Last Modified: August 25, 2011 (Effective Date)
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 Effective Practice Incentive Community ("EPIC") Web Site (the "EPIC Web Site") is operated by New Leaders, Inc. ("New Leaders", "we", "us", "our"). The primary goal of the EPIC Web Site is to provide professional development and educational resources based on practices in schools that have achieved gains in student achievement for educators in EPIC grant-partner school districts and charter schools ("EPIC Educators"), current members or alumni of the New Leaders Aspiring Principals Program("Community Members"), and other users granted access by New Leaders ("Authorized Users"). Use of services provided through the nonpublic area of the EPIC Web site is open to EPIC Educators, Community Members, and Authorized Users only. These Terms and Conditions of Use ("Agreement") cover all aspects of the EPIC Web Site. The user of the EPIC Web Site ("you", "yours") is required to agree to this Agreement in order to use the EPIC Web Site. By using the EPIC Web Site, you hereby agree to the terms and conditions of this Agreement. Each use of any page of the EPIC Web Site will be deemed a separate transaction governed by the terms and conditions of use applicable at the time of use. New Leaders may, in its sole discretion, change, update or modify this Agreement at any time by posting such change, update or modification on the EPIC Web Site with or without advance notice to you, or as otherwise required by applicable law. If the terms of this Agreement change in any material respect, we will take reasonable steps to notify you by posting the revised Agreement on the EPIC Web Site or by email or by other means that we may choose and as required by applicable law. You can determine when these terms and conditions of use were last modified by checking the "Last Modified" legend at the top of this Web page. You are bound by any such changes, updates or modifications and, therefore, should visit this page periodically to review any changes, updates or modifications. If any change, update or modification is unacceptable to you, you agree to stop using the EPIC Web Site and to notify us that your member account with the EPIC Web Site should be deleted. By your continued use of the EPIC Web Site, you hereby accept all changes, updates, or modifications to this Agreement.
Creation of Account
You must create a password-protected member account with the EPIC Web Site through the "Create an Account" section and confirm your acceptance of this Agreement in order to request access to the nonpublic area of the site. 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 the EPIC Web Site. By using the EPIC Web Site you hereby agree that you will not establish more than one member account. For the avoidance of doubt, New Leaders does not have any obligation to grant access to the EPIC Web Site to any person.
Privacy
By using the EPIC Web Site, you expressly consent to New Leaders' disclosure and use of your personally identifiable information and, if applicable, information about your school as described in our Privacy Policy, which is incorporated herein by reference.
Surveys
By using the EPIC Web Site, you consent to receipt of any surveys, polls, or similar gathering of information ("Surveys") that New Leaders may conduct from time to time. New Leaders will endeavor to keep the identity of Survey respondents confidential in accordance with the Privacy Policy, which is incorporated herein by reference, but does not guarantee any respondent's anonymity.
EPIC Web Site Content
The contents of the EPIC Web Site, including without limitations, text, graphics, images, information, software, sound, video and other materials (collectively, the "Content") are for educational and informational purposes only. You agree that, except as otherwise expressly provided in this Agreement, you will not copy, reproduce, distribute, transmit, broadcast, display, publicly perform, sell, license, or otherwise use or exploit or create derivative works based upon the Content in any way for any public or commercial purposes without the prior written consent of New Leaders; provided that subject to your compliance with this Agreement, New Leaders grants to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the EPIC Web Site and Content via the Internet solely for the purposes of this Web Site, and (b) print out pages of this Web Site for your personal, non-commercial use only. 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 and material owned or controlled by third parties and licensed to New Leaders. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. 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.
Trademarks
"New Leaders," "EPIC," "The Effective Practice Incentive Community," and the New Leaders' and EPIC's 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 may provide links to third-party Web sites or references to other resources on the EPIC 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.
Disclaimer Of Warranties
THE EPIC 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 EPIC WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEW LEADERS, ITS OFFICERS, DIRECTORS, TRUSTEES, 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 A PARTICULAR PURPOSE IN CONNECTION WITH THE EPIC WEB SITE AND YOUR USE THEREOF. NEW LEADERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY OR COMPLETENESS OF THE EPIC WEB SITE'S CONTENT, THE CONTENT OF ANY SITES LINKED TO THE EPIC WEB SITE, OR OTHER MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE EPIC WEB 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 EPIC 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 ACCESS TO THE EPIC WEB SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE EPIC 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 MADE AVAILABLE VIA THE EPIC WEB SITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEW LEADERS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATIONS, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATIONS, 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 EPIC WEB SITE, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY USER'S ACCOUNT, OR (III) ANY OTHER MATTER ARISING OUT OF OR IN CONNECTION WITH THE EPIC 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 EPIC WEB SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NEW LEADERS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATIONS, REASONABLE ATTORNEY'S FEES, THAT MAY ARISE FROM YOUR USE OF THE EPIC WEB SITE OR YOUR BREACH OF THIS AGREEMENT. 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 EPIC 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 term of this Agreement, New Leaders reserves the right to terminate your access to the EPIC 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 EPIC Web Site or our policies, please contact our Online EPIC manager at epicinfo@newleaders.org. We try to answer every email in a timely manner, but are not always able to do so.
General
This Agreement and the Privacy Policy constitute the entire agreement between you and New Leaders with respect to the matters referenced herein, including without limitations, use of the EPIC Web Site, its Content, and the Privacy Policy. The EPIC Web Site is intended for the personal use of United States residents only, within the United States. The EPIC 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 New York County, State of New York any claim involving or arising from this Agreement. The failure of New Leaders to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, 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 this Agreement or any of your rights or obligations under this Agreement without New Leaders' express prior written consent. This 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: "EPIC Web Site Content," "Trademarks," "Third Party Links and Other Resources," "Disclaimer of Warranties," "Limitation of Liability," "Indemnity, and "General".
We hope you find the EPIC Web Site informative and convenient to use!