Terms of Use


ASCD Student Growth Center (“ASGC”), as a convenience to you as a user of content available on an ASGC website (collectively, “Site”), and/or as a subscriber or purchaser of a Service or Product (defined below), grants you access to the Site and any applicable Product and Service that the user has purchased, in each case conditioned on your acceptance of the terms, conditions, and notices contained herein (“Terms of Use”). By accessing or using the Site, or as the individual purchaser, user, or authorized employee or designee of the purchasing party of a Product or Service (each a “User”), you signify that you have read, understand, and agree to be bound by these Terms of Use, along with any additional terms and conditions relating specifically to the Site, Product, or Service, which are provided to the User (“Additional Terms” or “Agreement”). In the event of a conflict between the Terms of Use and Additional Terms, the Additional Terms shall control with respect to their subject matter. To the extent that the Additional Terms and Terms of Use can be construed together, they shall be. It is your responsibility to regularly check to determine if there have been changes to the Terms of Use or Additional Terms and to review such changes. You agree that ASGC may modify these Terms of Use, the Privacy Policy, and any Additional Terms at any time, and from time to time, with or without notice to you. When you access, use, or browse the Site, a Product, and/or Service, you accept, without limitation or qualification, these Terms of Use and any Additional Terms as if you had signed them. ASGC grants you access to the Site, Service (as defined below), and/or Product. For the purposes of these Terms of Use, “Service” means, collectively, subscription, tutorial, professional development or other training, curriculum development, volunteer, polling, discussion, and other related services provided in connection with the Site as well as general use of the Site. “Product” means, collectively, any publications, software, curricula, training, and other materials and products available through the Site through subscription and/or purchase.

1. Please read these Terms of Use and ASGC’s Privacy Policy carefully. By using the Site and/or Service or Product, you agree to these Terms of Use and an applicable Additional Terms, and you consent to the collection and use of information as described in ASGC’s Privacy Policy. If you do not agree to these Terms of Use, applicable Additional Terms, and the terms and conditions of ASGC’s Privacy Policy, you must exit the Site immediately and discontinue any use of information or Site Content in the Site.

2. Site Content

All content on the Site and available through any Product or Service including, without limitation, any designs, text, graphics, source code, programs, specifications, images, video, applications, software, music, sound, articles, press releases, brochures, manuals, and other information, as well as the selection and arrangement thereof, but excluding User Content as defined below (collectively, the “Site Content”), is the sole property of ASGC and/or its licensors and is protected by patent, trademark, copyright, and other intellectual property laws. Unless otherwise provided by any applicable Additional Terms, the Site Content shall not be used except in accordance with these Terms of Use or with ASGC’s express written consent. For further information on use of Site Content, please contact ASGC using the contact information provided below. Other than as necessary for your use of the Site, a Product, and/or Service in accordance with these Terms of Use, the applicable Additional Terms, or as otherwise agreed in writing by ASGC, ASGC grants no other privileges or rights in Site Content to you, and you must keep intact all patent, trademark, copyright, and other proprietary notices on the Site Content. Any Site Content owned by ASGC’s licensors may be subject to additional restrictions.

The foregoing does not apply to your own User Content (as defined in Paragraph 3 herein below) that you legally post on the Site and/or in a Product or Service. Provided that you are eligible for use of the Site, a Product, and/or a Service, you are granted a limited license to access and use Site Content and to download or print a copy of any portion of Site Content to which you have properly gained access solely for your personal, noncommercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Such license is subject to these Terms of Use and any other applicable Additional Terms and does not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of Site Content other than as specifically authorized herein, without the prior written permission of ASGC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use or any other applicable Additional Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.

3. User Content

For the purposes of the Terms of Use or any applicable Additional Terms, “User Content” includes, without limitation, photos, profiles (including your name, image, and likeness), messages, notes, text, information, sounds, video, advertisements, listings, and all other content that you upload, publish, or display (hereinafter, “post”) on the Site and/or in a Product or Service or transmit to or share with other users. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site, and/or a Product or Service, or otherwise provide to ASGC.

