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Terms of Use

[last updated July 2011]

Terms of Use

These terms of use describe your rights and responsibilities when using the Responsive Classroom® website. Please read them carefully. By using the Responsive Classroom website, you accept these terms of use, and you agree to the collection and use of information as described in the Privacy Policy section of this document.

Northeast Foundation for Children, Inc. (NEFC), a 501(c)3 nonprofit organization with headquarters in Turners Falls, Massachusetts, is the developer of the Responsive Classroom approach and the owner of the Responsive Classroom website: responsiveclassroom.org (Website). We reserve the right to update or modify the Terms of Use for responsiveclassroom.org without advance notice by posting a revised Terms of Use to the Website. We encourage you to review the Terms of Use periodically. NEFC may also, in the future, offer new services and/or features through the Website, including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

By using responsiveclassroom.org, you agree to be bound by the version of the Terms of Use then in effect. If at any point you no longer agree to the Terms of Use, please discontinue your use of responsiveclassroom.org. NEFC may deny service to you at any time, including in the event you do not adhere to the Terms of Use.

If you have any questions about these Terms of Use or our Privacy Policy, please email us at: website@responsiveclassroom.org

You may also reach us by phone: 800-360-6332 or by mail:
Northeast Foundation for Children, Inc.
85 Avenue A, P.O. Box 718
Turners Falls, MA, 01376-0718

Your Account

Use of the Responsive Classroom website is not restricted to registered users, but you must create an account to access some features.You are responsible for maintaining the security of your account, and you are responsible for all activities that occur under the account and for any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. NEFC may change or remove any postings by you it considers inappropriate or unlawful or otherwise likely to cause NEFC liability. NEFC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You agree that the information you provide to NEFC and other members of the Responsive Classroom online community during registration and at all other times will be true, accurate, current, and complete.  You also agree that it is your responsibility to keep this information accurate and up-to-date. 

You must notify NEFC of any unauthorized uses of your account or any other breaches of security. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your username or password), then you agree to immediately notify NEFC by emailing website@responsiveclassroom.org or calling 800-360-6332.

Eligibility

Children under the age of 13 may not create an account at responsiveclassroom.org.

User Postings

NEFC may now or in the future permit the posting by You and other Users of comments, written works, images, audio works, audio-visual works or other communications (collectively, “User Postings”) and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, NEFC does not guarantee any confidentiality with respect to any submissions.

By submitting content to NEFC for inclusion on responsiveclassroom.org, you grant NEFC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content in whole or in part, in any media formats and through any media channels (now known or hereafter developed).  You also irrevocably grant the Website’s users the right to access your postings in connection with their use of the Site. If you delete content, NEFC will use reasonable efforts to remove it from responsiveclassroom.org, but you acknowledge that caching or references to the content may not be made immediately unavailable.

You are solely responsible for Your User Postings and the consequences of posting or publishing them. By uploading and publishing Your User Postings, You affirm, represent, and warrant that: 

(1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize NEFC and NEFC’s Users to use and distribute Your User Postings as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by NEFC and these Terms of Use;

(2) Your User Postings do not and will not: 

(a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or

(b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person;

(3) Your User Postings do not contain any viruses, adware, spyware, worms, or other malicious code.  Violators of third-party rights may be subject to criminal and civil liability.  NEFC reserves all rights and remedies against any User who violates these Terms.

(4) Your User Postings are relevant to the Responsive Classroom community, in keeping with NEFC's mission, and contain no advertisements.

You understand that when using the Site You will be exposed to User Postings from a variety of sources, and that NEFC is not responsible for the content of such User Postings (including, without limitation, the accuracy, usefulness, or intellectual property rights of or relating to such User Postings).  You further understand and acknowledge that You may be exposed to User Postings that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against NEFC with respect thereto. 

NEFC does not endorse or adopt any User Postings or any opinion, recommendation or advice expressed therein, and NEFC expressly disclaims any and all liability in connection with User Postings.  If notified by a User or a content owner of a User Posting that allegedly does not conform to these Terms of Use, NEFC may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice. 

Termination

You agree that NEFC, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with NEFC or Your use of the Site and remove and discard all or any part of Your account, User profile, and any User Posting, at any time.  NEFC may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice.  You agree that any termination of Your access to the Site or any account You may have or portion thereof may be effected without prior notice, and You agree that NEFC will not be liable to You or any third party for any such termination. 

Copyright

The copyright of the materials on the Website is owned by Northeast Foundation for Children, Inc. and/or the copyright owners who have given Northeast Foundation for Children, Inc. permission to use their materials on this website.

You acknowledge and agree that the information and materials presented on or through responsiveclassroom.org will remain the property of NEFC and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by or for NEFC (including photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content, and other elements, including photographs, comprising this compilation and produced by or for NEFC are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by or for NEFC.

Reproduction or re-use of materials

Except as specified in this section, you may not make copies of the materials on this website or reproduce them in any form, in whole or in part, unless you get written permission in advance from the copyright owner.

You may print, email, or otherwise share single copies of anything on this website for your own personal use. If you want to make multiple copies for distribution, please request permission from NEFC. Send requests to Amanda Verlander at amanda@responsiveclassroom.org.

Trademarks

The trademarks, service marks, logos and trade names displayed on responsiveclassroom.org (collectively the “Marks”) are the registered and unregistered trademarks of NEFC, NEFC’s licensors and suppliers, and others. All Marks on responsiveclassroom.org not owned by NEFC are the property of their respective owners. The Marks owned by NEFC, whether registered or unregistered, may not be used in connection with any product or service that is not NEFC’s.

