and that a third party could possibly view the information in transit.
We retain PII and Anonymous Information collected through the Site for operational, recordkeeping and legal purposes. We will retain PII about you for the period necessary to fulfill the purposes outlined in this Policy or our data retention policies, unless a longer retention period is required by law.
The CenterPoint Web Site is not directed at minors, nor do we knowingly collect any personally identifiable information from children under 13.
The Web Site may contain links to third-party websites. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We do not control the websites, applications or other services that are operated by third parties and we are not responsible for the data protection and privacy practices of these websites, applications or other services. Thus, we recommend that, once you access any such other website, application or service, you familiarize yourself with the privacy policies and practices governing that other website, application or service.
If you have any questions or comments regarding our privacy practices, you may contact us by email, postal mail, or phone at:
Attn: Contracts Department
1747 Pennsylvania Ave NW
Washington, DC 20006
Last Updated: February 6, 2017