OSEPReports.net: Terms of Use

Terms of Use

Terms of Use for OSEPREPORTS.NET

The following Terms of Use govern your access to and use of the website found at www.OSEPreports.net (the "Site"). Please read these Terms of Use carefully. By accessing or using this Site, you agree to be legally bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use this Site.

This Site is owned and operated by Teaching Strategies, Inc. ("Teaching Strategies"). Whenever these Terms of Use refer to "we," "our," "us" or "OSEPreports.net," we are referring to Teaching Strategies.

From time to time we may amend, modify or update these Terms of Use without notice to you by posting the revised Terms of Use on this Site. The amended Terms of Use will be effective on the date posted. Any use by you of this Site subsequent to such posting will be governed by the amended Terms of Use. You can always access the current version of the Terms of Use on this page.

RESTRICTED AREAS

This Site is available for your access and use subject to these Terms of Use.

Teaching Strategies makes available on the Site an online reporting and assessment system ("Services") that can be used by teachers, school administrators, parents and other child care providers to track the progress of individual children and groups of children. Only registered users who have or are affiliated with an organization that has a subscription can access and use the Services. Attempting to access these restricted areas without authorization is prohibited.

Additional terms and conditions govern use of the Services. Contact your program administrator for information regarding the additional terms and conditions.

INTELLECTUAL PROPERTY

The data, text, pictures, sound, graphics, logos, marks, symbols, video, software (whether in source or object code form), tools and any other materials or information incorporated into, used in conjunction with, or otherwise made available on or through our Site (collectively, the "Content") and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to such Content (collectively, the "Intellectual Property") are owned by Teaching Strategies, its affiliates or third parties who have given us permission to use it. You may only use the Content and the Intellectual Property and access our website as expressly permitted in these Terms of Use and for no other purposes.

Teaching Strategies authorizes you to download one copy of the Content to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise reproduce, perform, distribute, display or create derivative works of the Content. If you download any software from our site, you are authorized to access only the source code version of the software. You may not reverse engineer, de-compile, disassemble or otherwise attempt to determine the source code of such software.

INFORMATION PROVIDED THROUGH OUR WEBSITE

If you choose to post or transmit any information, ideas or opinions on or through our site, you remain solely responsible for such materials and their content. When posting or transmitting information or otherwise using our website, you agree that you will not:

Harass, defame, intimidate or threaten another user;
Interfere with another user's rights to privacy;
Distribute chain letters, surveys or contests;
Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
Post any material that is obscene or indecent;
Promote or discuss any illegal activity;
Post any trademarks, logos or copyrighted material without the authorization of the owner;
Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
Advertise or sell any goods or services.

LINKS TO THIRD-PARTY WEBSITES

Our website may provide links to other third party websites operated by individuals or entities that are not affiliated with Teaching Strategies. We provide links to these third party sites solely for the convenience of our users. You should be aware that we do not review, screen or endorse, and are not responsible for, any content, advertising, products, services or other materials that appear on or are available from such websites. You assume full responsibility for your use of any third-party websites. Teaching Strategies will not be liable for any direct or indirect damages or losses caused by your use of such third-party websites.

PRIVACY

Our use of any personally identifiable information you provide through this website is governed by our Privacy Policy. Our current Privacy Policy can be found <a href=privacy.cfm">here</a>.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Teaching Strategies and its officers, agents, employees, licensors and service providers from any and all claims, liabilities and expenses, including, without limitation, attorneys' fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of any material or information that you may post or transmit on or through the site, any breach by you of these Terms of Use or applicable law or your violation of any rights of Teaching Strategies or a third party.

TERMINATION

We reserve the right to terminate your access to and use of this website at any time and without notice. We will terminate your right to use our website if you violate any of these Terms of Use or any other policy posted on our website, if you use this website for fraudulent purposes, or if we become aware that you are infringing any copyright or other intellectual property right.

DISCLAIMER OF WARRANTIES

YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WE MAKE NO WARRANTY THAT YOUR ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY OR SECURE OR THAT THE WEB SITE WILL BE ERROR-FREE OR TIMELY WITH ALL UPDATES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF OUR WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND OTHER LEGAL EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, (A) ANY ERRORS IN, OR OMISSIONS FROM, OUR WEBSITE; (B) ANY THIRD-PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM OUR WEBSITE; (C) THE UNAVAILABILITY OF OUR WEBSITE OR ANY PORTION THEREOF; (D) YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH OUR WEBSITE; OR (F) ANY COMPUTER VIRUSES, WORMS OR "TROJAN HORSES," ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE THAT IS ATTACHED TO, OR MADE A PART OF, OUR WEBSITE BY ANY PERSON, GROUP OR ORGANIZATION.

GENERAL

These Terms of Use shall be governed by and interpreted in accordance with the laws of the District of Columbia, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms of Use will be brought in the state or federal courts located in the District of Columbia. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Use and waive any objections and defenses inconsistent with such venue.

These Terms of Use, and any agreements incorporated by reference herein, set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms of Use, except that if you are registered to use the Services available on the Site, the terms and conditions of a separate Subscription Agreement governing the use of the Services will prevail over any conflicting provisions of these Terms of Use. Headings and captions of the sections are for reference purposes only and will not be used to interpret or construe these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provision of these Terms of Use or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the indemnification and limitation of liability provisions.

The website and Content may not be appropriate or available for use in countries other than the United States. If you choose to access our website from any location other than the United States, you accept full responsibility for compliance with applicable local laws.

COPYRIGHT NOTICE

If you are authorized to act on behalf of a copyright owner, and any material on our Site infringes on the rights the owner, please notify our designated agent:

Fran Simon, Director of Technology Initiatives
5151 Wisconsin Avenue, NW #300, Washington, DC 20016
202-362-7543, ext. 23
202-364-7273
OSEPreports.net@teachingstrategies.com

To be effective, your notification must provide us with information that meets the requirements of the U.S. Copyright Act, which are summarized as follows:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A detailed identification of the copyrighted work or works claimed to have been infringed;
Information sufficient to permit us to locate the allegedly infringing material;
Information sufficient to permit us to contact you, such as an address, telephone number or email address;
A statement that you have a good faith belief that the use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent or the law;
Your sworn statement that the information in your notification is accurate; and
Your sworn statement that you are authorized to act on behalf of the copyright owner of the allegedly infringing material.

QUESTIONS

Questions about these Terms of Use should be directed to OSEPreports.net@teachingstrategies.com.

Effective Date: June 14, 2004

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