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Terms of Use

Welcome to the Stern Center BUILDING BLOCKS FOR LITERACY ® Website (the “Website”), which is published and maintained by the Stern Center for Language and Learning, Inc. (the “Stern Center”). The Stern Center provides its service to users of the Website (“you”), subject to the following Terms of Use (“Terms of Use” or “Agreement”), which may be updated by the Stern Center from time to time without notice to you. Please read these Terms of Use carefully before using.

1. Your Acceptance

A. Your use of the Website is subject to your acceptance of this Agreement, and when you access, browse, or use this Website, you accept, without limitation or qualification, the Agreement as if you had signed it. If you do not agree to any of these terms, you are not permitted to use the Website.

B. The Stern Center may, in its sole discretion, modify or revise these Terms of Use and other policies at any time, and you agree to be bound by such modifications or revisions. You should periodically review the most up-to-date version. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Definitions

The following definitions apply to the Agreement:

A. “Website” refers to the Stern Center Website and includes Website Content (defined below).

B. “Website Content” includes the text, software, scripts, graphics,photos, sounds, music, videos, interactive features and the like, that appear onthe Website.

C. “Software”refers to any necessary software used in connection with the Website.

D. A “User” is any person who accesses the Stern Center Website.

3. General Use of the Website—Permissions and Restrictions

The Stern Center hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

A. You agree not to distribute in any medium any part of the Website without the Stern Center’s prior written authorization.

B. You agree not to alter or modify any part of the Website.

C. You agree not to access the Website by any means other than through the interface that is provided by the Stern Center for use in accessing the Website or any other explicitly authorized means the Stern Center may designate.

D. You agree not to use the Website for any commercial use without the prior written authorization of the Stern Center. You may not sell, profit from, or commercialize any aspect of the Website or works derived from them. Prohibited commercial uses do not include any use that the Stern Center expressly authorizes in writing.

E. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, any other applicable Stern Center policies, and all applicable local, national, and international laws and regulations.

F. The Stern Center reserves the right to discontinue any aspect of the Website at any time.

4. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website:

A. Website Content and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to the Stern Center, subject to trademark, copyright and other intellectual property rights under the law. Website Content is provided to you “as is” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You may access the Website and Website Content only as permitted under this Agreement. The Stern Center reserves all rights not expressly granted in and to the Website and Website Content.

B. You agree not to engage in the use, copying, or distribution of any of the Website or Website Content other than expressly permitted herein.

C. The Stern Center grants you a personal, non-transferable and non-exclusive right and license to use the object code version of any Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website, or any portion of the Website.

D. You acknowledge and agree that the Website and Software may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Website is protected by copyright, trademark, patent or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or Software, in whole or in part.

E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Website Content or enforce limitations on use of the Website or the Website Content therein.

5. Third Party Content

The Website may contain links to third party websites that are not owned or controlled by the Stern Center. The Stern Center has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Stern Center will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve the Stern Center from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

6. Changes in Terms and Conditions of the Terms of Use

The Stern Center reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.

7. Termination

The Stern Center reserves the right to terminate your access to the Website at any time without notice, for any reason (including, but not limited to, if you violate these Terms of Use) or for no reason. While the Stern Center’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action, the Stern Center does not represent that it will nor is it required to either actively monitor such behavior or provide such notice to you. The Stern Center's right to terminate your access is in addition to all other legal or equitable remedies available to the Stern Center hereunder, which rights are fully and expressly reserved by the Stern Center. Upon termination of this Agreement for any reason, you shall cease to use or further access the Website or any Website Content and be liable for any unauthorized attempts to do so via any means.

8. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Website content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Stern Center’s designated Copyright Agent to receive notifications of claimed infringement is: John Connell, jconnell@sterncenter.org You acknowledge that if you fail to comply with all of the requirements of this Section 9(A), your DMCA notice may not be valid.

9. Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

· YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE STERN CENTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

· THE STERN CENTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE 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/OR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

· ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

· THE STERN CENTER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE STERN CENTER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

· NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE STERN CENTER OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms of Use.

10. Limitation of Liability

IN NO EVENT SHALL THE STERN CENTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, TRUSTEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR WEBSITE,(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS INANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE STERN CENTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE STERN CENTER SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by the Stern Center from its facilities in the United States of America. The Stern Center makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless the Stern Center, its officers, trustees, directors, employees, agents and affiliates, or other partners, and other users, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of or access to the Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

12. Children under 13

Consistent with the Children’s Online Privacy Protection Act (“COPPA”), the Stern Center does not solicit personal information from children. Visitors 13 years of age and under should remember that they are required to obtain an adult’s permission before submitting any personal information to this, or any other, website.

13. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Stern Center without restriction.

14. General

A. You agree that: (i) the Website shall be deemed solely based in Vermont; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Stern Center, either specific or general, in jurisdictions other than Vermont.

B. These Terms of Use shall be governed by the internal substantive laws of the State of Vermont, without respect to its conflict of laws principles. Any claim or dispute between you and the Stern Center that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Chittenden County, Vermont.

C. These Terms of Use and any other legal notices published by the Stern Center on the Website shall constitute the entire agreement between you and the Stern Center concerning the Website.

D. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

E. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Stern Center’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

F. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

G. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

H. YOU AND THE STERN CENTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. Violations

Please report any violations of the Terms of Use to The Stern Center for Language and Learning.

16. Questions, Comments or Notices

If you have questions, comments, or notices about the Website or this Agreement, please contact us.

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