Terms of Use

Effective January 31, 2007
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, THEN YOU ARE NOT LICENSED TO USE THIS WEB SITE AND MUST IMMEDIATELY CEASE ALL USE OF IT.

Acceptance of Terms

The New Leaders for New Schools Community of Practice Web Site(the “Community Web Site”) is operated by New Leaders for New Schools, Inc. (“New Leaders”, “we”, “us”, “our”). The goal of the Community Web Site is to provide an educational and supportive online community for New Leaders’ members (“members”, “you”, “yours”) and to provide a platform for our members to engage in collective problem-solving and to share best practices and effective educational materials with each other. You are required to agree to this Terms of Use and Membership Agreement (this “Agreement”) in order to use the Community Web Site. By using the Community Web Site, you hereby agree to the terms of this Agreement. This Agreement covers all aspects of the Community Web Site, including without limitation, the Web pages, forums, bulletin boards, blogs, journals, email communications and other communications methods that we may add from time to time. New Leaders may, in its sole discretion, modify or revise this Agreement at any time by updating this Web page, with or without advance notice to you, except that you will be notified of changes to our Privacy Policy as further described in the Privacy Policy. You are bound by any such modification or revision and, therefore, should visit this page periodically to review any changes. If any modification or revision is unacceptable to you, you agree to stop using the Community Web Site and to notify us that your member profile should be deleted. By your continued use of the Community Web Site, you hereby accept all modifications or revisions to this Agreement that we have posted at the time of your use.

Your Member Name and Password

During the registration process, we provided you with a user name and password for your account. You are responsible for all activities that occur under your user name and password, whether or not authorized by you, and for taking all reasonable steps to ensure that no unauthorized person shall have access to your password for or account with the Community Web Site.
By using the Community Web Site you hereby agree that you will not (i) establish more than one member name (even if multiple member names are created using different email addresses or for different purposes); (ii) fail to update your membership profile if it changes; or (iii) select a user name or photo of yourself that is intended to mislead others about your identity or that infringes or otherwise violates a third party’s intellectual property, publicity, privacy or other rights.

Privacy

By using the Community Web Site, you expressly consent to New Leaders’ disclosure and use of your personally identifiable information and information about your school as described in our Privacy Policy, which is incorporated herein by reference.

Usage Rules

You agree that when using the Community Web Site, you will act in a manner consistent with the goals of the Community Web Site, and by way of example, and not as a limitation, you specifically agree that:

You will not, intentionally or unintentionally violate any applicable local, state, national or international regulation or law;
You will not post information on the Community Web Site unless you have all necessary rights;
You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Community Web Site, including but not limited to, text, graphics, audio, and video files;
You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy or publicity) of any other member or guest of the Community Web Site (“User”) or representative of New Leaders. You may express your disagreement with someone’s point of view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited;
You will not impersonate another person or entity, including but not limited to, a New Leaders representative, or communicate under a false name or a name that you are not entitled or authorized to use;
You will not send or post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, meaningless text, spam, offensive declarations or exhortations, or other similarly disruptive content;
You will not send email to another User of the Community Web Site if such User asks you not to do so;
You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of materials posted on the Community Web Site;
You will not be engaged in offering or solicitation of unauthorized copyrighted material through the Community Web Site;
You will not be involved in any advertising to, or solicitation of, any User to buy or sell any products or services through the Community Web Site;
You will not display an advertisement on your member profile, or accept payment or anything of value from a third person in exchange for performing any commercial activity on or through the Community Web Site on behalf of that person, such as placing commercial content on your member profile, posting blogs or bulletins with a commercial purpose, or sending messages to other members with a commercial purpose;
You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, New Leaders’ servers, New Leaders’ services, New Leaders’ software, or any areas of the Community Web Site not intended for your access; and
You will not harvest, mine or otherwise collect or store personal information about others, including without limitation, email addresses and the content of members profiles.

Violation of any of the above may result in a warning, immediate termination of your account (with or without notice) and access to the Community Web Site, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of New Leaders. New Leaders has no liability or responsibility to Users or any other person or entity for performance or nonperformance of the aforementioned activities. If you believe your account or access to the Community Web Site has been terminated in error, please contact us.

