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Housman Institute LLC (together with affiliates, “Housman”) is a research, training and advocacy organization that supports emotional, cognitive, and social early learning for children from birth through six years. We work with schools, administrators, educators, mental health professionals, parents, and caregivers in the effective implementation of our evidence-based, prevention and intervention programs with the goal of developing children’s emotional intelligence. We provide additional information about our organization and opportunities for engagement with interested individuals and schools through our Services.
We may revise the information on the Services or otherwise change or update the Services, including these Terms. If we make changes to these Terms, we will post notice of the modifications to the Terms on this page, at which time the changes will become effective. We may also make improvements or changes to the Services, add new features, or terminate the Services at any time without notice, and we may also, in our sole discretion, restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. Continued use of the Services will signify your consent to the updated Terms; if you do not agree to the Terms as modified you must discontinue use of the Services.
Please see Sections 11-13 below regarding your legal rights in any dispute involving our Services.
We may require users to create and use an account to access certain portions of the Services (an “Account”). In creating an Account, you must provide complete and accurate information about yourself. You may not impersonate someone else, provide an invalid email address or an email address other than your own, or create multiple Accounts. You may not sell, transfer, license, or assign your credentials, Account, or any account rights. With the exception of individuals or businesses that are expressly authorized to create accounts on behalf of others, we prohibit the creation of and you agree that you will not create an Account for anyone other than yourself. You agree that we are not responsible or liable for the conduct of any user. You are responsible for any information or materials that you post or share with us through the Services. You must notify us immediately of any unauthorized use of your Account by emailing us as directed in the Contact section below.
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve or record information about the Services or its users; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in violation of any applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; or (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation. You may not access or use the Services by means of any automated program, expert system, electronic agent or “bot,” and shall not give any other person or entity unauthorized access to the Services. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Services if you do so for commercial purposes. We may pursue legal action and/or notify law enforcement for any such violations.
If you elect to use fee-based portions of the Services (e.g., the Learning Management System), you may be required to pay a fee (“Fee”) on a subscription basis (“Subscription”). All amounts are in U.S. Dollars. We will notify you via email in advance of subscription renewals, and you can access your payment history in your Account or by contacting us. We may revise the Fees for our Services at any time, or impose additional fees or charges, in which case we will notify you by posting the change to our Services or by email. Fee changes will be effective as of the next billing cycle. If you opt-in to a Subscription or other Fee-based Services, you (i) agree to pay us the applicable Fees in accordance with these Terms, (ii) authorize us, through our payment processor, to charge you via your provided payment method for the Fees, and (iii) agree to such payment(s). All Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) other than taxes based on our income (collectively, “Taxes”). You will be responsible for paying all Taxes.
All payments are subject to the terms of our third-party payment processor in addition to these Terms. We are not responsible for any payment processor errors or mistakes, but will reasonably attempt to address such issues if they arise. If we, through the payment processor, do not receive payment from you, you agree to pay all Fees upon request.
Subscription Fees are automatically charged on a recurring basis (i.e., auto-renewal). Unless you cancel or change your Subscription(s) in accordance with these Terms, your Subscription(s) will be automatically extended for successive renewal periods of the same duration as the Subscription(s) originally selected, at the then-posted Fees. YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) FOR ANY SUBSCRIPTION YOU OPT INTO WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL WE RECEIVE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE CAN REASONABLY ACT. YOU CAN TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD THROUGH THE SERVICES OR BY CONTACTING US. This does not waive our right to seek payment directly from you.
You must provide current, complete, and accurate information for your Account, including billing details such as billing address, credit card number and credit card expiration date. You must promptly notify us if your payment method is canceled (e.g., for loss or theft) or if you become aware of a security issue.
Once initiated by you, payment obligations are non-refundable. Except as expressly set forth in these Terms or otherwise agreed-upon with us in writing, we do not issue refunds of any Fees for early cancellation or termination of the Services, or for any other reason. If you have a question or issue with the charges applicable to your Account, please contact us immediately. You agree to notify us of any Fee dispute within thirty (30) days of it being due, and must cooperate with us in good faith to promptly resolve any such dispute. If the charges were made in error, we will credit your Account or payment method for the appropriate amount. You agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.
We endeavor to provide an engaging community through our Services with forums and other interactive features (collectively, “Interactive Services”) that can help teachers and other users associated with particular schools, school districts or other designated groups (each, a “Channel”) to share information in meaningful ways. Use of such services is subject to these Terms, and other user guidelines that we may post.
Exercise caution, good sense, and sound judgment in using the Services. You are responsible for any material and information that you provide to us through the Services, including information, ideas, suggestions, and other materials that you post, submit, publish, display, or transmit (“User Content”). In some circumstances you may be able to use the Interactive Services to limit access to User Content you post to a specific Channel (e.g., your school or school district). TO RESPECT THE SENSITIVITY OF CONTENT THAT USERS MAY POST, YOU MAY NOT COPY ANOTHER USER’S POSTED CONTENT TO A DIFFERENT CHANNEL. YOU MAY NOT COPY ANOTHER USER’S CONTENT OUT OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, VIDEOS OF CLASS ACTIVITIES OR OTHER SENSITIVE CONTENT THAT A USER MAY POST TO THE SERVICES.