When you post User Content to the Site, or in a Product or Service, you authorize and direct ASGC to make such copies thereof as ASGC deems necessary in order to facilitate the posting and storage of the User Content on the Site, Product, and/or Service. By posting User Content to any part of the Site, or in a Product or Service, you automatically grant, and you represent and warrant that you have the right to grant to ASGC an irrevocable, perpetual, nonexclusive, transferable, fully paid worldwide license (with the right to sublicense) to use, edit (for grammar, clarity, or accuracy), copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site, Product, Service, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content and to grant and authorize sublicenses of the foregoing. You may remove your User Content at any time. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that ASGC may retain archived copies of your User Content. ASGC does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

4. Copyright

ASGC expects Users to respect the intellectual property rights of others. ASGC may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and will terminate the access rights of any repeat infringer. If you believe a work you own that is protected by a U.S. copyright has been posted without authorization, you may notify ASGC’s copyright agent and provide the following information:

a. A physical or electronic signature of the person authorized to act on behalf of the copyright owner;

b. Identification of the copyrighted work or works claimed to have been infringed;

c. A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;

d. Your name, mailing address, telephone number, and e-mail address;

e. A statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

To notify ASGC of claimed copyright infringement in accordance with Section 512 of the U.S. Copyright Act, please contact

Katy Wogec
Manager, Legal Services
1703 N. Beauregard Street
Alexandria, VA 22311-1714
USA
Tel: 1-800-933-2723, option 3
E-mail: kwogec@ascd.org

5. Trademark

All trademarks, service marks, trade names, and trade dress, whether registered or unregistered (collectively, the “Marks”), that appear on the Site and/or in a Product or Service are proprietary to ASGC or their respective owners. You may not display or reproduce the Marks other than with the prior written consent of ASGC, and you may not remove or otherwise modify any trademark notices from any Site Content or User Content received through the Site, Product, or Service.

6. Use and Restrictions

The Site and/or any applicable Product or Service is provided solely as a convenience to you for your noncommercial use only. You may use the Site, Product, and/or Service only in accordance with all applicable laws and regulations and in accordance with these Terms of Use and any applicable Additional Terms. You further agree that you shall not

a. unless otherwise permitted by ASGC in any applicable Additional Terms or a separate agreement, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Site Content;

b. other than for your use of the Site, Product, and/or Service as expressly permitted in these Terms of Use or Additional Terms, access or attempt to access any systems or servers on which the Site, Product, or Service is hosted or modify or alter the Site, Product, or Service in any way;

c. submit, display, or transmit any Site Content via the systems or services on which the Site, Product, or Service is hosted in violation of any proprietary rights of, or your contractual obligations to, any third party or in violation of applicable laws, rules, and regulations;

d. submit, display, or transmit any images, photographs, graphics, links, audio files, video files, or similar content with the intent to interrupt, limit, or otherwise impact the performance of the Site, Product, and/or Service or otherwise exceed ASGC’s bandwidth capacity;

e. submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;

f. forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Site Content transmitted to or via the Site;

g. use the Site, Products, and/or the Services to threaten, defame, abuse, assault, stalk, harass, or otherwise violate the rights of any other person or entity including, without limitation, rights of privacy or publicity;

h. publish, post, display, or disseminate any unethical, profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;

i. offer, sell, broker, purchase, or seek any unethical, profane, obscene, indecent, unlawful, terroristic, violent, or hateful services;

j. collect, store, publish, post, sell, transmit, or disclose personal data about Users of the Site unless authorized to do so;

k. upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;

l. restrict or prevent any other User from using the Site, Products, and/or Services;

m. upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, e-mail addresses, Social Security numbers, or credit card numbers; or

n. use or attempt to use another’s account, service, or system without authorization from ASGC.

7. Fees

ASGC charges fees for certain Products and Services including, without limitation, subscriptions. We may change our fees from time to time and at any time upon notice to you. Unless otherwise stated, all fees are expressed in U.S. dollars. You are responsible for any fees incurred in connection with the Services, the Products, your use of the Site, and/or all applicable charges, expenses, tariffs, and taxes.