Community Web Site Content

The contents of the Community Web Site, including without limitation, text, graphics, images, information, software, sound, video and other material (collectively, the “Content”) are for educational and informational purposes only and you agree that, except as otherwise expressly provided in this Agreement, you may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any other purposes whatsoever the Content for commercial purposes or without the prior written consent of the respective owners. The Content is protected by copyright and other United States and foreign intellectual property and related laws. The Content includes without limitation material owned or controlled by New Leaders, material owned or controlled by third parties and licensed to New Leaders, and the User Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any purpose whatsoever; provided, however, that you may use the User Content available on the Community Web Site as expressly permitted by New Leaders. Except for User Content you post to the Community Web Site, which is subject to Section 6 below, title to all Content remains with New Leaders or the third party owners of such Content. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved by New Leaders.

User Content

New Leaders allows you to post or otherwise submit a variety of information, text, images and other content to the Community Web Site, such as ratings and reviews of educational materials, or original work, photography, writing and other forms of creative expression (collectively, “User Content”). You agree to exercise caution in posting any User Content that contains information about yourself or your school. You acknowledge that User Content may be viewed by other Users for purposes you may not have intended. See our Privacy Policy for additional details.
New Leaders reserves the right to remove any User Content from the Community Web Site, at any time in its sole discretion, if New Leaders reasonably believes that the User Content infringes rights of any third party or is in violation of any term of this Agreement. You retain all right, title and interest in and to your User Content, subject to the non-exclusive rights and licenses granted in this Section herein

You shall be solely responsible for your own User Content and the consequences of posting or publishing your User Content on the Community Web Site. By submitting User Content to the Community Web Site, you: (a) affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize New Leaders to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Community Web Site and this Agreement; (b) affirm, represent, and warrant that you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Community Web Site and this Agreement; and (c) hereby grant New Leaders a worldwide, perpetual, non-exclusive, royalty‑free, transferable and sublicensable license to use, copy, modify, edit, translate, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Community Web Site, including without limitation for promoting and redistributing part or all of the Community Web Site (and derivative works thereof) in any media formats and through any media channels without compensation to you or anyone else. You also hereby grant each User of the Community Web Site a perpetual, non-exclusive, royalty-free license to access your User Content through the Community Web Site, and to use, copy, modify, edit, translate, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Community Web Site to further the goals of the Community Web Site, as described in Section 1 above, under the terms of this Agreement and without compensation to you or anyone else.

By submitting User Content to the Community Web Site, you represent and warrant that such submission is non-confidential for all purposes. If you wish to keep any business information, ideas, concepts, inventions or other information private or proprietary, do not post them to the Community Web Site. Please do not post any link to any third-party Web site unless you have permission from the owner of such Web site do so.

Copyright Infringement.

New Leaders does not permit copyright infringing activities and other infringement of intellectual property rights on its Community Web Site, and New Leaders will remove any Content in the Community Web Site if properly notified that such Content infringes the intellectual property rights of a third party. If you are a copyright owner or an agent thereof and believe that any Content in the Community Web Site infringes or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit New Leaders to locate the material;
Information reasonably sufficient to permit New Leaders to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have 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
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact New Leaders’ designated Copyright Agent to send notifications of claimed infringement as described above. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to New Leaders through the Contact Us area of the Community Web Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

New Leaders’ designated Copyright Agent to receive notifications of claimed infringement is:
Darcy Tucker, 30 West 26th Street, 2nd Floor, New York, NY 10010
email: dtucker@nlns.org telephone: 646-792-7873, fax: 646-792-1071.

Trademarks

“New Leaders for New Schools” and New Leaders’ logos and other indicia of origin (including product and service names) are trademarks of New Leaders (the “ New Leaders Marks”). You agree not to display, reproduce or otherwise use in any manner the New Leaders Marks without New Leaders’ prior written permission.

Third Party Links and Other Resources

New Leaders or any Users of the Community Web Site may provide links to third-party Web sites or references to other resources on the Community Web Site. New Leaders has no control over or responsibility for such Web sites and other resources. You agree that New Leaders is not responsible for the availability of such external Web sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from, or the privacy policies or other policies of, such Web sites or other resources. New Leaders provides these links and references to you only as a convenience, and inclusion of any link or reference does not imply endorsement of these sites or other resources.

Rated Resources

The ratings and reviews of materials, resources, products and services through the Community Web Site reflect only the personal opinions of the individual members who submit ratings. New Leaders does not endorse any product or service except where specifically noted. You agree that New Leaders is not liable for any damages incurred as a result of the rating system.

