Terms of Service
Last Updated: 10/6/20
Welcome to the Instruction Partners website. Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using instructionpartners.org, schoolresourcehub.org and other websites (collectively “Sites”) that we own which link to this agreement. The Terms of Service is a legally binding agreement between you and Instruction Partners (“Instruction Partners,” “we,” “us”) that governs your use of the Sites. By accessing and using the Sites, you and any entity you are authorized to represent (“You” or “Your”) agree to be bound by these Terms. These Sites are intended for use by users who are 18 years of age or older and reside in the United States. If you do not agree to all the terms of this agreement or are not of legal age to form a binding contract, you should stop using the website immediately.
We may modify these Terms, the Sites or the content offered on the Sites at any time without notice. Any changes we make to the Terms are effective immediately upon posting. Your use of the Sites following the posting of revised Terms means you agree to the changes.
We are a 501(c)(3) nonprofit that works shoulder to shoulder with educators to support great teaching and accelerate student learning. We focus on small systems, both districts and charters, and we work to ensure equitable access to great instruction for students in poverty, students of color, students learning English, and students with disabilities (our “Mission”). The Website is designed, and all uses of the Website are intended, to further our Mission.
Relation to Partnership Service Contract
If you are part of an organization that has entered into a Partnership Service Contract with Instruction Partners, you remain bound by the terms of the Partnership Service Contract. If the terms of the Partnership Service Contract conflict with any term in this agreement, the terms of the Partnership Service Contract shall supersede these Terms of Service.
Use of Service
Instruction Partners grants you a terminable, non-exclusive, non-transferable license to use the Instruction Partners Sites solely for your personal, noncommercial, noncompetitive, nonpolitical use in accordance with the following terms and conditions. You represent and agree that while using the Sites you will comply with all local, county, district, state, federal, and other applicable laws. You further represent that you will not use the Sites to conduct or facilitate any illegal activity.
You acknowledge that the content on the Sites is owned by Instruction Partners and protected by copyrights, trademarks, service marks, patents, trade secrets, data rights, publicity or privacy rights, or other intellectual property rights and laws. You acknowledge that any information provided by or through Instruction Partners is for informational purposes only. You agree to advise Instruction Partners promptly of any concerning or unauthorized use(s) of information from the Sites of which you are aware.
This Sites and its contents (“Content”) are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part, unlessly the materials expressly authorize that purpose. All trademarks, service marks and other intellectual property rights associated with the Sites and the Content are the sole property of Instruction Partners or its affiliates. The Content is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Content are also protected by such copyright laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Sites. Instruction Partners does not convey, through allowing access to the Sites, any ownership rights in the Sites or in any Content.
If you believe that a Web page hosted by Instruction Partners is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Instruction Partner’s designated agent in the manner described below.
604 Gallatin Avenue
Nashville, TN 37206
By Email: firstname.lastname@example.org
The parties acknowledge that, as between You and Instruction Partners, You will own all right, title and interest in Your Submissions to the Sites. For the purposes of these Terms, the term “Submission” shall include any and all comments, posts, content, media, materials or information submitted by You, and all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered. By posting Submissions to the Sites, you warrant and represent that you own the rights to the Submissions or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute Submissions.
You hereby grant Instruction Partners a worldwide, non-exclusive, transferable, assignable, royalty-free, non-terminable, perpetual license in any media or technology now known or hereafter developed to use reproduce, distribute, display, and to create derivative works based upon or incorporating, any Submission. You agree to forever waive and relinquish all moral rights now or hereafter recognized in connection with Your Submissions and the rights granted to Instruction Partners hereunder.
All Users of the Sites shall not: a)use any information in a way that is contrary to Instruction Partners’ public image, brand, or reputation or not in furtherance of our Mission; (b) transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (c) harm minors in any way; (d) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (f) transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (g) transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (h) transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) obtain or accumulate personal information about individual users or collect or store personal data about other users; (j) modify, delete or damage any information contained on the personal computer of any user; (k) “Stalk” or otherwise harass a computer user; (l) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time; (m) use any information provided on the site to relate to political candidate campaigns or advertising or fundraise for assistance, support or oppose candidates for public office; or (n) undertake any acts not expressly permitted under the Terms.
Third Party Sites
Instruction Partners may occasionally link to or incorporate services from third party websites for your convenience. Instruction Partners does not control linked websites and expressly disclaims any liability arising from the use of third party websites, products, and services. Your use of linked websites is entirely at your own risk. All trademarks, service marks, and/or trade names that appear on the Sites that are not Instruction Partners marks are the trademarks of their owners. References to any names, marks, products, or services of third parties do not constitute or imply endorsement, sponsorship, or recommendation of the third party or its products or services.
Instruction Partners may discontinue or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms.
Disclaimers of Warranties
Instruction Partners Sites are provided “As Is” and “As Available” with all faults, and to the maximum extent permitted by applicable law, Instruction Partners hereby disclaims all representations and warranties, either express, implied or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Instruction Partners, does not make any warranty or representation with respect to the completeness, security, reliability, quality accuracy or availability of the Sites. Without limiting the foregoing, Instruction Partners does not represent or warrant that the Sites, their content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the serve that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet you needs or expectations. Use of the Sites and its content at your own risk.
The limitations and exclusions in this section do not affect any warranties which cannot be excluded or limited under applicable law. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms are fair and reasonable.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Instruction Partners, its affiliates, licensors or suppliers be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the site, content, results obtained, information or services whether based on warranty, contract, tort, or any other legal theory, and whether or not Instruction Partners has been advised of the possibility of such damages. To the fullest extent permitted by law, the remedies stated for you in these terms are exclusive and are limited to those expressly provided for in these terms. In no event and under no circumstances shall Instruction Partners liability exceed the amount you actually paid to Instruction Partners for access to the Sites.
The limitations in this section do not affect any liability which cannot be excluded or limited under applicable law.
You agree to fully indemnify, hold harmless and defend Instruction Partners, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including reasonable attorney’s fees and other expenses) incurred by Instruction Partners, due to your breach of the terms or arising out of your actions, your violation of the terms, or your violation of any rights of another.
Each paragraph and provision of this Agreement is severable from the entire Agreement, and, if one provision is declared invalid, the remaining provisions shall remain in effect.
Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered in any court which would have had jurisdiction but for this provision.
Governing Law & Jurisdiction
All matters relating to the Sites and this Agreement shall be governed by and construed in accordance with the internal laws of the State of Tennessee, without regard for its conflict of laws provisions.
Any legal action or proceeding arising out of, or related to, this Agreement or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Instruction Partners reserves the right to change or modify any provision of these Terms at any time in its sole and exclusive discretion.