Last Modified: February 4, 2020 (“Effective Date”)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, THEN YOU ARE NOT LICENSED TO USE THIS WEBSITE AND MUST IMMEDIATELY CEASE ALL USE OF IT.
Acceptance of Terms
The New Leaders® Website (the “Website”) is operated by New Leaders, Inc. (“New Leaders”, “we”, “us”, “our”). The primary goal of the Website is to provide information about New Leaders, its programs, and its services. These Terms and Conditions of Use (“Agreement”) cover all aspects of the Website. By using the Website, the user of the Website (“you”, “yours”) hereby agrees to the terms and conditions of this Agreement. Each use of any page of the Website will be deemed a separate transaction governed by the terms and conditions of use applicable at the time of use. New Leaders may, in its sole discretion, change this Agreement at any time by posting such change on the Website with or without advance notice to you, or as otherwise required by applicable law. If the terms of this Agreement change in any material respect, we will take reasonable steps to notify you by posting the revised Agreement on the Website or by other means that we may choose and as required by applicable law. You can determine when these terms and conditions of use were last modified by checking the “Last Modified” legend at the top of this Agreement. You are bound by any such changes and, therefore, should visit this page periodically to review any changes. If any change is unacceptable to you, you agree to stop using the Website and to notify us that your account with the Website should be deleted. By your continued use of the Website, you hereby accept all changes to this Agreement.
Creation of Account
In order to access some features of this Website, you must be assigned a unique user ID. You are responsible for all activities that occur under your user ID, whether or not authorized by you, and for taking all reasonable steps to ensure that no unauthorized person shall have access to your user ID for the Website. By using the Website, you hereby agree that you will not request more than one unique user ID. For the avoidance of doubt, New Leaders does not have any obligation to grant access to the non-public features of the Website to any person.
The contents of the Website, including without limitation, text, graphics, images, information, software, sound, video, and other materials (collectively, the “Content”) are for educational and informational purposes only. You agree that, except as otherwise expressly provided in this Agreement or on any Content, you will not copy, reproduce, distribute, transmit, broadcast, display, publicly perform, sell, license, or otherwise use or exploit or create derivative works based upon the Content in any way without the prior written consent of New Leaders; provided that subject to your compliance with this Agreement, New Leaders grants to you a limited, personal, revocable, non-transferable, and non-sublicensable license to (a) access the Website and Content solely for the purposes of this Website, and (b) unless otherwise indicated on the Content or technologically prohibited, download or print out Content for your personal, non-commercial use only. The Content is protected by copyright and other United States and foreign intellectual property and related laws. The Content includes, without limitation, material owned or controlled by New Leaders and material owned or controlled by third parties and licensed to New Leaders. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Title and rights to all Content remains with New Leaders or the third-party owners of such Content as applicable. Using the Website or accessing the Content does not give you ownership of any intellectual property rights in the Website or the Content. Any use of the Content not expressly permitted by this Agreement or as expressly provided on any Content is a breach of this Agreement and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved by New Leaders.
“New Leaders”, “Leadership Changes Everything”, “New Leaders for New Schools”, “Transformational Leadership Framework”, “Urban Excellence Framework”, “UEF”, “Great leaders = Great schools”, and the New Leaders’ logo and other indicia of origin (including product and service names) are trademarks of New Leaders (the “New Leaders Marks”). You agree not to display, reproduce or otherwise use in any manner the New Leaders Marks without New Leaders’ prior written permission.
New Leaders will remove any content on the Website if properly notified that such content infringes the intellectual property rights of a third party. If you are a copyright owner or an agent thereof and believe in good faith that any content on the Website infringes or otherwise conflicts with 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.C. § 512(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 are covered by a single notification, a representative list of such works on the Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit New Leaders to locate the material;
- The name, address, telephone number, and e-mail address (if available) of the complaining party;
- 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
- 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.
Notice must meet the then-current statutory requirements imposed by the DMCA. Please contact New Leaders’ designated Copyright Agent to send notifications of claimed infringement as described above. New Leaders’ designated Copyright Agent to receive notifications of claimed infringement is:
30 West 26th Street, 10th Floor
New York, NY 10010
Third-Party Links and Other Resources
New Leaders may provide links to third-party websites or references to other resources on the Website. New Leaders has no control over or responsibility for such websites and other resources. You agree that New Leaders is not responsible for the availability or security of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from or the privacy policies or other policies of such websites or other resources. New Leaders provides these links and references to you only as a convenience, and inclusion of any link or reference does not imply endorsement of these sites or other resources.
While we work to protect the security of your user ID and related information, New Leaders cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing firstname.lastname@example.org.
Disclaimer of Warranties
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEW LEADERS, ITS AFFILIATES, AND ITS OR THEIR OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, THE “NEW LEADERS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NEW LEADERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY OR COMPLETENESS OF THE WEBSITE’S CONTENT, THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, OR OTHER MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE USE OF 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 USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF NEW LEADERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF ACCESS TO THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 MADE AVAILABLE VIA THE WEBSITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NEW LEADERS PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA), EVEN IF NEW LEADERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) THE USE OF OR INABILITY TO USE THE WEBSITE, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY USER’S ACCOUNT OR USER ID, (III) ANY VIOLATION OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS BY ANY USER OF THE WEBSITE; OR (IV) ANY OTHER MATTER ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ITS CONTENT, ITS SERVICES OR THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OR ANY DETERMINATION THAT THE FOREGOING DISCLAIMER IS UNENFORCEABLE IN WHOLE OR IN PART, NEW LEADERS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100) OR THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE NEW LEADERS PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO NEW LEADERS’ ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE WEBSITE OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE NEW LEADERS PARTIES FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES, THAT MAY ARISE FROM YOUR USE OF THE WEBSITE, ANY CONTENT YOU SUBMIT TO OR TRANSMIT THROUGH THE WEBSITE, YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. NEW LEADERS WILL PROVIDE NOTICE TO YOU OF ANY SUCH ACTION OR CLAIM AND RESERVES THE RIGHT TO PARTICIPATE, AT ITS OWN EXPENSE, IN THE INVESTIGATION, SETTLEMENT, AND DEFENSE OF ANY SUCH CLAIM. THESE DEFENSE AND INDEMNIFICATION OBLIGATIONS WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
New Leaders shall have the right to immediately terminate this Agreement; add or remove functions, features, or requirements; and/or cease operations at any time, without liability to you, and with or without notice to you. In addition, New Leaders shall have the right to immediately terminate this Agreement with respect to any use that New Leaders, in its sole discretion, considers to be unacceptable, or in the event you breach this Agreement, in each case, without liability to you, and with or without notice to you. Upon termination of this Agreement for any reason, all rights granted under this Agreement will immediately cease to exist, and you must promptly discontinue all use of the Content and the Website and destroy all copies of the Content downloaded or printed by you. In addition, in the event that New Leaders determines, in its sole discretion, that you have breached any term of this Agreement, New Leaders reserves the right to terminate your access to the Website and take any other action that New Leaders, in its sole discretion, deems to be appropriate. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: “Website Content,” “DMCA”, “Third Party Links and Other Resources,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnity, and “General”.
Notice to California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
If you have any questions about the Website or our policies, please contact us at email@example.com. We try to answer every email in a timely manner but are not always able to do so.
© 2020 New Leaders, Inc. All Rights Reserved.