Disclaimer Of Warranties

THE COMMUNITY WEB SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” BASIS. YOU AGREE THAT YOUR USE OF THE COMMUNITY WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEW LEADERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE IN CONNECTION WITH THE COMMUNITY WEB SITE AND YOUR USE THEREOF. NEW LEADERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY OR COMPLETENESS OF THE COMMUNITY WEB SITE’S CONTENT, THE CONTENT OF ANY SITES LINKED TO THE COMMUNITY WEB SITE, OR OTHER MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE COMMUNITY WEBSITE SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE COMMUNITY WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF NEW LEADERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE COMMUNITY SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE COMMUNITY WEB SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMMUNITY SITE. ADDITIONALLY, THERE IS NO WARRANTY THAT THE COMMUNITY WEB SITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR RELIABLE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEW LEADERS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA), EVEN IF NEW LEADERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) THE USE OF OR INABILITY TO USE THE COMMUNITY WEBSITE SITE, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY MEMBER OR GUEST PROFILE BY ANYONE OTHER THAN NEW LEADERS, (III) ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE COMMUNITY WEB SITE, (IV) ANY VIOLATION OF MEMBERS’ OR GUESTS’ OR THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS BY ANY USER OF THE COMMUNITY WEB SITE, OR (V) ANY OTHER MATTER ARISING OUT OF OR IN CONNECTION WITH THE COMMUNITY WEB SITE, ITS CONTENT, ITS SERVICES OR THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OR ANY DETERMINATION THAT THE FOREGOING DISCLAIMER IS UNENFORCEABLE IN WHOLE OR IN PART, NEW LEADERS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100) OR THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW.

Indemnity

BY USING THE COMMUNITY WEB SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NEW LEADERS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES, THAT MAY ARISE FROM YOUR USE OF THE COMMUNITY WEB SITE, ANY CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE COMMUNITY WEB SITE, YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. NEW LEADERS WILL PROVIDE NOTICE TO YOU OF ANY SUCH ACTION OR CLAIM AND RESERVES THE RIGHT TO PARTICIPATE, AT ITS OWN EXPENSE, IN THE INVESTIGATION, SETTLEMENT, AND DEFENSE OF ANY SUCH CLAIM. THESE DEFENSE AND INDEMNIFICATION OBLIGATIONS WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Termination.

New Leaders shall have the right to immediately terminate this Agreement and/or cease operations at any time, without liability to you, and with or without notice to you. In addition New Leaders shall have the right to immediately terminate this Agreement with respect to any use which New Leaders, in its sole discretion, considers to be unacceptable, or in the event you breach this Agreement, in each case, without liability to you, and with or without notice to you. Upon termination of this Agreement for any reason, all rights granted under this Agreement will immediately cease to exist, and you must promptly discontinue all use of the Content and the Community Web Site and destroy all copies of the Content downloaded by you. In addition, in the event that New Leaders determines, in its sole discretion, that you have breached any terms of this Agreement, New Leaders reserves the right to terminate your access to the Community Web Site and take any other action which New Leaders, in its sole discretion, deems to be appropriate.

Contact Us

If you have any questions about the Community Web Site or our policies, please contact our Online Community manager at CommunityAdmin@nlns.org. We try to answer every email in a timely manner, but are not always able to do so.

General

This Agreement and the New Leaders Privacy Policy constitute the entire agreement between you and New Leaders with respect to the matters referenced herein, including without limitation, use of the Community Web Site, its Content, and privacy policy. The Community Web Site is intended for the personal use of United States’ residents only, within the United States. The Community Web Site, its Content, this Agreement and the Privacy Policy are designed to comply with the laws and regulations of the United States only. This Agreement and the relationship between you and New Leaders shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and New Leaders agree to submit to the personal and exclusive jurisdiction of the courts located within the New York County, State of New York, including without limitation, any claim involving New Leaders, its affiliates, and their respective directors, officers, employees, agents or contractors and other Users of the Community Web Site. The failure of New Leaders to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. You may not assign the Agreement or any of your rights or obligations under the Agreement without New Leaders’ express prior written consent. The Agreement inures to the benefit of New Leaders’ successors and assigns. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Acceptance of Terms (Section 1), Community Web Site Content (Section 5), User Content (Section 6, except for the first paragraph), Trademarks (Section 8), Third Party Links and Other Resources (Section 9), Disclaimer of Warranties (Section 11), Limitation of Liability (Section 12), Indemnity (Section 13), Termination (Section 14) and General (Section 16).