You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services. You should only provide Content that you are comfortable sharing with others under this Agreement.
We reserve the right at any time, with or without cause, to:
change the terms and conditions of the Terms;
change the Website, including eliminating or discontinuing any feature of the Services; or
deny or terminate your use of and/or access to the Services.
Any change(s) we make will be effective immediately upon our making such change(s) available on the Services or otherwise providing notice thereof. Any changes we make are intended to be prospective only. You agree that your entering, re-entering, or continuing to use the Services thereafter constitutes your acceptance of such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms.
YOU UNDERSTAND THAT BY USING THE SERVICES, ARE AGREEING TO BE BOUND BY THIS AGREEMENT OF USE AND ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS, RULES, AND REGULATIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.
You hereby affirm that you are at least 13 years of age, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and to abide by and comply with the Terms. If you are under 18 years of age, you further affirm that you either: (i) are an emancipated minor, or (ii) possess legal parental or guardian consent.
Educators Rising does not knowingly solicit data from children or knowingly market to children. We are concerned about the safety of children and their use of the Internet and, in accordance with the U.S. Children's Online Privacy Protection Act, we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable legal parental or guardian consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable legal parental or guardian consent, we will delete that information from the Website as quickly as reasonably practical.
Educators Rising wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website of GetNetWise.org (http://www.getnetwise.org/).
We are a 501(c)(3) non-profit focused on cultivating highly skilled educators by guiding young people on a path to becoming accomplished teachers, beginning in high school and extending through college and into the profession (our "Mission"). The Website is designed, and all uses of the Website are intended, to be in furtherance of our Mission.
Permitted Use of Services and Information
The services made available on, by or through the Services, which include or may include, without limitation, Educators Rising membership, applying for employment or internship with Educators Rising involvement in Educators Rising events, message boards, blogs, public forums, on-line donations, and the Educators Rising online store ("Educators Rising Store") (collectively, the "Services"), as well as any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the "Information"), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale or political campaign. Without the written consent of Educators Rising, no Information or any other Educators Rising materials or property may be copied, reproduced displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.
Educators Rising will allow you to view and print a reasonable number of copies of information, documents and web pages located on the Services for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (i) you must retain all trademark, copyright, and other proprietary notices contained in the original materials, (ii) you must provide attribution to Educators Rising and/or PDK, and if possible provide a reference to the Website, (iii) the material must be printed in its entirety without modification, reformatting or adaptation of any kind, (iv) any such copies are subject to the terms and conditions of the Terms and remain the property of Educators Rising, and (v) you agree to advise any person to whom you share the materials as to the Terms and they must agree to abide by the Terms. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Educators Rising promptly of any such unauthorized use(s) of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Educators Rising or others.
Acceptable Use Policy
You agree not to use the Information, Services or the Website to take any action(s) that:
are contrary to Educators Rising ‘s public image, goodwill or reputation or otherwise not in furtherance of our Mission;
infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
express or imply that any of your statements, activities or causes are approved or endorsed by us, without our prior written consent in each instance;
violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Terms to any third party, or otherwise commercially exploit or profit from the Information, Services or content of the Website, or any portion thereof, in any manner whatsoever;
"frame" or "mirror" any part of the Website without our prior written authorization;
distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Educators Rising or its licensors or suppliers;
involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website's servers or any data not intended for you;
harvest or collect information about Website visitors or members without their express consent; and/or
relate to political candidate campaigns or advertising or fundraise for, assist, support, or oppose candidates for public office.
Any such improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and may also result in civil and/or criminal liabilities.
Registration and Membership
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Educators Rising cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
As a member of Educators Rising, as part of your use of the Services, you may participate in certain message boards, blogs or other public or non-public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any messages, text, photos, information, suggestions, feedback or content provided by you may be viewed by the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates and licensees, without compensation to you or others, to copy, adapt, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of our operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted or provided by you. By posting or providing such content on the Services, you represent to Educators Rising that you own or have the right to use and permit us to use such content in the manner stated above. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates and licensees (without compensation to you or others) to reproduce, print, publish, disseminate or otherwise use in any format or media (whether now known or hereafter created) your name, voice and likeness in furtherance of our operations throughout the world, and such permission cannot be revoked for any reason.