If you have applied to become a User of an ASGC Product or Service, your access will begin immediately after we accept your application and successfully process your purchase order, credit card payment, or other form of payment and will remain in effect unless: (a) expressly cancelled by you within 90 days of the start date by e-mailing User@ASGC.org or calling our Customer Service Center at 1-800-933-2723 or (b) suspended or cancelled by ASGC in accordance with the terms and conditions of these Terms of Use or any applicable Additional Terms including, without limitation, if you have not signed up for or provided valid, accurate, and current information in connection with our Credit Card Auto Renewal Program and, for any reason, you fail to timely pay any fees. No refunds will be provided after 90 days from the start date of the purchased Product or Service. You agree that you will provide valid and accurate credit card and/or other payment or account information, which you are authorized and legally entitled to use to pay for any subscription or purchase of a Product or Service.

IF YOU HAVE ELECTED TO PARTICIPATE IN OUR CREDIT CARD AUTO RENEWAL PROGRAM, ASGC WILL AUTOMATICALLY RENEW ANY SUBSCRIPTION OR FEE AT THE APPLICABLE TIME OF RENEWAL DATE. YOU HEREBY AUTHORIZE ASGC TO CHARGE YOUR CREDIT CARD UNLESS YOU NOTIFY ASGC AT LEAST 30 BUSINESS DAYS PRIOR TO THE DATE ON WHICH YOUR CREDIT CARD IS DUE TO BE CHARGED FOR THE CONTINUED USE OF THE PRODUCT OR SERVICE.

For additional information or answers to your questions regarding our Credit Card Auto Renewal Program, please contact our Customer Service Center at User@ASGC.org or 1-800-933-2723.

8. User Access

The Site is not intended for use by individuals under the age of eighteen (18).

You must purchase access to certain Products and Services. To become a User, you must complete the registration and payment process. The registration and payment processes require, among other things, that you provide current, complete, and accurate information as requested on the applicable registration and payment forms (“Registration Data”) and that ASGC can successfully process your payment information. If you are registering on behalf of a school, school system, business entity, or other organization, you represent and warrant that you have the authority to provide the required information and bind the organization to these Terms of Use and any applicable Additional Terms. In consideration of your use of a subscription Product or Service, you agree to (a) maintain the security of your Password (as defined in Section 11 below); (b) maintain and promptly update the Registration Data, and any other information you provide to ASGC, to keep it accurate, current, and complete; and (c) be fully responsible for all use of your account and for any actions that take place using your account. Failure to comply may result in ASGC revoking your access to the Product or Service without refund. In addition, you acknowledge and agree that ASGC, in its sole discretion and without notice or any further obligation to you, may (a) temporarily suspend or permanently discontinue your access to the Product or Service and refuse any and all current and future access to or use of the other Products or Service or (b) take any other necessary or appropriate actions in case of technical problems, objectionable material, or false, misleading, unlawful, or inaccurate postings, articles, or other contributions.

9. Links to Third-Party Websites

The Site contains (or you may be sent through the Site or a Product or Service) links to other websites (“Third-Party Sites”) as well as text, images, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third Party-Applications, Software, or Content”). Such Third-Party Sites and Third-Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by ASGC. If you decide to leave the Site or applicable Product or Service and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that ASGC’s Terms of Use and any other applicable Additional Terms or ASGC policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Sites to which you navigate or relating to any applications you use or install from the Third-Party Site.

10. Modifications

As noted above, ASGC reserves the right, at any time and from time to time, without notice, to modify, alter, or update these Terms of Use and applicable Additional Terms, and your continued use of the Site, Product, and/or Service after such modifications, alterations, or updates signifies your agreement to be bound by such modifications, alterations, or updates. ASGC may also, directly or indirectly, make improvements and/or changes in the Site, the Product, and/or the Service or any portion thereof at any time without notice or obligation to you.

Any Site Content, Products, Services, prices, specifications, designs, conditions, or product descriptions offered or posted on the Site are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, ASGC reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, Services, Products, or Site Content offered through the Site, at any time and from time to time, regardless of whether such products, Services, Products, or Site Content were previously offered at no charge.

