Terms & Conditions

EducareShare Document Library Terms of Use

In using this Website You are deemed to have read and agreed to the following terms and conditions:

General

The www.educareshare.org Website is owned by and under the control of the Ounce of Prevention Fund, Inc. (“Ounce”).  Access to and use of this Website and all of the Ounce’s content, services, materials, information, databases and systems are subject to these Terms of Use, any agreements and applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice.  From time to time, we may (a) supplement or make changes to rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of our system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in this Website or any Ounce database, material, service or system.  The Ounce reserves the right to terminate access to this Website or take other actions it reasonably believes necessary to comply with the law or to protect its rights or users.  Any access or attempt to access or use this Website for any unauthorized or illegal purpose is strictly prohibited.

Definitions

EducareShare Document Library means the online library located at this Website, which is for use only by Educare Network members and their employees, independent contractors, consultants and funders.

Educare Organization means the entity which created materials made available in the EducareShare Document Library.

Educare Organization Materials means the materials made available in the EducareShare Document Library which are created and owned by the listed Educare Organization.

You or User means the user of this site, who is an employee of an Educare Network member or an employee, officer, or partner of an Educare Network Member’s independent contractor, consultant or funder.

 

Use of this Website

Individual registered user accounts are intended for use by a single individual. Sharing of individual registered user accounts and associated passwords between multiple users is prohibited. If You establish a username and/or a password for the purpose of accessing certain features of the Website, You are responsible for all activities conducted under that username and password, and You will take all necessary steps to ensure that no one other than You uses that username or password and that that password is kept confidential. If You have any reason to believe that any password assigned to You has become known to or been used by any other person, You will inform the Ounce immediately.

If the Ounce believes that You have breached these Terms of Use, the Ounce reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website and terminate any licenses granted to You pursuant to these Terms of Use without prior notice and without any liability to the Ounce.

The Ounce does not guarantee availability of the Website at all times of the day. The Ounce may from time to time perform upgrades, updates or otherwise make the Website unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Website at any time and without notice. The Ounce has no obligation to provide access to or support for the Website.

 

Privacy Policy

You can view the Ounce’s Privacy Policy at https://educareshare.org/privacy-policy/.   The Privacy Policy describes the type of information that the Ounce gathers through the Website, and how that information is collected, stored, and used.

 

Links to this Website

You may not create a link to any page of this Website without the Ounce’s prior written consent. If You do create a link to a page of this Website You do so at your own risk.  Framing at this Website is expressly prohibited.

 

Links from this Website

We do not monitor or review the content of other party’s websites which are linked to or from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage Users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. The Ounce will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

Copyright and Use of Content

Except as otherwise identified, the copyright in the content of this Website is owned by the Ounce and listed owners and all rights are reserved.

Subject to the terms and conditions contained in these Terms of Use, the Ounce grants You a perpetual, nonexclusive, royalty-free, non-assignable, non-transferable license to access, upload, store, adapt and use the Educare Organization Materials in the EducareShare Document Library solely for use within User’s Educare Network organization and the Educare Network.  The Educare Organization listed on the Educare Organization Materials must be recognized in the attributions on any adaption prepared by User.  The Educare Organization Materials, including adaptations, may not be used for any commercial purpose.  For avoidance of doubt, User may not share or disclose any Educare Organization Materials, including any adaptations, to any third party without prior written permission from the Educare Organization listed on the Educare Organization Materials.

You acknowledge that all Educare Organization Materials are the sole property of the listed Educare Organization.  Further, You agree that the listed Educare Organization shall own all right, title and interest in and to any adaptations by You of Educare Organization Materials.  Any proprietary information contained in the adapted Educare Organization Materials that is owned by the Educare Network member for which You work shall remain owned solely and exclusively by such Educare Network member.

All other material presented on this Website is intended for the sole non-commercial use of the User. Except as expressly provided in these Terms of Use , the material accessed on this Website may not be published, broadcast, rewritten, or redistributed in whole or in part without the express written permission of the Ounce or the listed Educare Organization.  You must retain all copyright and other proprietary notices contained in all content access at this Website.  Other than as expressly permitted in these Terms of Use, no part of this Website may be modified, published, stored or transmitted in any form or means without the express written permission of the Ounce or the listed Educare Organization.

