Center for Collaborative Education Metro Boston Inc. (d/b/a Center for Collaborative Education) (“CCE,” “we” or “us”) maintains this website (the “Website”) as a source of information about CCE and its products or services. By using the Website, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK IT PERIODICALLY FOR CHANGES. If you do not accept this Agreement, do not use the Website.
1. Intellectual Property Ownership; Conditions on Use.
All of the functionality, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology featured or displayed on or used to deliver the Website (“CCE Content”) is the property of, and owned by, CCE, its licensors and/or third-party content providers. All elements of the Website, including without limitation the design and CCE Content, are protected by copyright, trademark and other laws relating to intellectual property. Unless otherwise indicated on a case-by-case basis, CCE grants you a limited, non-exclusive, non-sublicensable license to reproduce and use CCE Content and to share, adapt, transform and build upon CCE Content for non-commercial educational purposes, so long as any such use: (a) includes clear and prominent credit to CCE; (b) contains a link back to www.cce.org as the original source of the work and a link to this license; (c) retains all relevant copyright and attribution notices; and (d) indicates if changes were made to the original CCE Content. Except as authorized under copyright law, you are responsible for obtaining permission to use any CCE Content owned by any party other than CCE. For your information, this includes certain photographs and illustrations on the Website, which are licensed by CCE from third parties and come with limited rights. If you would like further information regarding permissions for specific photos, illustrations, videos, or other CCE Content, please contact us at firstname.lastname@example.org.
The marks CENTER FOR COLLABORATIVE EDUCATION (CCE), QUALITY PERFORMANCE ASSESSMENT (QPA), QUALITY PERFORMANCE ASSESSMENT GUIDE (QPA GUIDE) and TURNING POINTS, and any related logos are registered or unregistered trademarks of CCE, and may not be used in connection with any service or products other than those provided by CCE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CCE. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of CCE Content is prohibited. You agree that you will comply with all applicable laws, rules and regulations in your use of the Website and CCE Content, and you will be solely responsible for your own violations thereof.
In order to access certain content, blog posts, videos and publications, you may be required to provide us with your first name, last name, name of organization, email address, city and state of residence, telephone number, create a password and register with us. To the extent you are accessing this content on behalf of an organization, you may need to also provide us with information in order to confirm, or permit us to confirm, any relationship between you and such organization. We may also request additional information from you. You represent and warrant to us that you will provide us with accurate, current and complete registration information. You are responsible for your registration, and for all access to CCE Content using any user credentials or passwords issued to you or chosen by you. You will keep all such credentials and passwords confidential.
3. Fees and Orders.
Certain content on the Website may be available only if certain fees are paid by you, or for your benefit (e.g., we may permit a third party to pay certain fees for your benefit). You will provide us (or our designated third-party payment provider) with accurate and valid credit card or other payment information. If any charge is rejected by our bank or payment providers, you are still liable to pay the fees.
4. Use of the Website.
If you submit, upload, or otherwise add any content to the Website (“Your Content”) in comments or any other manner, Your Content must not: (i) be libelous, vulgar, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or encourage a criminal offense; (ii) contain material from other copyrighted works without the written consent of the owner of such copyrighted material; (iii) infringe any copyright or violate any property rights, rights of privacy or publicity, or any other rights of any third party; (iv) contain any software viruses, malware, spyware or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) contain a review or any portion thereof that you were paid to write either directly or indirectly; or (vi) except as otherwise expressly permitted by us in writing, contain any advertising, promotional, solicitation or other commercial material.
5. Ideas Submitted to CCE.
In the event that you submit to CCE any ideas or suggestions for the Website, CCE Content or any CCE products or services, or otherwise relating to the operation of CCE (including submissions via the Website or any email addresses of CCE personnel located on or through the Website) (collectively, “Feedback”), the Feedback will be deemed, and will remain, the sole property of CCE. None of the Feedback will be subject to any obligation of confidentiality on the part of CCE, and CCE will not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, CCE will be entitled to unrestricted use and other exploitation of the Feedback for any purpose whatsoever, by any means, by any media, without compensation to the provider, author, creator or inventor of the Feedback.
6. Links to Third Party Websites.
The Website may contain links to third-party websites. Any linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by CCE. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
7. Warranty Disclaimers and Limitations of Liability.
CCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY CCE CONTENT. THE WEBSITE AND CCE CONTENT ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, AND CCE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE WEBSITE OR ANY CCE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, OR SECURE, OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE WEBSITE OR ANY CCE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY CCE CONTENT.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM CCE ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR CCE CONTENT, EVEN IF CCE HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE OR CCE CONTENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US IN THE PRIOR YEAR (OR, IF YOU ARE A NON-FEE PAYING USER, TO THE AMOUNT OF $10).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You will indemnify us, and our licensors, providers, and agents, against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees (“Liabilities”) arising out of or related to your breach of this Agreement or your use of the Website (but excluding any Liabilities to the extent caused by our negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
Without limitation of the foregoing, if we receive a subpoena or similar requirement to disclose Your Content issued by any court or governmental authority, and we are not a party to the proceeding in question, you will reimburse us for our reasonable costs and expenses of complying with such subpoena, including time spent by our personnel and our attorneys at time and materials rates.
10. Applicable Law; Jurisdiction.
You and CCE agree that this Agreement, and all disputes arising from or relating to the Website, CCE Content, or this Agreement, will be governed by the laws of The Commonwealth of Massachusetts, without regard to any conflicts of laws principles that would apply another law. You hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within The Commonwealth of Massachusetts with respect to any suit, claim or cause of action arising from or relating to the Website, CCE Content or this Agreement, and you agree not to bring any such suit, claim or cause of action except in a court located within The Commonwealth of Massachusetts.
CCE reserves the right to modify this Agreement, any aspects of the Website or CCE Content, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other CCE policies before using the Website.
12. Compliance With Laws.
You will comply with all laws and regulations applicable to your activities under or in connection with this Agreement, including without limitation United States export control laws, regulations and executive orders.
13. Miscellaneous Provisions.
Headings are provided for convenience only and will not be used to interpret the substance of this Agreement. Unless the intent is expressly otherwise in specific cases, the use of “include,” “includes” or “including” herein will not be limiting and “or” will not be exclusive. No waiver by CCE of any breach of any provision herein will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver by CCE will be binding unless made in an express writing signed by CCE. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. This Agreement sets forth the entire agreement between you and CCE regarding its subject matter, and supersedes all prior promises, agreements, discussions or representations, whether written or oral, regarding such subject matter. Except as otherwise provided herein, this Agreement may only be modified by an express written instrument signed by CCE. You may not assign or otherwise transfer this Agreement or any of your rights hereunder, or delegate any of your obligations hereunder, without the prior written consent of CCE in its sole discretion. Any purported assignment or delegation without such consent will be null and void. CCE may freely assign, transfer or delegate this Agreement, in whole or in part, from time-to-time. This Agreement will be binding upon and inure to the benefit of the parties’ successors and permitted assigns. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Effective Date of Terms: July 26, 2018