Third-Party Sites, Services, and Links

Responsiveclassroom.org provides links to other websites and resources. Because NEFC has no control over these sites and resources, you acknowledge and agree that NEFC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. NEFC is providing these links to you only as a convenience.

Other websites may link or refer you to this website. NEFC is not responsible for the content of those websites. Such referrals or links are not a warranty by NEFC of the information and materials on the referring or linking websites. Neither are they an endorsement by NEFC of the organizations or individuals operating those websites.

Privacy Policy

NEFC is committed to protecting the privacy and security of visitors to our website. When you visit responsiveclassroom.org, you may provide us with two types of information: personal information you knowingly choose to disclose, and automatically collected information that’s gathered on an aggregate basis as you and others browse the website.

Personal Information You Choose to Provide

When you create an account, register for a course, or make a purchase at responsiveclassroom.org, you provide to us what is generally called “personally identifiable” information, such as your name, postal mailing address, e-mail address, home/business/mobile telephone number, and billing information. 

In addition, if you are a member of responsiveclassroom.org, you may choose to provide information about yourself that will be visible to other website visitors. Please be aware that if you decide to disclose personally identifiable information on publicly-accessible areas of the Responsive Classroom website (such as your Profile page), the information may become public. Please be cautious when deciding to reveal personal information, and contact us if you believe a visitor to the site is improperly collecting or using information about you or other users.

If You Sign Up for One of Our Mailing Lists

When you choose to sign up for one of our email lists or our print mailing list, we will collect relevant contact information. You will be able to manage your subscriptions from our website. In addition, each email communication you receive from us will include instructions for unsubscribing.

If You Make a Purchase or Register for a Course Online

You will be asked to provide contact information for verification, billing, and delivery purposes. Your contact information will be stored by us in a secure location, but we will not store your financial information (such as credit card number and expiration date). Our online store uses PCI-compliant Authorize.Net payment gateway to process your credit card information securely.

How Do We Use the Information You Provide to Us?

Broadly speaking, we use personal information for purposes of administering our business activities, fulfilling orders for products, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to the site, new services and special offers we think you will find valuable. You may at any time notify us of your desire not to receive these offers by e-mailing us at info@responsiveclassroom.org or calling us at 800-360-6332.

How Can You Update Your Information?

Email info@responsiveclassroom.org to request changes to personally identifiable information that we collect online and maintain in our database. To protect your privacy and security, we will take reasonable steps to verify your identity before granting your request.  Account-holders are responsible for maintaining the secrecy of their password and account information at all times. 

Automatically Collected Information

Similar to other commercial Web sites, responsiveclassroom.org utilizes a standard technology called ‘cookies’ and Web server logs to collect information about how the site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at the site, and the Web sites visited just before and just after this site. This information is generally collected on an aggregate basis, but we may connect your Web use information to your personal information.

How Do We Use Automatically Collected Information?

We use Web site browser software tools such as cookies and Web server logs to gather information about our Users’ browsing activities, in order to improve the Responsive Classroom website and our products, and to better serve our customers.

Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by users to the Responsive Classroom website as they move from one page to another. Web server logs allow us to count how many people visit the Responsive Classroom website and evaluate the Responsive Classroom website’s visitor capacity.

When Do We Disclose Your Information?

Except as otherwise noted here, we do not share personal information about Users with third parties unless doing so is appropriate to carry out a User’s request, or we reasonably believe that doing so is legally required or is in our interest to protect our property or other legal rights or the rights or property of others.

We may disclose both personally identifiable and automatically collected information to affiliated companies or other businesses or persons to process such information on our behalf, to provide website maintenance and security, to offer certain features on the Responsive Classroom website, to assist us in improving the way the Responsive Classroom website works and looks, and to create new features. We will not share your email address with any person or group, but we do occasionally share customer names and mailing addresses with similar educational organizations. If you do not want NEFC to share your name and mailing address, please contact us at info@responsiveclassroom.org.

Security

NEFC has measures in place to protect against the loss, misuse and alteration of Users’ personally identifiable information that is under our control. For example, only select NEFC staff and contracted individuals have access to personally identifiable information provided by Users to non-public areas of our site. We use industry-standard encryption technologies when transferring and receiving sensitive personal data from our site. Please note, however, that security breaches can occur even if reasonable steps are taken to prevent such breaches; for example, we cannot guarantee that information provided through our sites will not be illegally accessed on our servers or intercepted while being transmitted to us over the Internet. Please contact us if you believe there has been any breach of the security of our sites.

Links to other sites

This site contains links to other sites. Please remember that when you use a link to go from the Responsive Classroom website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on the Responsive Classroom website, is subject to that website's own rules and policies. Please read over their rules and policies before proceeding.

Children's Privacy

Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly collect personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent.  Any person who provides their personal information to us through the Responsive Classroom website represents that they are 13 years of age or older.

Disclaimer of Warranties

The Website is provided “as is.” NEFC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NEFC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will NEFC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to NEFC under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. NEFC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Jurisdictional Issues

Responsiveclassroom.org is controlled and operated by NEFC from its principal office in Turners Falls, Massachusetts, U.S.A., and is not intended to subject NEFC to the laws or jurisdiction of any other state, country or territory. Those who choose to access responsiveclassroom.org do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.

Users accessing this site from outside of the United States, including the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that your personal data is being transferred to the United States, and by providing your personal data you consent to the transfer of your personal data to the United States and to its use for the purposes identified in accordance with our Privacy Policy.

Indemnification

You agree to indemnify and hold harmless NEFC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between NEFC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NEFC, or by the posting by NEFC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state courts of Massachusetts and federal courts located in Hampden County, Massachusetts.

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