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PARTNERSHIP FOR LEARNING
WEB SITE TERMS OF USE

Date of Last Revision:  May 2010


PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms of use (“Site Terms”) apply to your access to, and use of, the Web site of Partnership for Learning, a Washington nonprofit corporation, ("Partnership," "we," "our," or "us"), located at http://www.partnership4learning.org (the "Site").  These Site Terms do not alter in any way the terms and conditions of any other agreement you may have with Partnership, or its subsidiaries or affiliates, for products, services or otherwise.  If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Partnership for violations of these Site Terms by you or others on behalf of such entity.

Partnership reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion.  Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications.  Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.  Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.  If you do not agree to the amended terms, you must stop using the Site.

1.     Privacy Policy
Please refer to our Privacy Policy for information on how Partnership collects, uses and discloses personally identifiable information from its users.

2.     Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Partnership logo, and all designs, text, graphics, user interfaces, visual interfaces, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Partnership or its licensors or users and are protected by U.S. and international copyright laws and various other intellectual property rights and unfair competition laws.

You are granted a limited, non-sublicensable license to access and use the Site and print to hard copy portions of the Site Materials, provided that you (a) do not remove any proprietary notice language in any copies of such documents; (b) use the Site and the Site Materials solely for your own personal, non-commercial and informational purposes ; (c) make no modifications to any Site Materials; (d) do not use any data mining, robots or similar data gathering or extraction methods; (e) do not distribute, reproduce, post, publish, broadcast, publicly perform or publicly display any of the Site or the Site Materials, and do not download (other than page caching) any portion of the Site or the Site Materials, except as expressly provided on the Site; and (f) do not use the Site or the Site Materials other than for its intended purpose.  Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Partnership, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable at any time.

3.     Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Partnership has adopted a policy of terminating, in appropriate circumstances and at Partnership's sole discretion, subscribers or account holders who are deemed to be repeat infringers.  Partnership may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.



4.     Copyright Complaints

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement:  Maureen Trantham
Full Address of Designated Agent to Which Notification Should be Sent: 520 Pike St., Suite 1212, Seattle, WA 98101
Telephone Number of Designated Agent: (206) 625-9655
Facsimile Number of Designated Agent: (206) 447-0502
E-Mail Address of Designated Agent: DMCA@partnership4learning.org

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.

5.     Trademarks
PARTNERSHIP FOR LEARNING, PARTNERSHIP 4 LEARNING, COLLEGE & WORK READY AGENDA, WASHINGTON STEM INITIATIVE, WASHINGTON STEM CENTER the Partnership logos and any other product or service name or slogan contained in the Site are trademarks of Partnership and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Partnership or the applicable trademark holder.  You may not use any metatags or any other "hidden text" utilizing "Partnership for Learning," or any other name, trademark or product or service name of Partnership without our prior written permission.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Partnership and may not be copied, imitated or used, in whole or in part, without our prior written consent.  All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

6.     Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Partnership or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time.  You may not use a Partnership logo or other proprietary graphic of Partnership to link to this Site without the express written permission of Partnership.  Further, you may not frame or utilize framing techniques to enclose any Partnership trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Partnership's express written consent.  Except as set forth above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Partnership or any third party.  Partnership makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites linking to the Site.

7.     Third Party Content
Partnership may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content").  Partnership does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.  Partnership makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party Web sites accessible from the Site, or Web sites linking to the Site.  Partnership does not represent or warrant the accuracy of any information contained in any third party Web site and undertakes no responsibility to update or review any Third Party Content.  If you decide to use such Third Party Content or access a third party web site through the Site, you do so at your own risk.

8.     Third-Party Products, Services and Promotions
Partnership provide information about or links to third-party products, services, or promotions on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  Partnership is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such third party information on the Site.

