Complete Terms and Conditions
Terms and Conditions for Using the Promising Practices Network Web Site
- This World Wide Web site (WWW) with its home page in the domain "promisingpractices.net" (the "Web Site") is a complimentary information service offered by the Promising Practices Network ("Network") or one of its partners or affiliates (collectively referred to herein as "Affiliates") at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. The Network and its Affiliates reserve the right to change these terms and conditions at any time, and you must consult the most recent version of this User Agreement (not an older cached one) each time you view the Web Site. Do not use the Web Site if you do not agree to all of the following terms and conditions.
- You acknowledge that the information on the Web Site is provided "as is" for general information only. The Network and its Affiliates make no warranties of any kind regarding this Web Site or the information in it, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
- You agree that you will hold harmless the Network and its Affiliates and their officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Web Site or the information contained in this Web Site or other Web Sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Web Site or another Web Site to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will the Network or its Affiliates or the contributors of information to this Web Site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
- You acknowledge that opinions and recommendations contained in this Web Site are not necessarily those of the Network or its Affiliates or endorsed by the Network or its Affiliates.
- The Network or its Affiliates may provide links on the Web Site to other Web Sites that are not under the control of the Network or its Affiliates. In general, any Web Site having an address (or URL) that does not contain "promisingpractices.net" is such a Web Site. These links are provided for convenience of reference only and are not intended as an endorsement by the Network or its Affiliates of the organization or individual operating the Web Site or a warranty of any type regarding the Web Site or the information on the Web Site.
- You may provide a hypertext link to this Web Site on another Web Site, provided that: (a) the link must include a text-only link clearly marked "Promising Practices Network" (or the name of the appropriate Network Affiliate indicated as the operator of the site), (b) the link may include the Promising Practices Network logo with written consent, (c) the link must "point" to the URL http://www.promisingpractices.net and not to other pages within the Web Site unless by written consent, (d) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of the Network or its Affiliates, (e) the appearance, position and other aspects of the link may not create the false appearance that an entity other than the Network or its Affiliates is associated with or sponsored by the Network or its Affiliates, (f) the link, when activated by a user, must display this Web Site full-screen and not within a "frame" on the linked Web Site unless by written consent, and (g) the Network and its Affiliates each reserve the right to revoke consent to the link at any time in its sole discretion by amending this User Agreement. You agree that the Network must approve all other hypertext links to this Web Site in writing. The Network or its Affiliates reserve the right not to include a reciprocal link to the linking site.
- The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned or licensed by the Network or its Affiliates, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the Network's prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Web Site, and the user may make one permanent printout of each page of the Web Site (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of the Network. Elements of the Web Site are also protected by trade dress and other laws and may not be imitated in whole or in part on other Web Sites.
- This Web Site (excluding linked sites) is controlled by the Network, which is headquartered in the State of California, United States of America. The Web Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Web Site both you and the Network agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Web Site, except where preempted by the federal laws of the United States of America (such as its copyright laws), in which case such U. S. federal law will apply. You and the Network also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County, California, and the United States District Court for the Central District of California with respect to such matters. The Network makes no representation that materials on this Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.
- Some portions of the Web Site (including but not limited to certain discussion forums) are made available for the free exchange of ideas by participants and are not monitored nor moderated by the Network. While reserving the right to delete messages and other materials that it deems in its sole discretion to be indecent, obscene, defamatory, infringing upon the intellectual property rights of others, or otherwise objectionable, the Network assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold the Network harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms and discussion groups, you agree that nothing you provide will be obscene, offensive, defamatory, infringing upon the intellectual property rights of others, or otherwise unlawful, and that you will indemnify the Network from any claims made by third parties regarding the material that you provide.
- If you post works of authorship on the Web Site or provide to the Network any work of authorship with any indication of consent to use it on the Web Site, you will be deemed to have granted the Network a perpetual, non-revocable, worldwide, non-exclusive license to include the work on the Web Site (and to reproduce, publish, distribute, perform, display, and transmit the work and to prepare derivative works as reasonably necessary to do so) and you waive all rights of attribution and integrity with respect to the work.
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