Introduction
This web site (the “Web Site”) is provided to you under these “Terms of Use” and any amendments or supplements to them that may be posted by National Association for the Education of Young Children Now (“NAEYC”). Your use of this Web Site shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the Agreement’s terms and conditions, we ask that you not use the Web Site.
Contact Information
If you have any questions or concerns with respect to the Agreement or the Web Site or would like to have contact information you previously submitted to us removed, you may contact the designated representative of NAEYC, Webmaster, 1313 L Street, NW, Suite 500, Washington, DC 20005, naeyc@naeyc.org.
Compliance with Laws
You agree to comply with all applicable local laws regarding your use of the Web Site.
Ownership
This Web Site is owned by NAEYC. All right to, title to, and interest in the Content displayed on the Web Site, including but not limited to the Web Site’s look and feel, data, information, text, graphics, images, designs, trademarks, service marks, trade names, and URL, are the property of NAEYC and/or its licensors.
Protection of Intellectual Rights and License
You acknowledge that this Web Site and all of its current and future content, including, without limitation, content in the form of text, graphics, photographs, messages, posts, data, information and other materials and the look and feel of the Web Site (collectively, the “Content”) whether provided by NAEYC or provided by third-parties, is protected by copyrights, trademarks, patents, or other proprietary rights and laws. You may only use the Content as expressly set forth in this Agreement. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
Subject to your compliance with these terms, NAEYC hereby grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to access, download, view, reproduce and distribute “as is” copies of text-based Content prepared by NAEYC/National Association for the Education of Young Children Now (“NAEYC Text-based Content”) in its entirety. You may not modify, edit, create derivative works from the NAEYC Text-based Content nor are you permitted to use such Content for commercial purposes without NAEYC’s prior written consent. You must retain all copyright, trademark and other proprietary notices contained in the original of such Content or any copy you may make of the Content. You may not, nor may you allow or aid or abet any third party (whether or not for your benefit) to, copy or adapt any code that comprises the Web Site’s software, HTML, JavaScript, or otherwise reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the Web Site or any software or other products or processes accessible through the Web Site, nor insert any code or product to manipulate the Content in any way that affects any user’s experience. Those text-based materials contained in this Web Site that are owned by other copyright owners including but not limited to newspaper articles may not be reproduced without the prior written consent of those copyright owners, regardless of the intended use.
Copyright in photographs, illustrations, artwork, graphic images and other non-text based Content contained in this Web Site is owned by NAEYC or its licensors. Non-text based Content may not be reproduced without the prior written consent of NAEYC and/or the other copyright owners, as applicable, regardless of the intended use (unless it is a part of the NAEYC Text-based Content). Non-text based Content may not be modified in any way.
All trademarks, service marks, trade names, logos, symbols and slogans, including without limitation NATIONAL ASSOCIATION FOR THE EDUCATION OF YOUNG CHILDREN, used in this Web Site (“Marks”) are owned by NAEYC, or its Licensors. Any use of the Marks or the Content in this Web Site, to express or imply endorsement, sponsorship, affiliation or association of the user with or by NAEYC is strictly prohibited.
All requests to NAEYC to reproduce non-text based Content or for information about the license provided in this provision should be directed to the Web content and publications specialist, at naeyc@naeyc.org
User Content and Correspondence
NAEYC maintains a portion of the Web Site called the “Shared Content Area” to allow visitors to the website to contribute information relating to National Association for the Education of Young Children, subject to NAEYC’s approval. The Shared Content Area may not be used to post partisan political statements aimed at influencing legislation or supporting or opposing candidates for public office, or in a manner that otherwise violates the law. All statements and materials posted on the Shared Content Area by contributors reflect the views of such individual contributors and do not necessarily reflect the views of NAEYC.
You understand and agree that all Content is the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Web Site. You acknowledge that NAEYC and its designees will have the right (but not the obligation) in their sole discretion to refuse access to the site to any user for any reason, including, without limitation, any reason that violates the Agreement. Without limiting the foregoing, NAEYC and its designees will have the right to remove any Content that violates the Agreement or that NAEYC considers, in its sole discretion, objectionable, whether for legal or other reasons. You understand that the technical processing and transmission of the Web Site, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that NAEYC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of NAEYC, its users, and the public. Details regarding our use of personally identifiable information included in Content are set out in our Privacy statement.