You agree, represent, and warrant that any User Content that you provide to us is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such User Content. Housman does not want you to, and you should not, send any confidential or proprietary User Content to us through the Services unless specifically requested or in circumstances where we indicate it will be kept confidentially within an Account or group of associated Accounts (e.g., for a particular organization).
We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. For allegations of copyright infringement, please follow the instructions below; otherwise, you can report any issues to us via the contact information provided at the end of these Terms. The remaining information in this section is provided exclusively for notifying us that your copyrighted material may have been infringed.
Pursuant to 17 U.S.C. 512(c)(2), written notification must be submitted in writing to the Designated Agent as follows:
Attn: DMCA Administrator
Subject: Notification of Claimed Infringement
By mail to: 831 Beacon St. #407, Newton, MA 02459
Or via email to: DMCA@housmaninstitute.org
To be effective, the notification of copyright infringement must include the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has 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 (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Housman (with its licensors) own all Materials available through the Services, including the learning management system, visual interfaces, interactive features, graphics, scripts, photo, sounds, music, videos, design, compilation, computer code, products, software, text, usage data, system logs, and all other elements and components of the Services, excluding User Content. Housman (with its licensors) own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Services, which are protected by applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Materials in whole or in part except as expressly authorized by us or the applicable licensor. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights.
Except as provided above, you may not use our name nor any misspelling or typographical variation of any of our trademarks, trade dress, or other branded elements, whether alone or in conjunction with any other word or phrase, trademarks, or service marks in any manner (including use in any metatags or any other “hidden text”) without our prior written consent. Any violation of the foregoing will terminate the permission and license granted by us to access and make use of the Services.
We may provide through the Services, solely as a convenience to users, links to websites operated by other entities. If you visit any linked website, then you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any trademark, trade name, logo, or copyright symbol of Housman. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITE AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, OR ANY WEBSITES LINKED TO OR FROM THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR RISK. Because some jurisdictions do not permit the exclusion of certain warranties, some of these exclusions may not apply to you.
WE CANNOT PREDICT AND DO NOT GUARANTEE THAT YOU WILL ATTAIN A PARTICULAR RESULT THROUGH USE OF THE SERVICES, AND YOU ACCEPT AND UNDERSTAND THAT RESULTS CAN DEPEND ON NUMEROUS FACTORS. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE NO GUARANTEES AS TO THE SPECIFIC OUTCOME OR RESULTS THAT YOU CAN EXPECT FROM USING THE SERVICES WE PROVIDE.
HOUSMAN AND ITS SERVICE PROVIDERS, OFFICERS, DIRECTORS, OWNERS, AND AGENTS (COLLECTIVELY, “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, THEIR MATERIALS OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
WE DO NOT ENDORSE, APPROVE, OR VERIFY ANY POSTED USER CONTENT ON THE SERVICES AND WE SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY USER CONTENT POSTED ON THE SERVICES, INCLUDING CLAIMS OF INFRINGEMENT RELATING TO USER CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
The provisions in these Terms are intended to be only as broad and inclusive as is permitted by applicable law. We reserve all rights, defenses, and permissible limitations under applicable law.
You agree that you will be responsible for any damages resulting from your violation of these Terms. You further agree to indemnify and hold Housman, and its owners, affiliates, officers, directors, agents and employees, contributors, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your breach of these Terms; (ii) your activities in connection with the Services, including any violation of any law or the rights of any third party that occurs in connection with your of the Services; or (iii) User Content or other information that you provided to Housman through the services.
You agree that the laws of the Commonwealth of Massachusetts and the United States of America will govern any dispute in connection with the Services, including with these Terms. Excluding claims for injunctive or other equitable relief, for claims related to the Services or any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. The arbitration shall take place in the Commonwealth of Massachusetts (unless required otherwise by JAMS) or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. You also agree that in the event of any action to enforce or interpret these Terms, the prevailing party shall be entitled to collect its reasonable attorney fees.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
The Services are controlled and operated by Housman from our offices within the United States of America. We make no representation that the Materials or Services are appropriate, lawful, or available for use in other locations. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
Housman and you are independent entities, and nothing in these Terms, or via use of the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Housman and you. Any rights and licenses granted under these Terms may not be transferred or assigned by you, but may be assigned by Housman without restriction. The failure of Housman to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have questions about our Services or these Terms, please contact us at Housman Institute LLC, 831 Beacon St. Suite, Newton, MA 02459, by e-mail to firstname.lastname@example.org.
These Terms were last updated on November 3rd, 2020.