11. Confidentiality

You acknowledge and agree that any username, log-in code, identifier, or password (each, a “Password”) issued by ASGC to access the Site, a Product, or a Service is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity, whether or not a User, to access the Site or the Product or Service using such Password. You must make best efforts to prevent any third party from obtaining, sharing, distributing, or using your Password. You acknowledge and agree that you are responsible for any use of your username, user ID, log-in information, and/or Password, including any fees incurred to obtain a Password. You agree to notify ASGC immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by ASGC.

ASGC cannot be responsible for, and disclaims all liability in connection with, the use of any information that you submit, post, or display on the Site. You should use caution when posting any information, including personally identifiable information, to the Site.

12. Warranties and Disclaimer

EXCEPT AS EXPRESSLY PROVIDED BY THE APPLICABLE ADDITIONAL TERMS, THE SITE AND ANY SITE CONTENT, PRODUCT, AND SERVICE CONTAINED ON THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASGC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SITE CONTENT, PRODUCTS, AND SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ASGC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO ASGC THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

You acknowledge and agree that the Site and any Product or Service purchased may be temporarily unavailable from time to time for maintenance or other reasons, resulting in occasional interruption, lost work, or slow-downs in service. ASGC assumes no responsibility or liability in any manner for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to or alteration of User communications. ASGC is not responsible for any technical malfunction or other problems of any network or service, computer systems, servers or providers, computer equipment, or software on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users’ or to any other person’s computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Product or Service. Under no circumstances will ASGC be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, Product, or Service; any User Content or Third-Party Applications, Software, or Content posted on or through the Site, Product, or Service or transmitted to Users; or any interactions between Users of the Site, Product, or Service, whether online or offline.

13. Limitation of Liability

ASGC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT ASGC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS. WITHOUT LIMITING THE FOREGOING, ASGC’S LIABILITY IN CONNECTION WITH THE SITE, THE SITE CONTENT, THE PRODUCTS, THE SERVICES, OR THESE TERMS OF USE OR ANY ADDITIONAL TERMS SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SITE, SITE CONTENT, PRODUCTS, OR SERVICES GIVING RISE TO THE CLAIM. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

14. Indemnification

You agree to indemnify, defend, and hold harmless ASGC and its officers, directors, employees, agents, suppliers, licensors, and third-party partners from and against all claims, losses, expenses, damages, and costs (collectively, “Damages”), including reasonable attorneys’ fees, resulting from: (a) any violation by you of these Terms of Use or any applicable Additional Terms and (b) any User Content provided by you.

15. Dispute Resolution

If any controversy, dispute, or claim arising out of or related to your use of the Site, Product, and/or Service or any of the Site Content arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, ASGC will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, or transfer or sale of the Site, Product, Service, the Marks, and/or the Site Content.

16. Governing Law

Except as provided in the second sentence of Section 15, all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, and court hearings and other hearings initiated in connection with the Site, Products, Service, and/or the Site Content must and will be venued exclusively in Alexandria, Virginia, USA. These Terms of Use, any applicable Additional Terms of Use, and the relationship between you and ASGC will be governed by the laws of the Commonwealth of Virginia, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these Terms of Use or any applicable Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use or any applicable Additional Terms shall continue in effect.

17. Miscellaneous

If any provision of these Terms of Use or any applicable Additional Terms is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use or the applicable Additional Terms will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ASGC as a result of these Terms of Use, any applicable Additional Terms, ASGS’s Privacy Policy, or use of the Site, Product, and/or Service. ASGC’s performance of these Terms of Use and any applicable Additional Terms is subject to existing laws and legal process, and nothing contained in these Terms of Use, any applicable Additional Terms, or ASGC’s Privacy Policy is in derogation of ASGC’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ASGC with respect to such use. These Terms of Use, the Privacy Policy, and any applicable Additional Terms constitute the entire Agreement between you and ASGC with respect to the Site, Products, and Service, and they supersede all prior or contemporaneous communications and proposals whether electronic, oral, or written, between you and ASGC with respect to the Site, Product, and Service. In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing with respect to the Site, Service, Product, or any Site Content, the Additional Terms shall control with respect to their subject matter. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. We may provide notice to you hereunder by posting announcements to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration, or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This page was last modified on May 9, 2017.