By posting Content to the Web Site or by transmitting Content using the Web Site, you (1) represent and warrant to NAEYC that the Content you post is in the public domain or original to you or that you have all necessary permission to post or transmit that Content and that, therefore, your posting does not infringe the intellectual property rights of any third parties; and (2) grant to NAEYC a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free and irrevocable right to license to use, reproduce, modify, adapt, publish, translate, cause derivative works from, distribute, perform, and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
If you have reason to believe that material in which you (or any person or entity for which you are an authorized agent) hold the copyright has been posted to the Shared Content Area without appropriate authorization, please contact NAEYC’s Designated Agent to Receive Notification of Claimed Infringement, Therese M. Myers, NAEYC General Counsel, 1313 L Street NW, Suite 500, Washington, D.C., 20005, (202) 232-8777 Ext. 8803, tmyers@naeyc.org. NAEYC fully complies with the notice and takedown provisions of Sections 512(c) and (g) of the United States Copyright Act. We also enforce a policy that provides for the termination of access to the Shared Content Area to contributors who are found to be repeat infringers or who otherwise violate the policies governing use of the Shared Content Area.
Online forums such as that available through the Web Site contain the opinions and views of other users. NAEYC is not responsible for the accuracy of any postings to this Site. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to NAEYC regarding the Web Site, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is “not for publication” and (ii) contains “private and proprietary” information that may not be distributed. NAEYC will have no obligation of any kind with respect to Received Materials that you do not restrict and NAEYC will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials.
Storage of Content
You agree that NAEYC may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Web Site. You agree that NAEYC has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through the Web Site.
Your Contact with Third Parties
Your dealings with third parties found on or through the Web Site are solely between you and the third party. You agree that NAEYC will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
Other Web Sites
The Web Site may provide links to other sites and/or resources over which NAEYC has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by NAEYC of content on those third-party web sites. You access and use such sites solely at you own risk. NAEYC makes no representations or warranties with respect to the Content, ownership, or legality of any such linked Web Sites.
Linking to the Web Site
If you link to this Web Site, the link must be in plain text, unless otherwise pre-approved in writing by NAEYC. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with the name NAEYC, NAEYC or the name of any other entity affiliated with NAEYC or any other intellectual property connected in any way to NAEYC, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with NAEYC or its affiliated entities. You may not “frame” this Web Site or alter its intellectual property or Content in any way. You may not link to the Web Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in the sole discretion of NAEYC). NAEYC reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site or this Agreement.
Information Disclaimer
THE INFORMATION AND MATERIALS ON THE WEB SITE ARE PROVIDED SOLELY FOR INFORMATION, EDUCATIONAL AND RESEARCH PURPOSES. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE. NAEYC AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT ON THE WEB SITE. NAEYC CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT.
Disclaimer of Warranties with Respect to Use of Web Site
YOU UNDERSTAND AND AGREE THAT THE WEB SITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NAEYC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT OF ANY THIRD PARTY RIGHT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
NAEYC DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NAEYC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN 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 SUCH MATERIAL AND/OR DATA. NAEYC IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAEYC OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Children
NAEYC does not solicit personally identifying information from children. Visitors who are under 13 years of age should ask their parent or legal guardian for assistance when using the site and should not submit any personally identifying information to the site.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL NAEYC BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES), INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE) RESULTING FROM OR IN CONNECTION WITH (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (4) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT NAEYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification
You agree to indemnify and hold harmless NAEYC, its directors, officers, employees, agents, subsidiaries, parents, affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (1) your use of the Web Site or any Content; (2) your breach of the Agreement or any law, rule or regulation; and (3) your connection to the Web Site. You will cooperate as fully and reasonably required by NAEYC in the defense of any claim. NAEYC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of NAEYC.
Modification or Suspension of the Web Site
You agree that NAEYC may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that NAEYC will not be liable for the consequences of doing so.
Termination
You agree that NAEYC may, in its sole discretion, and at any time, terminate your use of the Web Site without prior notice to you for any reason that NAEYC, in its sole discretion, deems appropriate. You further agree that NAEYC will not be liable to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights, Trademark Notices, Disclaimer of Warranties with Respect to Use of Web site, Limitations of Liability, Indemnification, Severability of Agreement, Limitations of Actions and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect. No waiver of any of the terms of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of NAEYC.
Limitations of Actions
You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations to the contrary.
Applicable Law
The Agreement and the resolution of any dispute related to the Agreement or the Web Site shall be governed by and construed in accordance with the laws of District of Columbia, without giving effect to any principles of conflicts of law. Any legal action between NAEYC and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the District of Columbia, and you agree to submit to the personal and exclusive jurisdiction of such courts.