9.     Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Partnership or Partnership's products or services that are provided by you in the form of email or other submissions to Partnership, or any postings on the Site are non-confidential and shall become the sole property of Partnership.  Partnership shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

10.  User Content and Interactive Services or Areas
The Site may include discussion forums, chat rooms, message boards,  or other interactive areas, features or services (the "Interactive Areas")in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site ("User Content").  You are solely responsible for your use of the Interactive Areas and use them and the User Content at your own risk.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

(a)        User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(b)        User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

(c)        User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

(d)        User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(e)        unsolicited promotions, political campaigning, advertising or solicitations;

(f)         private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

(g)        viruses, corrupted data or other harmful, disruptive or destructive files; and

(h)        any User Content that, in the sole judgment of Partnership, would otherwise restrict or inhibit any other person from using or enjoying the Interactive Areas or the Site, or which may expose Partnership or its users to any harm or liability of any type.

Partnership takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Partnership liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  Your use of the Interactive Areas is at your own risk.  As a provider of interactive services, Partnership is not liable for any statements, representations or User Content provided by its users.  Enforcement of the user content or conduct rules set forth in these Site Terms is solely at Partnership's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances.  In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.  Although Partnership has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Partnership reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.  Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

If you post User Content to the Site, unless we indicate otherwise, you grant Partnership and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site.  You grant Partnership and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that (x) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site, (y) the User Content is accurate and not misleading, and (z) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity

11.  Indemnification
You agree to defend, indemnify and hold harmless Partnership, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any actual or threatened suit, demand, claim, or action and any damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of the Interactive Areas, your conduct with respect to the Site, your violation of these Site Terms or your violation of the rights of any third party.

12.  Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PARTNERSHIP, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  PARTNERSHIP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE SERVICES, THE INFORMATION, CONTENT AND ALL OTHER MATERIALS IN THE SITE.  PARTNERSHIP DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE, THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  PARTNERSHIP DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Partnership reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Partnership.

 13.  Limitation of Liability
IN NO EVENT SHALL PARTNERSHIP, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY CONTENT) OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM PARTNERSHIP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PARTNERSHIP'S RECORDS, PROGRAMS OR SERVICES.  WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PARTNERSHIP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PARTNERSHIP FOR ACCESS TO OR USE OF THE SITE.

14.  Applicable Law; Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington without resort to its conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

15.  Termination
Notwithstanding any of these Site Terms, Partnership reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.

16.  Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then such provision: (a)  will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; and (b)  will be deemed severable from these Site Terms to the extent it is held to be invalid or unenforceable and shall not affect the validity and enforceability of any remaining provisions.

17.  Questions & Contact Information
Questions or comments about the Site may be directed to Partnership at the email address info@partnership4learning.org or by calling us at (206) 625-9655.

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PARTNERSHIP FOR LEARNING
PRIVACY POLICY

Last Revised: May 2010

This privacy policy ("Policy") explains how personal information is collected, used, and disclosed by Partnership for Learning, a Washington nonprofit corporation, (“Partnership”, “we,” "our" or “us”) with respect to your use of the Web site located at http://www.partnership4learning.org (the “Site”) so you can make an informed decision about using the Site.  We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the Policy the date it was last updated.  We encourage you to review this Policy from time to time to make sure that you understand how any personal information you provide will be used.


WHAT IS PERSONAL INFORMATION?
As used herein, the term "personal information" means information that specifically identifies an individual or information about that individual when directly linked to personally identifiable information.  Personal information does not include "aggregate" information, which is data we collect about the use of the Site or about a group or category of products, services or users, from which individual identities or other personal information has been removed.


WHAT PERSONAL INFORMATION DO WE COLLECT?
We may collect certain information you voluntarily provide to us which may contain your personal information, such as your name, address, email address, and telephone number.  Personal information may also be collected if you provide such information in connection with posting content, sending an email or message to another user or participating in any interactive forums or features on the Site. 