You agree that You will not and will not assist any third party to:

  • Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Website or otherwise attempt to gain unauthorized access to the Website, other users’ accounts, or the Ounce’s computer systems or networks,
  • Copy, modify, translate, adapt, or create derivative works or improvements (whether or not patentable) of any part of the Website;
  • Decompile, reverse engineer, disassemble, or decode the Website or otherwise attempt to derive or gain access to the source code of any part of the Website (unless applicable laws specifically prohibit such restriction);
  • Use the Website to advertise, buy or sell any products or services;
  • Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Website including though time-sharing, use of service bureau or by otherwise making the Website available on a network on which it is accessible by more than one device at any time;
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website;
  • Create an account under false pretenses; or

Except as otherwise identified, the trademarks including names, logos, slogans and service marks appearing at this Website, whether registered or unregistered, are the property of the Ounce or the listed Educare Organization.  Such marks are not to be copied, reproduced, published or in any way used without the prior written permission of the Ounce or the identified owner of the trademark.

 

Submissions

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated by User to the Ounce through this Website is deemed non-confidential and is the exclusive property of the Ounce.  The Ounce is entitled to use any information or ideas submitted for any purpose without restriction and without compensation or acknowledgement of its source.  THE OUNCE SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH INFORMATION BY THE OUNCE TO THE EXTENT PERMITTED BY LAW. This section does not apply to Educare Organization Materials uploaded by User on behalf of its Educare Organization at the “Submit Content” link.

 

Disclaimers

ALL EDUCARE ORGANIZATION MATERIALS, INFORMATION AND OTHER CONTENT ON OR OBTAINED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT.  THE OUNCE DOES NOT WARRANT THAT ANY EDUCARE ORGANIZATION MATERIALS, INFORMATION, OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY OUNCE SERVICE, DATABASE, MATERIAL OR OTHER PRODUCT OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY THE OUNCE, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR OR VIRUS FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED.  IN NO EVENT SHALL THE OUNCE HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS WEBSITE, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEBSITE, ANY OUNCE INFORMATION, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF.  YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE THE OUNCE WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, THE OUNCE DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE.  YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS.  IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS.  YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING THIS WEBSITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.

YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THIS WEBSITE OR ANY OUNCE INFORMATION, SERVICE, SYSTEM OR DATABASE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE SITE OR ANY SYSTEM, SOFTWARE OR DATA OF OR ANY OTHER USER OF OUNCE INFORMATION, SERVICES, DATABASES, MATERIALS OR SYSTEM.  YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE OUNCE AND ITS EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.

 

Limitation of Liability and Exclusion of Certain Damages

NEITHER THE OUNCE NOR ITS EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR ANY OUNCE INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF EDUCARE ORGANIZATION MATERIALS, ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY THE OUNCE THROUGH THIS WEBSITE, ANY INFORMATION PROVIDED IN THE OUNCE SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEBSITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT THE OUNCE IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE OUNCE’S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, COSTS AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE DISCLAIMERS AND NOTICES, PRIVACY POLICY OR USE OF THE SITE EXCEED IN THE AGGREGATE US$100.00 (ONE HUNDRED DOLLARS).

 

Notice to California Residents

If the Website is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Website is:

Ounce of Prevention Fund

33 West Monroe Street, Suite 1200

Chicago, Illinois 60603

[email protected]

312.922.3863

 

If the Website is deemed a electronic commercial service, You may file a complaint regarding the Website or to receive further information regarding use of the Website by sending a letter to the attention of “Site Administrator” at the above address or to [email protected].

 

Miscellaneous

These Terms of Use, constitute the entire agreement between You and the Ounce in relation to its subject matter and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever between You and the Ounce.  If any part or parts of these Terms of Use are held to be invalid, the remaining parts will continue to be valid and enforceable.  Nothing in these Terms of Use affects any statutory rights of consumers that cannot be waived or limited by contract.  The use by You of this Website, the Educare Organization Materials, the Ounce information, content, services or other materials, and any and all other matters between the Ounce and You related hereto, shall be governed by applicable United States federal law and the laws of the State of Illinois, excluding its conflict-of-laws rules.  You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Website, Educare Organization Materials or any Ounce information, content, service or other product.  Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being.  Venue for all disputes arising out of or relating to these Terms of Use shall be in the state and federal courts situated in Chicago, Illinois.

 

Notification of Changes

The Ounce reserves the right to change these Terms of Use as required. Your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site

 

Communication

Contact [email protected] for inquiries and additional information.  We reserve the right to contact site visitors regarding these terms, or any other policies or agreements relevant to site visitors.