PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
Welcome to www.yourtake.org (the “Website”) operated by YourTake.org, an affiliate of The Tregoe Education Forum, a 501(c)(3) non-profit corporation, located at P.O. Box 289, Princeton, NJ 08542 (collectively, “we”, “our”, or “us”). This Terms of Use Agreement (this “Agreement”) sets forth the legal terms and conditions that govern your access and use of our Website. You are obligated to abide by and uphold these terms, so please read them carefully.
This Agreement has three parts:
- 1—General Terms for those visiting or browsing our Website
- 2—Registered Terms for those registering to use some of the services on our Website
- 3—Subscriber Terms for those subscribing to use all of the services on our Website
YOU MUST DETERMINE HOW YOU WILL BE USING THIS WEBSITE AND READ AND UNDERSTAND THOSE TERMS APPLICABLE TO YOU. IF YOU VIEW, REGISTER WITH OR SUBSCRIBE TO THIS WEBSITE, YOU WILL BE DEEMED TO HAVE AGREED TO, AND BE BOUND BY, ALL OF SUCH APPLICABLE TERMS SET FORTH BELOW.
GENERAL TERMS-applicable to all who merely visit our Website to browse, read or download information:
Updates to this Agreement
We may from time to time change this Agreement. Such amendments will become effective when we post them on the Website, or when we otherwise provide notice to you of any amendments. You agree to be responsible for periodically checking this Agreement for updates and you understand that any revised terms supersede any previous terms of this Agreement. You agree that you shall be bound by the terms of this Agreement posted at the time of your Website access.Ownership, Copyrights and Trademarks; Permitted Uses.
You acknowledge and agree that we own all of the content, information, materials, tools, organization and layout and any other intellectual property contained in the Website, including the SCAN tool (collectively, the “Website Content”). Furthermore, such Website Content is protected by the US Copyright and Trademark laws which prohibit you from copying, scraping, selling, tampering, posting, transmitting or distributing the Website Content in any way, including by email or other electronic means. Without our consent, you may not modify the Website Content, use the Website Content on any other website or networked computer environment or use the Website Content for any other purpose other than personal, non-commercial use. You agree that nothing in this Agreement shall be interpreted to give you any ownership rights in the Website Content.
Forums and Chat Rooms
We may from time to time allow those who use the Website to submit or post certain information, such as blog entries, comments, notes, plans, lesson plans or content provided to the SCAN setup function as well as lesson plans or content within the SCAN tool (collectively, the “Submitted Information”), on or in forums or other public posting areas within our Website (collectively, the “Forums”). The Submitted Information and opinions expressed within or on such Forums are not necessarily ours. We cannot and do not make any representation or warranty regarding the Submitted Information or opinions that appear in the Forums, nor can we endorse or guarantee the accuracy of any Submitted Information. We assume no obligation to monitor the Forums or to delete or edit any Submitted Information. We do, however, reserve the right to delete, move, or edit any postings that we consider illegal, offensive or otherwise inappropriate in our sole discretion and judgment. You agree that you are participating in all Forums at your own risk.
In addition, you agree that you will not submit or otherwise publish through the Forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes or violates any intellectual property or other right of any entity or person; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.
Furthermore, you agree to indemnify us and our officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.
Submissions, Contributions.
You hereby grant to us an irrevocable, perpetual, exclusive license in connection with any Submitted Information provided by you to us anywhere on our Website, including on or in our Forums, so that such Submitted Information (i) may be used by us as if we owned it throughout the universe and (ii) may be used or exploited by us for or in any type of media and for any purpose, whether now known or hereafter devised. You agree that we may use or publish this Submitted Information in any manner we decide, including commercial, promotional or advertising purposes. We will not take any action or use any such Submitted Information in ways that contradict our Privacy Policy.
Links to Other Websites
Our Website contains links to other websites which are operated by unaffiliated third parties. We are not responsible for the content or policies of any linked website and/or the content or policies of any website linked within those websites. The inclusion of a link on our Website does not in any way suggest an endorsement of the content or policies of that website.
No Warranties.
The Website and any of the information, content or services, including the SCAN tool, the Forums and any other service provided by us through our Website (collectively, the “Services”) on the Website are provided solely on an “as is” and “as available” basis. We disclaim all express and implied warranties regarding the SCAN product, the Website Content, and Services on this Website, including implied warranties of merchantability or fitness for a particular purpose, security and non-infringement.
We make no warranty about the content and information posted on the Website, including the accuracy, use or error-free status of that content. We also make no warranty that the Services provided on our Website will be uninterrupted, secure, error-free, and timely or will meet your needs or requirements. We cannot guarantee that software errors will be corrected in a timely fashion, if at all. We also are in no way responsible for the online or offline conduct of users and subscribers.
No oral or written information or advice given by us or our employees or agents shall create a warranty or in any way increase the scope of our obligations hereunder. You agree that you will not rely on any such information or advice.
Limitation of Damages.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE WEBSITE, DATA LOSS, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. IN NO CASE, SHALL OUR LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION (TORT, CONTRACT, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE IN THE PREVIOUS 12 MONTH PERIOD.Release and Indemnity.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST US ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE WEBSITE, INCLUDING ANY OF YOUR SUBMITTED INFORMATION OR MATERIAL ON OR IN FORUMS, (B) YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAW, INCLUDING ALL COPYRIGHT AND TRADEMARK LAWS AND (C) YOUR BREACH OF ANY OF THE AGREEMENTS, REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.Governing Law.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. Any action you, any third party or we may bring to enforce this Agreement (or in connection with any matter related to this Website) shall be brought only in a federal or state court located in Mercer County, New Jersey. You expressly consent to the jurisdiction of said courts and waive any objections based upon forum non conveniens. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except by us in writing.Additional International Jurisdiction Issues.