When you use the Site, some information may also be automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on the Site. We treat this information as personal information if we combine it with or link it to any of the personal information mentioned above. Otherwise, it is used in the aggregate only.
We may automatically collect certain information through the use of "cookies" or web beacons.  Cookies are small data files that are stored on a user's hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history.  If we link cookies to any of your personally identifying information, we will treat this information as personal information.  Web beacons are small, invisible graphic images that may be used on the Site or in emails relating to the Site to collect certain information and monitor user activity on the Site.

 

If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions.  However, if a browser is set not to accept cookies or if a user rejects a cookie, some portions of the Site may not function properly. 

 

HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT?
We use personal information we collect from you through the Site as described in this policy or disclosed to you on our Site including:


•    to process your requests or other transactions and to contact you about your use of the Site;
•    to operate and improve our Site and services and facilitate your use of the Site;
•    to provide you with the information, products or services you request;
•    to inform you about other information, events, promotions, products or services we think will be of interest to you
•    to respond to your emails, submissions, comments and questions and provide customer service;
•    to provide and deliver services and to send you related information, including technical notices, updates, security alerts, and support and administrative messages;
•    to request feedback and to enable us to develop, customize and improve the Site and our services;
•    to analyze data and trends and to personalize and improve Site content and features and your experience on the site, such as providing content or features to match your profile and interests;
•    to link or combine with other personal information we get from third parties, to help understand your needs and provide you with better service; and
•    for the purpose for which the information was collected.

We may store and process personal information in the United States and other countries.


WHAT PERSONAL INFORMATION DO WE SHARE WITH THIRD PARTIES?

We will not share the personal information we collect from you through this Site with third parties except as described in this Policy, as it may be revised from time to time.  We may share personal information with vendors, consultants and other service providers (“Service Providers”) who are engaged by or working with us in connection with the operation of the Site or the services we provide and who need access to such information to carry out their work for us.  In some cases, the Service Provider may be directly collecting the information from you on our behalf.  We may also share your personal information with other third parties when you give us your consent to do so.  We are not responsible for the actions of Service Providers or other third parties, nor are we responsible for any additional information you provide directly to these Service Providers or other third parties, and we encourage you to become familiar with their practices before disclosing information directly to them.  Nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent.

 

We may disclose personal information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Partnership, our users, our employees or the public, including without limitation to protect Partnership or our users from fraudulent, abusive, inappropriate or unlawful use of our Site.  Information about our users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of Partnership. 


You understand that when you use the Site, information you post in public or private groups, forums and other interactive areas of the Site, as well as any information you share with individuals through the Site, will be available to other users and in some cases may be publicly available.  We recommend you be cautious about giving out personal information to others or sharing personal information in public or private online forums.  We are not responsible for the actions of any third parties with whom you share personal information.

 

WHAT STEPS DO WE TAKE TO PROTECT YOUR INFORMATION ONLINE?
We have endeavored to put into place and maintain reasonable security measures in an effort to protect the security of your personal information while it is under our control. 


WHAT CHOICES DO YOU HAVE REGARDING THE USE OF YOUR INFORMATION?
You may opt out of receiving marketing or promotional emails from us by following the instructions in those emails or by emailing us at info@partnership4learning.org. This will not affect our ability to send you service and account related emails or to use your personal information as otherwise described in this Policy.


How Can You Correct And Update Your Personal Information Or Obtain Additional Information

If you have any questions or comments about this Policy or our practices relating to the Site, or you wish to verify, correct or delete any personal information we have collected, please contact us at info@partnership4learning.org and we will endeavor to respond to your inquiry or to correct, update or remove the personal information you have provided us as you indicate.  You may also contact us by mail at the following address: 520 Pike Street, Suite 1212, Seattle, WA 98101. However, please note that in some cases, we may believe it is necessary or appropriate to retain certain personal information we have collected, and the deletion of such personal information will be in our sole discretion unless otherwise required by law. 

 

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Dateline: May 27, 2010, 5:14 pm