You further agree that we may use the posted or provided content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any content for any reason, and to edit, refuse to post or remove any content submitted by you or others. We cannot and do not guarantee that we will post all content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any posting for any reason, we have no obligation to delete content that you personally may find objectionable or offensive. We do not control in real time the information posted via the Services and as such do not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in this agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on any message board, blog or other public forum.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Claims of Copyright Infringement
The Digital Millennium Copyright Act (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 hosted by Educators Rising infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Educators Rising to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) 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. 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.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to:
By Mail: Copyright Designated Agent Cathy Ruf, Esq. Phi Delta Kappa International P.O Box 7888 Bloomington, IN 47407
Please read this section carefully since it limits the liability of Phi Delta Kappa International (Doing Business as “Educators Rising”) and its subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Educators Rising Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Third Party Links
Payments, Purchases and On-Line Donations
Descriptions or images of, or references to, products or services on the Website do not imply our approval or endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees and charges associated with any product or service, to cancel or limit the order quantity on any product or service, to reject, correct, cancel or terminate any order, and/or to refuse service to you for any or no reason.
Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Once you have completed your purchase, an e-mail confirming your order will be sent to the email address you provide. Please keep this e-mail as it is your sales receipt and order confirmation for products and/or services ordered, and will include your order number.
All sales of merchandise through the Educators Rising Store and all returns and exchanges are subject to our standard sales terms and conditions as set forth in the Terms. We reserve the right, without prior notification, to change our standard sales terms and conditions at any time. Educators Rising will accept returns of current merchandise in original condition within 21 days of receipt, for replacement or refund of the purchase price at our option. Shipping and handling costs are non-refundable. Please note that we do not accept returns for discounted merchandise. If your order is incomplete, incorrect, or damaged, please email us firstname.lastname@example.org, or call us at 800-766-1156. Our customer service hours are 9am-5pm eastern time, Monday-Friday.
Send Returns and Exchanges to: Educators Rising Website Returns 216 W. Eighth St, Suite 216 Bloomington, IN 47404
Be sure to include a copy of your packing slip and please write the reason for the return or exchange.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL PRODUCTS PURCHASED THROUGH THE EDUCATORS RISING STORE ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE ARE HEREBY EXPRESSLY DISCLAIMED. EDUCATORS RISING'S SOLE AND EXCLUSIVE LIABILITY FOR BREACH OF ANY WARRANTY OR OTHERWISE IN CONNECTION WITH ANY PRODUCT SHALL BE TO REPLACE THE ITEM OR REFUND THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS SET FORTH ABOVE.
The Website is owned and operated by PDK, Educators Rising, and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Educators Rising and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in the Terms, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written consent. The Information, Website, and Services may be used solely (a) to the extent permitted in the Terms or (b) as expressly authorized in writing by Educators Rising or, if so indicated in writing by Educators Rising, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered trademarks of PDK, Educators Rising, Educators Rising licensors and suppliers, and/or others. Nothing contained in the Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of PDK, Educators Rising, Educators Rising licensors or suppliers, or the third party owner of any such Trademark.
THE SERVICES, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND WEBSITES, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICES ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
You agree to fully indemnify, defend, and hold PDK, Educators Rising, our affiliates, licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of the Terms, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your willful misconduct or gross negligence.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EDUCATORS RISING ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PDK OR EDUCATORS RISING ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID EDUCATORS RISING, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE EDUCATORS RISING ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Waiver and Severability
The failure of Educators Rising to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.
Controlling Law and Jurisdiction
This Agreement and any action related thereto will be governed by the laws of the State of Virginia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Arlington County, Virginia, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, this Agreement and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Virginia (excluding choice of law).
We may revise this Agreement from time to time, the most current version will always be at www.educatorsrising.org. If the revision, in our sole discretion, is material, we will notify you via an @EducatorsRising update or email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Educators Rising, 1525 Wilson Blvd, Suite 705, Arlington, VA 22209. If you have any questions about this Agreement, please email email@example.com or call (800) 766-1156.