We make no representation that the Website Content is appropriate or available for use in all locations. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Our Website Content is further subject to United States export controls. No Website Content from us may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing or using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
REGISTERED TERMS-applicable to those who choose to register with us to gain additional access to the Services:
Agree to General Terms.
You have read, understand and agree to satisfy, abide by and uphold all of the terms and conditions contained in the General Terms section.
Minimum Age of Person to Register.
This Website is targeted towards persons who are 13 years of age and older; accordingly, we will not register anyone less than 13 years of age. However, a person less than 13 years of age may utilize the Services on this Website if a registered user or a subscriber (such as a teacher, administrator or parent) invites that person (who is less than 13 years of age) to participate in a SCAN session and/or other Services on our Website.
Grant of License.
For so long as you are registered with our Website, we grant to you a personal, limited, non-exclusive, non-transferable, revocable license to access the Product via the Website in accordance with this Agreement. You may not allow an unauthorized third party to gain access to the SCAN tool, the Website Content or any Log-In Information (as defined below). Without limiting any other provisions in this Agreement, any violation of this provision constitutes a breach of this Agreement, and shall be grounds for immediate termination of your registration or subscription by us.
Log-In Information; Confidentiality of Log-In Information.
You will provide a username and password and may be provided other information for the purpose of accessing the Website Content, including the SCAN tool (the “Log-In Information”). All Log-In Information must be kept confidential, and may be used only by you. The unauthorized use of any Log-In Information, with or without your knowledge, shall be deemed a breach of this Agreement, and may constitute infringement of our rights or misappropriation of our Website Content. You may not input a username with the intent of impersonating another individual or request a username that we determine, in our sole discretion and judgment, to be inappropriate or offensive, provided that nothing herein shall be construed to impose a duty upon us to monitor, approve or vet any such Log-In Information.
You agree to maintain the security and confidentiality of all Log-In Information, and to prevent access to the Website Content by unauthorized persons. You also agree to bear responsibility for any unauthorized access to, or use of, the Website or the Website Content by someone using your Log-In Information and agree that any such unauthorized access or use shall be attributed to you. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your username and/or password or credit card information), you will promptly notify us (in addition to notifying your credit card institution, if applicable) and take actions to repair the security of your Log-In Information, such as changing your password.
Term of Registration; Termination.
We may terminate your registration or subscription at any time if we determine, in our sole discretion, that (i) you have violated or breached this Agreement, (ii) your actions or conduct (or the actions or conduct of any unauthorized or authorized third party) on the Website, its Forums or utilizing the Website Content, including the SCAN tool may violate applicable law or (iii) your actions or conduct (or the actions or conduct of any unauthorized or authorized third party) on the Website, its Forums or utilizing the Website Content, including the SCAN tool may be harmful to our interests or the interests of other users of the Website.
Upon expiration or prior termination of this Agreement, all rights granted to you herein shall terminate and revert to us and all access to and use of the Website, the Website Content, including the SCAN tool must cease.
Your Additional Warranties to Us.
By making use of any portion of our Website to which you have access, you agree, represent and warrant that (i) you will comply with all of the terms and conditions of this Agreement, (ii) you will not modify the Website Content, including the SCAN tool under any circumstance, (iii) you will not input or merge any libelous, unlawful or infringing material or information with the SCAN tool, (iv) you will abide by all laws in connection with your use of the SCAN tool, including proper attribution of us as the owner of the SCAN tool.
SUBSCRIBER TERMS-applicable to those who wish to subscribe to gain access to all of our Services, including a teacher or administrator desiring a class or a school to have access to all of our Services:
Agree to General Terms and Registered User Terms.
You have read, understand and agree to satisfy, abide by and uphold all of the terms and conditions contained in the General Terms and Registered Terms sections.Subscriber Contract.
As a subscriber to all of the Services, you are entirely responsible for all persons, including students, using the Services via your account; and accordingly, you must ensure that such persons abide by the terms of this Agreement. If you are a teacher, your school acknowledges and agrees that it may be held ultimately responsible and liable for any and all actions taken by you or your students on our Website, including the use of the SCAN tool and/or participation in the Forums. If you are a school or school district, you will select a subscription administrator whose responsibility will be administering information about the Website to teacher and student users and to ensure that the terms of this Agreement are being abided by and upheld by such users.
We assume no liability for any activity or circumstance stemming from unauthorized use of passwords, usernames on your account. We may report to law enforcement any fraudulent, abusive or illegal activity on your account. You are solely responsible for providing all the equipment necessary for using the Website, including computer equipment, telephone, internet access service, software and modems.
Billing Issues.
All subscriptions shall be prepaid annually. If you are paying by credit card, we will bill your designated credit card each year, but we will be subject to any restrictions imposed by your credit card company. If payment cannot be charged to your credit card or if it is returned for any reason, we reserve the right to suspend or terminate your subscription at any time. Such termination will terminate our agreement and any our obligations we may have hereunder.
Refund Policy. You may cancel annual subscriptions for any reason within the first month of the initial signup date and we will issue a full refund. After the initial month, no refunds will be available. Cancellation requests should be sent via email to .
Renewal Policy. Subscriptions will NOT automatically renew unless you have specifically selected the automatic billing/renewal option will subscribing for the Services. If a subscription is not renewed, it will automatically terminate at the end of its one year term.
Subscription Fee Changes. We may change the fee for the use of any Services at any time and in any manner upon prior notice to subscribers via post on this Website or via email.
Contact Us:
If you have questions or comments regarding this Terms of Use Agreement, please contact us at or by mail at:
YourTake.org
Tregoe Education Forum
P.O. Box 289
Princeton, NJ 08542
Attn: Legal Department