EARLY LEARNING NATION TERMS OF SERVICE
Last Updated: November 12, 2019
Early Learning Nation (“ELN”) is a national initiative of the Bezos Family Foundation (the “Foundation,” “we” or “us”) focused on supporting communities in developing and strengthening community-based learning strategies to enhance early learning and development. These Terms of Service (“Terms”) apply to your access to and use of the ELN website (the “Site”), programs, and other products, materials, and services (collectively with the Site, the “Program”). By accessing or using our Site, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 13. If you do not agree to these Terms, do not use our Site or Program.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site or Program after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site and Program.
If you have any questions about these Terms, our Site, or our Program please contact us at firstname.lastname@example.org.
You must be at least 13 years of age to use our Site. If you use our Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Ownership; Limited License
(a) The Site and all ELN Content (as defined below) and other text, graphics, images, photographs, videos, illustrations, resources, educational materials, and other content contained therein (collectively the “Site Content”) is owned by the Foundation or our licensors and is protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site and the Site Content are reserved by us or our licensors.
Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use.
(b) The Site and Program may contain areas that include tools (including the Progress Rating Tool), educational materials, resources, and other ELN content (“ELN Content”) intended for download by users or may link to off-site areas in which such ELN Content is stored. You are authorized to download, reproduce and use such ELN Content provided that: (a) it is specifically designated as intended for download; (b) it is used solely for noncommercial purposes and (c) it is used in accordance with these Terms and any special rules and terms designated on the Site and Program as applying to the use of such content or otherwise provided to you in connection with the Program. Other content made available to you through the Program (“Additional Content”) is subject to the license terms applicable to such Additional Content in addition to these Terms. If no separate license terms apply, then the terms set forth in this paragraph 3(b) shall apply.
(c) Any use of the Site or the ELN Content other than as specifically authorized herein, and any use of Additional Content other than as authorized herein and in the applicable license, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Site and Program. You will not:
- Sell, resell or commercially use our Site, Program, ELN Content, Additional Content or any of the included educational materials or content;
- Copy, reproduce, distribute, modify, create derivate works from, remove any proprietary rights notices or markings from, publicly perform or publicly display all or portions of our Program, ELN Content, Additional Content and related materials, except as expressly permitted by us or our licensors;
- Use our Site or Program other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or Program that could damage, disable, overburden or impair the functioning of our Site in any manner;
- Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Site that you are not authorized to access;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site; or
- Use our Site, Program, or ELN Content, Additional Content, for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You also may not use, disclose, display, represent or reproduce ELN Content or Additional Content in any way that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Impersonates, or misrepresents your affiliation with, any person or entity including the Foundation and ELN;
- Misrepresents the content, conclusions, presentation, guidance, instructions or character of the ELN Content or the Additional Content;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site or Program, is contrary to our written instructions to you or may expose the Foundation, ELN or others to any harm or liability of any type.
Enforcement of this Section 4 is solely at the Foundation’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Site, ELN Content, Additional Content or Program will not contain any content that is prohibited by such rules.
EARLY LEARNING NATION and our logos, our product or service names, our slogans and the look and feel of the Site and Program are trademarks of the Foundation and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site and in connection with the Program are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about ELN or our Site and Program (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish or improve the Feedback in the Foundation’s sole discretion. You understand that the Foundation may treat Feedback as nonconfidential.
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Site and Program (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Foundation and our subsidiaries and affiliates, and each of our respective officers, directors, members, agents, partners and employees (individually and collectively, the “Foundation Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Site or Program; (b) your Feedback; (c) your violation of these Terms (including your unauthorized use of the ELN Content or Additional Content); (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Site and Program.
Your use of our Site, the ELN Content, the Additional Content and the Program is at your sole risk. Except as otherwise provided in a writing by us, our Site, Program and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, the Foundation does not represent or warrant that our Site, Program, ELN Content or Additional Content are accurate, complete, reliable, current or error-free. While we attempt to make your use of our Site and any content therein safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
Limitation of Liability
To the fullest extent permitted by applicable law, the Foundation, and the other Foundation Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty or otherwise—for any indirect, consequential, incidental or special damages or lost profits, even if the Foundation or the other Foundation Parties have been advised of the possibility of such damages.
The total liability of the Foundation and the other Foundation Parties for any claim arising out of or relating to these Terms, our Site, the Program or any ELN Content or Additional Content, regardless of the form of the action, is limited to $10.00.
The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Foundation or the other Foundation Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release the Foundation and the other Foundation Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you reside in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Transfer and Processing Data
In order for us to provide our Site and Program, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Foundation and the Foundation Parties, and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and the Foundation agree that any dispute arising out of or related to these Terms, our Program, the ELN Content or the Additional Content is personal to you and the Foundation and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or the Foundation seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Foundation seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Foundation waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, our Program, ELN Content, Additional Content or privacy and data security claims resolved in court. Instead, for any dispute or claim that you have against the Foundation or relating in any way to the Site, the Program, these Terms or privacy and data security claims, you agree to first contact the Foundation and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to the Foundation by email at email@example.com or by certified mail addressed to Bezos Family Foundation 1700 7th Avenue, Suite 116/#149 Seattle, WA 98101. The Notice must (a) include your name, residence address, email address and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and the Foundation cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and the Foundation agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, the Foundation and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and the Foundation agree that for any arbitration you initiate, you will pay the filing fee and the Foundation will pay the remaining JAMS fees and costs. For any arbitration initiated by Foundation, the Foundation will pay all JAMS fees and costs. You and the Foundation agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms, our Site, Program, ELN Content or Additional Content must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and the Foundation will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by emailing us at firstname.lastname@example.org and using the subject line, “Arbitration Opt-out.” In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
Governing Law and Venue
Any dispute arising from these Terms and your use of Site and Program will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington State or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Washington and the United States, respectively, sitting in King County, Washington.
Modifying and Terminating our Site and Program
We reserve the right to modify our Site and Program or to suspend or stop providing all or portions of our Site and Program at any time. You also have the right to stop using our Site and Program at any time. We are not responsible for any loss or harm related to your inability to access or use our Site and Program.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and ELN relating to your access to and use of our Site and Program. Notwithstanding any other provisions of these Terms, Sections 3, 4, 6, 7, 8. 9, 10, 11, 13, 14 and 17 survive any expiration or termination of these terms. The failure of ELN to exercise or enforce any right or provision of these Terms will 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. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms, the Site or the Program, in whole or in part, without your prior written consent.